Session of 1999

SENATE BILL No. 345

      An  Act enacting the Kansas higher education coordination act; abolishing and reestablish-
      ing the state board of regents; prescribing powers, duties and functions; relating to
      finance of postsecondary educational institutions; amending K.S.A. 12-16,102, 13-13a25,
      as amended by section 7 of 1999 House Bill No. 2565, 13-13a26, 13-13a27, 13-13a29,
      13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-202, 71-204, 71-211, 71-304, 71-305, 71-
      306, 71-402, 71-403, 71-601, as amended by section 1 of 1999 House Bill No. 2060, 71-
      604, 71-605, 71-609a, 71-610, 71-613, 71-615, 71-701, 71-801, 71-802, 71-901, 71-902,
      71-1104, 71-1105, 71-1106, 71-1201, 71-1309, 71-1406, 71-1507, 71-1508, 71-1702, 71-
      1705, 72-4408, as amended by section 1 of 1999 House Bill No. 2062, 72-4416, 72-4417,
      72-4418, 72-4421, 72-4424, 72-4427, 72-4429, 72-4444, 72-4453, 72-4454, 72-4460, 72-
      4466, 72-4517, 72-4518, 72-4521, 72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72-
      5019, 72-5020, 72-6501, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508, 72-6509, 72-
      7518a, 72-9002, 72-9006, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and
      79-5032 and K.S.A. 1998 Supp. 19-101a, 71-201, 71-301, 71-401, 71-406, 71-407, 71-
      602, 71-607, 71-609, 71-611, 71-613a, 71-619, 72-4412, as amended by section 2 of 1999
      House Bill No. 2062, 72-4468, 72-4469, 72-4470 and 72-4919 and repealing the existing
      sections; also repealing K.S.A. 13-13a28, 13-13a30, 72-6502, 74-3202, 74-3203, 74-3204
      and 74-3205 and K.S.A. 1998 Supp. 19-101i and 74-3201.


     
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) This act shall be known and may be cited as the
Kansas higher education coordination act.

      (b) The purpose of this act is to provide for the general improvement
of postsecondary education in the state of Kansas and to provide lead-
ership, supervision and coordination for postsecondary educational insti-
tutions so that enhanced accessibility, quality, excellence, accountability,
research and service may be achieved in the postsecondary educational
system for Kansas residents through the efficient and effective utilization
and concentration of all available resources and the elimination of costly
and undesirable duplication in program and course offerings, faculties
and physical facilities at postsecondary educational institutions.

      New Sec.  2. As used in the Kansas higher education coordination
act:

      (a) ``State board of regents'' or ``state board'' means the state board
of regents provided for in the constitution of this state and established by
section 3, and amendments thereto, except as otherwise specifically pro-
vided in this act.

      (b) ``State educational institution'' means any state educational insti-
tution, as defined in K.S.A. 76-711, and amendments thereto.

      (c) ``Municipal university'' means Washburn university of Topeka.

      (d) ``Community college'' means any community college established
under the laws of this state.

      (e) ``Technical college'' means any technical college established under
K.S.A. 72-4468, and amendments thereto.

      (f) ``Vocational education school'' means any area vocational school
or area vocational-technical school established under the laws of this state.

      (g) ``Public university'' means any state educational institution.

      (h) ``Postsecondary educational institution'' means any public univer-
sity, community college, technical college and vocational education
school, and includes any entity resulting from the consolidation or affili-
ation of any two or more of such postsecondary educational institutions.

      (i) ``Proprietary school'' means any proprietary school as defined in
K.S.A. 72-4919, and amendments thereto. The term proprietary school
does not include within its meaning any school or educational institution
specifically exempted from the definition of proprietary school by the
provisions of K.S.A. 72-4920, and amendments thereto.

      (j) ``Adult basic education program'' and ``adult supplementary edu-
cation program'' have the meanings respectively ascribed thereto in
K.S.A. 72-4517, and amendments thereto.

      (k) ``Representative of a postsecondary educational institution''
means any person who is the holder of an associate degree, a bachelor's
degree, or a certificate of completion awarded by a postsecondary edu-
cational institution.

      New Sec.  3. (a) There is established the state board of regents. The
state board of regents shall be composed of nine members appointed by
the governor, subject to confirmation by the senate as provided in K.S.A.
75-4315b, and amendments thereto. Except as provided by K.S.A. 1998
Supp. 46-2601, and amendments thereto, no person appointed to the
state board of regents shall exercise any power, duty or function as a
member of the state board until confirmed by the senate. Each member
shall hold office for a term of four years, except as provided in subsection
(b) for the first members appointed to the state board, and until a suc-
cessor is appointed and confirmed. Terms of members shall expire on
June 30. No person shall serve more than two terms of office as a member
of the state board, except that this limitation shall not include the first
term of office of any person appointed and qualified in accordance with
subsection (b)(4).

      (b)  (1) One member of the state board of regents shall be a resident
of each congressional district with the remaining members appointed
from among all residents of Kansas, except that no two members shall
reside in the same county at the time of appointment. Subsequent redis-
tricting of congressional districts shall not disqualify any member of the
state board from service for the remainder of the member's term of office.

      (2) At no time shall more than five members of the state board of
regents be members of the same political party.

      (3) At no time shall any person who is an elected official or an officer
or employee of any postsecondary educational institution be a member
of the state board of regents.

      (4) The first members of the state board of regents established under
this section shall be appointed by the governor on or before July 1, 1999.
Of such members, three shall have a term of office of four years, three
shall have a term of office of three years, and three shall have a term of
office of two years.

      (c) The members of the state board of regents shall meet and organ-
ize annually by electing one member as chairperson, except that the gov-
ernor shall designate the first chairperson of the state board from among
the first members appointed.

      (d) Members of the state board of regents attending meetings of the
state board, or attending a subcommittee meeting thereof authorized by
the state board, shall be paid compensation, subsistence allowances, mile-
age and other expenses as provided in K.S.A. 75-3212, and amendments
thereto, for members of the legislature.

      New Sec.  4. The state board of regents shall meet at least quarterly
each year in Topeka on dates fixed by the state board. Special meetings
may be held upon the call of the chairperson or upon the petition to the
chief executive officer of the state board by five members of the board,
the date and place of all special meetings to be designated in the call.
Five members of the state board shall constitute a quorum for the trans-
action of business but less than five members may adjourn any regular or
special meeting to a definite time and place.

      New Sec.  5. The state treasurer shall be the treasurer of the state
board of regents.

      New Sec.  6. (a) In the exercise of its leadership role, the state board
of regents shall be an advocate for the provision of adequate resources
and sufficient authority for all postsecondary educational institutions so
that each postsecondary educational institution can realize, within its pre-
scribed mission, role and scope, its full potential to the benefit of the
students who attend such postsecondary educational institution and to
the benefit of all Kansas residents in terms of receiving the benefits of a
highly educated and vocationally trained populace.

      (b) In addition to other duties and functions prescribed by law, the
state board of regents shall:

      (1) Adopt, from time to time amend, revise or modify, and administer
a comprehensive plan for coordination of higher education within this
state;

      (2) determine institutional roles and review institutional missions and
goals;

      (3) develop articulation procedures so that maximum freedom of
transfer among and between postsecondary educational institutions is en-
sured;

      (4) approve or disapprove for state funding purposes existing and pro-
posed educational programs, courses of instruction and program and
course locations;

      (5) review budget requests and requests for state funding of postse-
condary educational institutions and present a unified budget for higher
education to the governor and the legislature each year;

      (6) approve core indicators of quality performance for postsecondary
educational institutions;

      (7) resolve conflicts among and between postsecondary educational
institutions;

      (8) develop and implement a comprehensive plan for the utilization
of distance learning technologies;

      (9) develop each year and recommend to the governor and the leg-
islature a policy agenda for higher education, which policy agenda shall
assess priorities among proposals for policy change, programatic recom-
mendations, and state funding requests;

      (10) conduct continuous studies of ways to maximize the utilization
of resources available for higher education in Kansas and initiate action
for improvement;

      (11) conduct continuous studies of how state policies affect higher
education and how Kansas economic and demographic trends impact
upon accessibility and affordability of postsecondary education to Kansas
residents, and initiate ways to improve such accessibility and affordability;

      (12) receive and consider reports, proposals and recommendations of
the commissions and take such actions thereon as are deemed necessary
and appropriate;

      (13) report annually on the performance of its functions and duties
to the governor and the legislature; and

      (14) exercise such other powers and perform such other functions
and duties as are deemed necessary and appropriate to the fulfillment of
its constitutional and statutory responsibilities.

      New Sec.  7. The state board of regents shall appoint a chief executive
officer. The chief executive officer of the state board shall be in the un-
classified service under the Kansas civil service act, shall serve at the
pleasure of the state board and shall receive a salary fixed by the state
board, subject to approval by the governor. The chief executive officer
shall attend all meetings of the state board, keep a full and correct record
of its proceedings as approved by the state board and shall perform such
other duties and functions as the state board may prescribe.

      New Sec.  8. For the purpose of expediting the exercise of powers
and the performance of functions and duties of the state board of regents,
there is derived from the state board a commission for community col-
leges and vocational/technical education, a commission for public univer-
sities, and a commission for higher education coordination. Each com-
mission shall be composed of three members who are members of the
state board. At the time a member is appointed to the state board, the
governor shall designate the commission on which the member shall serve
so that each member of the state board is designated for service on one
of the commissions. At no time after July 1, 2002, shall there be more
than one representative of any one postsecondary educational institution
designated for service on a commission. The members of each commis-
sion shall organize annually by electing one member of their respective
commissions as chairperson. The chairperson of the state board may not
serve as the chairperson of a commission.

      New Sec.  9. (a) The commission for community colleges and voca-
tional/technical education shall meet at Topeka at least quarterly in each
year on dates fixed by the commission. Special meetings may be held
upon the call of the chairperson of the commission or upon petition to
the chairperson by the other two members of the commission. The date
and place of all special meetings shall be designated in the call. Two
members of the commission shall constitute a quorum for the transaction
of business but one member may adjourn any regular or special meeting
to a definite time and place.

      (b) The commission for community colleges and vocational/technical
education shall:

      (1) Propose for adoption by the state board rules and regulations for
supervision of the community colleges, technical colleges and vocational
education schools;

      (2) provide state wide planning for community colleges, technical col-
leges and vocational education schools.

      (3) initiate plans for institutional advancement and new educational
programs and courses of instruction;

      (4) review existing and proposed educational programs, courses of
instruction, and program and course locations and make recommenda-
tions to the state board for approval or disapproval of such programs,
courses and locations for state funding purposes;

      (5) review requests of community colleges, technical colleges and vo-
cational education schools for state funding and formulate recommen-
dations thereon;

      (6) identify core indicators of quality performance for community col-
leges, technical colleges and vocational education schools;

      (7) develop each year a policy agenda for community colleges, tech-
nical colleges and vocational education schools;

      (8) conduct continuous studies of ways to maximize the utilization of
resources available for community colleges, technical colleges and voca-
tional education schools and formulate recommendations for improve-
ment; and

      (9) make reports on the performance of its functions and duties to-
gether with any proposals and recommendations it may formulate with
respect thereto at each regular meeting of the state board.

      New Sec.  10. (a) The commission for public universities shall meet
at Topeka at least quarterly in each year on dates fixed by the commission.
Special meetings may be held upon the call of the chairperson of the
commission or upon petition to the chairperson by the other two mem-
bers of the commission. The date and place of all special meetings shall
be designated in the call. Two members of the commission shall constitute
a quorum for the transaction of business but one member may adjourn
any regular or special meeting to a definite time and place.

      (b) The commission for public universities shall:

      (1) Propose for adoption by the state board of rules and regulations
for operation and management of the state educational institutions;

      (2) initiate plans for institutional advancement and new educational
programs and courses of instruction;

      (3) formulate budget requests for the state educational institutions;

      (4) review existing educational programs and courses of instruction
at the public universities and evaluate the educational and economic jus-
tification, or lack thereof, for such programs and courses;

      (5) identify core indicators of quality performance for public univer-
sities;

      (6) make recommendations to the state board with respect to the
appointment of chief executive officers of the state educational institu-
tions;

      (7) develop each year a policy agenda for public universities;

      (8) conduct continuous studies of ways to maximize the utilization of
resources available for public universities and formulate recommenda-
tions for improvement; and

      (9) make reports on the performance of its functions and duties to-
gether with any proposals and recommendations it may formulate with
respect thereto at each regular meeting of the state board.

      New Sec.  11. (a) The commission for higher education coordination
shall meet at Topeka at least quarterly in each year on dates fixed by the
commission. Special meetings may be held upon the call of the chairper-
son of the commission or upon petition to the chairperson by the other
two members of the commission. The date and place of all special meet-
ings shall be designated in the call. Two members of the commission shall
constitute a quorum for the transaction of business but one member may
adjourn any regular or special meeting to a definite time and place.

      (b) The commission for higher education coordination shall:

      (1) Conduct continuous review and evaluation of the comprehensive
plan for coordination of higher education and make recommendations as
deemed necessary and appropriate for amendment, revision or modifi-
cation of the plan;

      (2) review existing and proposed educational programs, courses of
instruction, and program and course locations and make recommenda-
tions to the state board with respect to the coordination of such programs,
courses and locations;

      (3) collect and analyze data and maintain a uniform postsecondary
education data base;

      (4) formulate recommendations for resolution of conflicts among and
between postsecondary educational sectors and institutions;

      (5) compile and coordinate core indicators of quality performance for
postsecondary educational institutions;

      (6) broker affiliations and mergers of postsecondary educational in-
stitutions;

      (7) coordinate a state system interface with the municipal university
and with private colleges and universities;

      (8) formulate budget requests for state student financial assistance
programs; and

      (9) make reports on the performance of its functions and duties to-
gether with any proposals and recommendations it may formulate with
respect thereto at each regular meeting of the state board.

      New Sec.  12. (a) During the 2000 fiscal year, the state board of re-
gents (1) shall review the performance indicators developed by the pos-
tsecondary educational institutions, including the municipal university; (2)
after consideration of the core indicators of quality performance identi-
fied by the respective commissions and with the active involvement of
the institutions, shall approve those indicators that the state board deter-
mines should be implemented; and (3) shall select from among the in-
dicators approved for implementation those indicators that will become
determinants for the allocation of state moneys on the basis of perform-
ance. The indicators selected may vary among the institutions and among
institutional sectors.

      (b) During the 2001 fiscal year, the postsecondary educational insti-
tutions, including the municipal university, shall develop institutional im-
provement plans showing how they will implement the performance in-
dicators applicable to their institution and how they will measure
performance on the basis of each indicator. Institutional improvement
plans shall be revised and submitted to the state board of regents by each
institution at least every three years. The board of regents shall provide
technical assistance to institutions in the development, implementation,
and revision of their improvement plans.

      (c) Commencing on July 1, 2001, institutional improvement plans
shall be implemented for each postsecondary educational institution, in-
cluding the municipal university. Each institution shall begin the data
collection, measurement, or other documentation necessary in order for
its performance to be evaluated with regard to each indicator.

      New Sec.  13. On the effective date of this act, the following state
agency and office shall be and hereby are abolished:

      (a) The state board of regents created by K.S.A. 74-3201, and amend-
ments thereto; and

      (b) the office of executive officer of the state board of regents pro-
vided to be appointed by K.S.A. 74-3203, and amendments thereto.

      New Sec.  14. For the purpose of concluding operations, the state
board of regents and the office of executive officer of the state board of
regents abolished by this act shall continue in existence until June 30,
1999. During such period of existence the abolished state board of regents
and the executive officer of the abolished state board shall exercise all of
the powers, duties and functions that were vested therein prior to aboli-
tion. Upon the expiration of such period of existence, the abolished state
board of regents and the executive officer thereof shall cease all opera-
tions and shall have no further authority to act.

      New Sec.  15. (a) On July 1, 1999, all of the powers, duties, functions,
records and property of the state agency and office abolished by this act,
including the power to administer, expend and distribute funds now or
hereafter made available in accordance with appropriation acts, shall be
and hereby are transferred to and conferred and imposed upon the state
board of regents established by section 3, and amendments thereto. The
state board of regents established by section 3, and amendments thereto,
shall be the successor in every way to the powers, duties and functions
of the abolished state agency and office, in which the same were vested
prior to July 1, 1999. The state board of regents established by section 3,
and amendments thereto, shall be a continuation of the abolished state
agency and office, and every act performed under the authority of the
state board of regents established by section 3, and amendments thereto,
shall be deemed to have the same force and effect as if performed by the
respective agency or office in which the authority to perform such act was
vested prior to July 1, 1999.

      (b) On and after July 1, 1999, whenever the state agency or office
abolished by this act are referred to or designated by a statute, contract
or other document, such reference or designation shall be deemed to
apply to the state board of regents established by section 3, and amend-
ments thereto.

      (c) All rules and regulations of the abolished state board of regents
in existence on June 30, 1999, shall continue to be effective and shall be
deemed to be duly adopted rules and regulations of the state board of
regents established by section 3, and amendments thereto, until revised,
amended, revoked or nullified pursuant to law.

      (d) All policies, orders and directives of the abolished state board of
regents in existence on June 30, 1999, shall continue to be effective and
shall be deemed to be orders and directives of the state board of regents
established by section 3, and amendments thereto, until revised, amended
or nullified pursuant to law.

      (e) On July 1, 1999, the state board of regents established by section
3, and amendments thereto, shall succeed to whatever right, title or in-
terest the abolished state board of regents has acquired in any real prop-
erty in this state, and the state board of regents established by section 3,
and amendments thereto, shall hold the same for and in the name of the
state of Kansas. On and after July 1, 1999, whenever any statute, contract,
deed or other document concerns the power or authority of the abolished
state board of regents to acquire, hold or dispose of real property or any
interest therein, the state board of regents established by section 3, and
amendments thereto, shall succeed to such power or authority.

      (f) The state board of regents established by section 3, and amend-
ments thereto, shall be a continuation of the abolished state board of
regents.

      New Sec.  16. (a) The state board of regents established by section
3, and amendments thereto, shall provide that all officers and employees
of the state board of education or the abolished state board of regents
who are engaged in the exercise and performance of the powers, duties,
and functions transferred by this act are transferred to the state board of
regents established by section 3, and amendments thereto, if the state
board deems that the transfer of such officers and employees is necessary
to the exercise and performance of such powers, duties and functions.

      (b) Officers and employees of the state board of education or the
abolished state board of regents who are transferred to the state board
of regents established by section 3, and amendments thereto, shall retain
all retirement benefits and leave rights which had accrued or vested prior
to the date of transfer. The service of each such officer and employee so
transferred shall be deemed to have been continuous. All transfers, layoffs
and abolition of classified service positions under the Kansas civil service
act which may result from transfers of powers, duties and functions shall
be made in accordance with the civil service laws and any rules and reg-
ulations adopted thereunder. Nothing in this act shall affect the classified
status of any transferred person employed by the state board of education
or the abolished state board of regents prior to the date of transfer. The
state board of regents established by section 3, and amendments thereto,
shall be responsible for administering any layoff that is a part of the trans-
fer. Notwithstanding the date of transfer of personnel from the state
board of education or the abolished state board of regents to the state
board of regents established by section 3, and amendments thereto, pur-
suant to the provisions of this act, the date of such transfer shall be ef-
fective at the start of a payroll period.

      New Sec.  17. (a) When any conflict arises as to the disposition of any
power, function or duty or the unexpended balance of any appropriation
as a result of any abolition, transfer or change effected by or under au-
thority of this act, such conflict shall be resolved by the governor, whose
decision shall be final.

      (b) On July 1, 1999, the state board of regents established by section
3, and amendments thereto, shall succeed to all property and records
which were used for or pertain to the performance of the powers, duties
and functions transferred to such state board. Any conflict as to the proper
disposition of property or records arising under this section, and resulting
from any abolition or transfer of powers, duties and functions effected by
or under authority of this act, shall be determined by the governor, whose
decision shall be final.

      New Sec.  18. (a) On and after July 1, 1999, the state board of regents
established by section 3, and amendments thereto, shall have the legal
custody of all records, memoranda, writings, entries, prints, representa-
tions or combinations thereof of any act, transaction, occurrence or event
of the abolished state board of regents and the executive officer thereof.

      (b) No suit, action or other proceeding, judicial or administrative,
lawfully commenced, or which could have been commenced, by or against
the abolished state board of regents or the executive officer thereof in
the official capacity of such board or officer or in relation to the discharge
of official duties of such board or officer, shall abate by reason of the
governmental reorganization effected under the provisions of this act. The
court may allow any such suit, action or other proceeding to be main-
tained by or against the state board of regents established by section 3,
and amendments thereto.

      (c) No criminal action commenced or which could have been com-
menced by the state shall abate by reason of the governmental reorgan-
ization effected under the provisions of this act.

      New Sec.  19. (a) On July 1, 1999, the balance of all funds appropri-
ated and reappropriated to the abolished state board of regents is hereby
transferred to the state board of regents established by section 3, and
amendments thereto, and shall be used only for the purpose for which
the appropriation was originally made.

      (b) On July 1, 1999, the liability for all accrued compensation or sal-
aries of officers and employees who, immediately prior to such date, were
engaged in the performance of powers, duties or functions of the abol-
ished state board of regents shall be assumed and paid by the state board
of regents established by section 3, and amendments thereto.

      New Sec.  20. (a) On July 1, 1999, the community colleges established
and existing under the laws of this state shall be and hereby are trans-
ferred from the supervision of the state board of education to supervision
and coordination by the state board of regents. The community colleges
shall continue to be operated, managed and controlled by locally elected
boards of trustees. The state board of regents shall exercise such super-
vision and coordination of the operation, management and control of
community colleges as may be prescribed by law.

      (b) On July 1, 1999, all of the powers, duties, functions, records and
property of the state board of education relating to community college
operations shall be and are hereby transferred to and conferred and im-
posed upon the state board of regents.

      (c) On and after July 1, 1999, the state board of regents shall be the
successor in every way to the powers, duties and functions of the state
board of education relating to community college operations in which the
same were vested prior to the effective date of this act. Every act per-
formed by the state board of regents shall be deemed to have the same
force and effect as if performed by the state board of education in which
such functions were vested prior to July 1, 1999.

      (d) On and after July 1, 1999, whenever the state board of education,
or words of like effect, is referred to or designated by a statute, contract
or other document relating to community college operations, such ref-
erence or designation shall be deemed to apply to the state board of
regents.

      (e) The state plan for community colleges, prepared and adopted by
the state board of education pursuant to the provisions of the Kansas
community college act, which is in existence on July 1, 1999, shall con-
tinue to be effective and shall be deemed to be the duly adopted state
plan of the state board of regents until revised, amended, revoked or
nullified pursuant to law.

      (f) All rules and regulations, and all orders and directives of the state
board of education relating to community college operations which are
in existence on July 1, 1999, shall continue to be effective and shall be
deemed to be the duly adopted rules and regulations or orders and di-
rectives of the state board of regents until revised, amended, revoked or
nullified pursuant to law.

      (g) The unexpended balance of any appropriation for and any funds
available to the state board of education for purposes relating to com-
munity college operations shall be transferred to the state board of re-
gents on July 1, 1999.

      (h) On and after July 1, 1999, all books, records and papers of the
board of trustees of each community college shall be open and available,
at all reasonable times, to the state board of regents and its designated
officers, employees and agents.

      (i) Except as otherwise specifically provided in this act, the transfer
of supervision of the community colleges from the state board of edu-
cation to supervision and coordination by the state board of regents shall
not be construed in any manner so as to change or affect the operation,
management and control of any community college or to change or affect
any existing power, duty or function of a board of trustees with respect
to such operation, management and control.

      New Sec.  21. (a) On July 1, 1999, the technical colleges, area voca-
tional schools and area vocational-technical schools established and exist-
ing under the laws of this state shall be and hereby are transferred from
the supervision of the state board of education to supervision and coor-
dination by the state board of regents. The technical colleges, area vo-
cational schools and area vocational-technical schools shall continue to be
operated, managed and controlled by governing boards as provided for
in article 44 of chapter 72 of Kansas Statutes Annotated. The state board
of regents shall exercise such supervision and coordination of the opera-
tion, management and control of technical colleges, area vocational
schools and area vocational-technical schools as may be prescribed by law.

      (b) On July 1, 1999, all of the powers, duties, functions, records and
property of the state board of education relating to operations of technical
colleges, area vocational schools and area vocational-technical schools
shall be and are hereby transferred to and conferred and imposed upon
the state board of regents.

      (c) On and after July 1, 1999, the state board of regents shall be the
successor in every way to the powers, duties and functions of the state
board of education relating to operations of technical colleges, area vo-
cational schools and area vocational-technical schools in which the same
were vested prior to July 1, 1999. Every act performed by the state board
of regents shall be deemed to have the same force and effect as if per-
formed by the state board of education in which such functions were
vested prior to July 1, 1999.

      (d) On and after July 1, 1999, whenever the state board of education,
or words of like effect, is referred to or designated by a statute, contract
or other document relating to operations of technical colleges, area vo-
cational schools or area vocational-technical schools, such reference or
designation shall be deemed to apply to the state board of regents estab-
lished.

      (e) The state plan for vocational education, prepared and adopted by
the state board of education pursuant to the provisions of the K.S.A. 72-
4413, and amendments thereto, which is in existence on July 1, 1999,
shall continue to be effective and shall be deemed to be the duly adopted
state plan of the state board of regents until revised, amended, revoked
or nullified pursuant to law.

      (f) All rules and regulations, and all orders and directives of the state
board of education relating to operations of technical colleges, area vo-
cational schools and area vocational-technical schools which are in exis-
tence on July 1, 1999, shall continue to be effective and shall be deemed
to be the duly adopted rules and regulations or orders and directives of
the state board of regents until revised, amended, revoked or nullified
pursuant to law.

      (g) The unexpended balance of any appropriation for and any funds
available to the state board of education for purposes relating to opera-
tions of technical colleges, area vocational schools and area vocational-
technical schools shall be transferred to the state board of regents on July
1, 1999.

      (h) On and after July 1, 1999, all books, records and papers of the
governing boards of technical colleges, area vocational schools and area
vocational-technical schools shall be open and available, at all reasonable
times, to the state board of regents and its designated officers, employees
and agents.

      (i) Except as otherwise specifically provided in this act, the transfer
of supervision of the technical colleges, area vocational schools and area
vocational-technical schools from the state board of education to super-
vision and coordination by the state board of regents shall not be con-
strued in any manner so as to change or affect the operation, management
and control of any technical college, area vocational school or area voca-
tional-technical school or to change or affect any existing power, duty or
function of the governing board of any technical college, area vocational
school or area vocational-technical school with respect to such operation,
management and control.

      (j) For the purposes of the school district finance and quality per-
formance act, the term approved vocational education program means in
the case of vocational education programs offered and provided in the
area vocational schools, the area vocational-technical schools, and the
technical colleges, the state board of regents; and in the case of vocational
education programs offered and provided in the high schools of a school
district, the state board of education.

      New Sec.  22. (a) On July 1, 1999, the proprietary schools shall be
and hereby are transferred from regulation by the state board of educa-
tion to regulation by the state board of regents. The state board of regents
shall exercise such regulatory authority over the operation of proprietary
schools as may be prescribed by law.

      (b) On July 1, 1999, all of the powers, duties, functions, records and
property of the state board of education relating to regulation of propri-
etary school operations shall be and are hereby transferred to and con-
ferred and imposed upon the state board of regents.

      (c) On and after July 1, 1999, the state board of regents shall be the
successor in every way to the powers, duties and functions of the state
board of education relating to regulation of proprietary school operations
in which the same were vested prior to the effective date of this act. Every
act performed by the state board of regents shall be deemed to have the
same force and effect as if performed by the state board of education in
which such functions were vested prior to July 1, 1999.

      (d) On and after July 1, 1999, whenever the state board of education,
or words of like effect, is referred to or designated by a statute, contract
or other document relating to regulation of proprietary school operations,
such reference or designation shall be deemed to apply to the state board
of regents.

      (e) All rules and regulations, and all policies, orders and directives of
the state board of education relating to proprietary school operations
which are in existence on July 1, 1999, shall continue to be effective and
shall be deemed to be the duly adopted rules and regulations or policies,
orders and directives of the state board of regents until revised, amended,
revoked or nullified pursuant to law.

      (f) The unexpended balance of any appropriation for and any funds
available to the state board of education for purposes relating to regula-
tion of proprietary school operations shall be transferred to the state
board of regents on July 1, 1999.

      (g) Except as otherwise specifically provided in this act, the transfer
of regulation of the proprietary schools from the state board of education
to regulation by the state board of regents shall not be construed in any
manner so as to change or affect the operation of any proprietary school
or to change or affect any existing power, duty or function of any owner,
officer, director, agent or representative of a proprietary school.

      New Sec.  23. (a) On July 1, 1999, the responsibility for administra-
tion of adult basic education programs and adult supplementary education
programs and for supervision of the administration of such programs by
boards of education of school districts and boards of trustees of com-
munity colleges shall be and hereby is transferred from the state board
of education to the state board of regents. Adult education programs shall
continue to be conducted, maintained and administered by boards of
education of school districts and boards of trustees of community colleges.
The state board of regents shall exercise such administrative and super-
visory authority over the conduct, maintenance and administration of
adult education programs as may be prescribed by law.

      (b) On July 1, 1999, all of the powers, duties, functions, records and
property of the state board of education relating to administration and
supervision of adult education programs shall be and are hereby trans-
ferred to and conferred and imposed upon the state board of regents.

      (c) On and after July 1, 1999, the state board of regents shall be the
successor in every way to the powers, duties and functions of the state
board of education relating to administration and supervision of adult
education programs in which the same were vested prior to the effective
date of this act. Every act performed by the state board of regents shall
be deemed to have the same force and effect as if performed by the state
board of education in which such functions were vested prior to July 1,
1999.

      (d) On and after July 1, 1999, whenever the state board of education,
or words of like effect, is referred to or designated by a statute, contract
or other document relating to administration and supervision of adult
education programs, such reference or designation shall be deemed to
apply to the state board of regents.

      (e) The state plan for adult basic education, prepared and adopted
by the state board of education pursuant to the provisions of the adult
education act, which is in existence on July 1, 1999, shall continue to be
effective and shall be deemed to be the duly adopted state plan of the
state board of regents until revised, amended, revoked or nullified pur-
suant to law.

      (f) All rules and regulations, and all orders and directives of the state
board of education relating to administration and supervision of adult
education programs which are in existence on July 1, 1999, shall continue
to be effective and shall be deemed to be the duly adopted rules and
regulations or orders and directives of the state board of regents until
revised, amended, revoked or nullified pursuant to law.

      (g) The unexpended balance of any appropriation for and any state
and federal funds available to the state board of education for purposes
relating to administration and supervision of adult education programs
shall be transferred to the state board of regents on July 1, 1999.

      (h) Except as otherwise specifically provided in this act, the transfer
of responsibility for the administration of adult education programs and
for supervision of the administration of adult education programs by
boards of education and boards of trustees from the state board of edu-
cation to administration and supervision by the state board of regents
shall not be construed in any manner so as to change or affect the conduct,
maintenance and administration of adult education programs.

      New Sec.  24. During the period of transition from general supervi-
sion by the state board of education of the community colleges, technical
colleges, area vocational schools and area vocational-technical schools to
supervision and coordination thereof by the state board of regents, from
jurisdiction of the abolished state board of regents over the public uni-
versities to jurisdiction of the state board of regents established by section
3, and amendments thereto, and from regulation by the state board of
education of the proprietary schools to regulation thereof by the state
board of regents, the state board of education and the abolished state
board of regents shall provide such assistance as the state board of regents
established by section 3, and amendments thereto, may request in order
to enable such state board of regents to assume in an orderly manner the
exercise of powers and the performance of duties and functions trans-
ferred under authority of this act. During such period of transition, the
state board of regents established by section 3, and amendments thereto,
may exercise such powers and perform such duties and functions relating
to the control or supervision of postsecondary educational institutions as
may be authorized by interagency agreements entered into with the abol-
ished state board of regents or with the state board of education.

      New Sec.  25. The legislative educational planning committee shall:

      (a) Monitor implementation and operation of the Kansas higher ed-
ucation coordination act;

      (b) evaluate the effect of the act on the postsecondary education sys-
tem of the state;

      (c) determine whether operation of the act is successfully effectuating
the purpose of the act;

      (d) review and evaluate the comprehensive plan, and any amend-
ments, revisions and modifications thereof, for coordination of higher
education within the state; and

      (e) make an annual report, together with any recommendations or
any legislation relating to higher education coordination or to amend-
ment, revision or modification of the act, to the legislature and the gov-
ernor.

      Sec.  26. On July 1, 1999, K.S.A. 1998 Supp. 71-201 shall be and is
hereby amended to read as follows: 71-201. (a) The board of trustees, in
accordance with the provisions of law and the rules and regulations of
the state board of education regents, shall have custody of and be re-
sponsible for the property of the community college and shall be respon-
sible for the operation, management and control of the college. The board
of trustees shall hold at least one regular meeting each month at a time
prescribed by the board. The board shall make an annual report in the
manner prescribed by the state board of education regents. Members of
the board of trustees shall be paid subsistence allowances, mileage and
other actual and necessary expenses incurred in the performance of their
official duties.

      (b) For effectuation of the purposes of this act, the board of trustees
in addition to such other powers expressly granted to it by law and subject
to the rules and regulations of the state board of education regents is
hereby granted the following powers:

      (1) To select its own chairperson and such other officers as it may
deem desirable, from among its own membership. The secretary may be
chief administrative officer of the college.

      (2) To sue and be sued.

      (3) To determine the educational program of the college subject to
prior approval thereof as provided in this act and to grant certificates of
completion of courses or curriculum.

      (4) To appoint and fix the compensation and term of office of a pres-
ident or chief administrative officer of the college.

      (5) To appoint upon nomination of the president or the chief admin-
istrative officer members of the administrative and teaching staffs, to fix
and determine within state adopted standards their specifications, define
their duties, and to fix their compensation and terms of employment. No
community college teacher shall be required to meet certification
requirements greater than those required in the state universities under
the control and supervision of the state board of regents educational in-
stitutions.

      (6) Upon recommendation of the chief administrative officer, to ap-
point or employ such other officers of the college, agents and employees
as may be required to carry out the provisions of law and to fix and
determine within state adopted standards their qualifications, duties,
compensation, terms of office or employment and all other items and
conditions of employment.

      (7) To enter into contracts.

      (8) To accept from any government or governmental agency, or from
any other public or private body, or from any other source, grants or
contributions of money or property which the board may use for or in
aid of any of its purposes.

      (9) To acquire by gift, purchase, lease-purchase, condemnation or
otherwise, and to own, lease, use and operate property, whether real,
personal, or mixed, or any interest therein, which is necessary or desirable
for community college purposes. Any lease-purchase agreement entered
into under authority of this subsection shall be subject to the conditions
set forth in K.S.A. 10-1116c, and amendments thereto. The term of any
lease entered into under authority of this subsection may be for not to
exceed 10 years. Such lease may provide for annual or other payment of
rent or rental fees and may obligate the community college to payment
of maintenance or other expenses. Any lease or lease-purchase agreement
entered into under authority of this subsection shall be subject to change
or termination at any time by the legislature. Any assignment of rights in
any lease or lease-purchase made under this subsection shall contain a
citation of this section and a recitation that the lease or lease-purchase
agreement and assignment thereof are subject to change or termination
by the legislature. To the extent that the provisions of the cash-basis and
budget laws conflict with this subsection in such a manner as to prevent
the intention of this subsection from being made effective, the provisions
of this subsection shall control. This provision is subject to the provisions
of subsection (d).

      (10) To enter into lease agreements as lessor of any property, whether
real, personal, or mixed, which is owned or controlled by the community
college. Any such agreement may specify the purposes for which the
property may be used, require that the property be maintained and op-
erated by the lessee, and may contain such restrictions or limitations on
the use of the property, be entered into for such period of time, and
include such other terms and conditions as the board of trustees deter-
mines to be necessary and proper. Every such agreement shall be subject
to change or termination at any time by the legislature. Any assignment
of rights under any such agreement shall be subject to approval by the
board of trustees and shall contain a citation of this section and a recitation
that the lease agreement and assignment of rights thereunder are subject
to change or termination by the legislature.

      (11) To determine that any property owned by the college is no
longer necessary for college purposes and to dispose of the same in such
manner and upon such terms and conditions as provided by law.

      (12) To exercise the right of eminent domain, pursuant to chapter 26
of Kansas Statutes Annotated.

      (13) To make and promulgate such rules and regulations, not incon-
sistent with the provisions of law or with rules and regulations of the state
board of education regents, that are necessary and proper for the admin-
istration and operation of the community college, and for the conduct of
the business of the board of trustees.

      (14) To exercise all other powers not inconsistent with the provisions
of law or with the rules and regulations of the state board of education
regents which may be reasonably necessary or incidental to the establish-
ment, maintenance and operation of a community college.

      (15) To appoint a member to fill any vacancy on the board of trustees
for the balance of the unexpired term. When a vacancy occurs, the board
shall publish a notice one time in a newspaper having general circulation
in the community college district stating that the vacancy has occurred
and that it will be filled by appointment by the board not sooner than 15
days after such publication.

      (16) To contract with one or more agencies, either public or private,
whether located within or outside the community college district or
whether located within or outside the state of Kansas for the conduct by
any such agencies of academic or vocational education for students of the
community college, and to provide for the payment to any such agencies
for their contracted educational services from any funds or moneys of the
community college, including funds or moneys received from student
tuition, out-district tuition, and fees, funds received from the state of
Kansas or the United States for academic or vocational education, or taxes
collected under K.S.A. 71-204 and 72-4424, and amendments thereto.
Any contract made under this subsection with an institution of another
state shall be subject to the provisions of K.S.A. 71-202, and amendments
thereto.

      (17) To authorize by resolution the establishment of a petty cash fund
in an amount not to exceed $1,000, and to designate in such resolution
an employee to maintain such petty cash fund. The employee designated
in any resolution provided for in this subsection receiving such funds shall
keep a record of all receipts and expenditures from the fund, and shall
from time to time, and at the end of the fiscal year, prepare a statement
for the board showing all receipts, expenditures, and the balance in the
petty cash fund. The board of trustees may authorize the employee des-
ignated to maintain any petty cash fund to make a claim for replenishment
of the fund to its original amount in advance of approval by the board of
trustees if, at any time during the period between regular monthly meet-
ings of the board of trustees, the balance remaining in the fund is insuf-
ficient to make needed expenditures for any purpose for which the petty
cash fund is maintained. No petty cash fund may be replenished more
than one time during each period between regular monthly meetings of
the board of trustees. If a petty cash fund is replenished prior to the end
of the fiscal year in accordance with the foregoing authorization, the em-
ployee authorized to maintain the petty cash fund shall keep an accurate
record of all expenditures made therefrom, and the purpose therefor, and
shall submit the record to the board of trustees at the next regular
monthly meeting thereof. The petty cash fund shall be replenished by
payment from the appropriate funds of the community college to the
petty cash fund upon proper claim. The fund shall be kept separate from
all other funds and shall be used only for authorized expenditures and
itemized receipts shall be taken for each expenditure. No part of such
fund may be loaned or advanced against the salary of an employee. All
employees entrusted with such funds under this subsection shall be
bonded by the community college district.

      (c) Subject to the provisions of subsection (d), the board of trustees
may purchase or otherwise acquire land or land and improvements and
may acquire, construct, reconstruct, repair or remodel improvements
thereon or additions thereto, including furnishings, equipment, and ar-
chitectural and incidental expense related thereto, and for such purposes
the board of trustees is authorized to issue and sell general obligation
bonds, the cumulative total not to exceed the following amounts: Where
the community college district has a taxable tangible valuation of less than
$90,000,000 or is located in a county designated as urban under the pro-
visions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of
the taxable tangible property of the community college district, and where
the community college district has a taxable tangible valuation of more
than $90,000,000 not to exceed 3% except as provided above for any
community college district located in a county designated as urban under
the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable
tangible property of the community college district. If any increase in the
valuation of a community college district results in an outstanding bonded
indebtedness in excess of that provided in this subsection, such increase
shall not constitute a violation of this subsection. No such bonds shall be
issued until the question of their issuance shall have been submitted to a
vote of the electors of the community college district at a regular election
or at a special election called for that purpose and the majority of the
electors voting on the proposition in such community college district shall
have voted in favor of the issuance of the bonds. Such election shall be
called, noticed and held and the bonds issued, sold, delivered and retired
in accordance with the provisions of the general bond law except as herein
otherwise expressly provided.

      (d) The board of trustees of a community college may not purchase
or otherwise acquire land or land and improvements outside the com-
munity college district. Nothing in this subsection shall be construed or
operate in any manner to require a board of trustees to sell, convey or
otherwise dispose of land or land and improvements located outside the
community college district and owned or being acquired by the com-
munity college on the effective date of this act, but no board of trustees
may enter into a contract for the construction of improvements on any
such land after the effective date of this act.

      Sec.  27. On July 1, 1999, K.S.A. 71-204 shall be and is hereby
amended to read as follows: 71-204. (a) For all the purpose of community
college maintenance and operation purposes, the board of trustees is au-
thorized to levy a tax on the taxable tangible property of the community
college district.

      Such tax levy shall be the amount determined by the board of trustees
to be sufficient to finance that part of the budget of the community col-
lege which is not financed by either (a) anticipated state aid of any type,
(b) anticipated student tuition, or (c) anticipated out-district tuition, or
(d) anticipated federal aid of any type from any other source provided by
law. The budget of the community college shall be prepared and adopted
as provided by law, and the tax levy therefor shall be certified to the
county clerk of every county a part of the territory of which is in the
community college district.

      (b) The tax levy authorized by subsection (a) shall be reduced (1) in
the 2001 fiscal year by an amount equal to 80% of the amount of the
difference between the amount of state aid received by the community
college in the 2000 fiscal year less an amount equal to 25% of the amount
of out-district tuition received by the community college in such fiscal
year and the amount of the state grant to which the community college is
entitled in the 2001 fiscal year and (2) in fiscal years 2002, 2003 and 2004
by an amount equal to 80% of the amount of the difference between the
amount of the state grant received by the community college in the pre-
ceding fiscal year less an amount equal to 25% of the amount of out-
district tuition received by the community college in the 2000 fiscal year
and the amount of the state grant to which the community college is
entitled in the current fiscal year and (3) in each fiscal year after the 2004
fiscal year by an amount equal to 80% of the amount of the difference
between the amount of the state grant received by the community college
in the preceding fiscal year and the amount of the state grant to which
the community college is entitled in the current fiscal year.

      Sec.  28. On July 1, 1999, K.S.A. 1998 Supp. 71-301 shall be and is
hereby amended to read as follows: 71-301. (a) The board of trustees shall
charge to and collect from each student tuition at rates per credit hour
enrolled which shall be established by the board of trustees.

      (b) The board of trustees, in accordance with rules and regulations
of the state board, shall determine an amount of out-district tuition to be
charged for each out-district student attending the community college.
The board of county commissioners of any county charged with payment
of out-district tuition shall levy a tax on all of the taxable property of the
county sufficient to pay all out-district tuition charges authorized by this
act. The proceeds from the tax levied under authority of this section shall
be deposited in a special fund for payment of out-district tuition. Upon
receiving a statement of charges for out-district tuition, the board of
county commissioners shall allow and pay the same from the special fund
within 45 days from the receipt of such statement. If there is insufficient
or no money in the special fund, out-district tuition shall be paid from
the county general fund or from the proceeds of the sale of no-fund
warrants issued for the purpose of the payment of out-district tuition. If
the board of county commissioners fails to pay such amount at the time
required under this subsection, the board of trustees shall notify the state
board of such failure to pay and shall certify to the state board the amount
to be paid. Upon receipt by the state board of such notification, the
amount to be paid as certified to the state board shall become an amount
due and owing to the state board. The state board shall notify the board
of county commissioners that this amount is now due and owing to the
state board. If the board of county commissioners fails to pay such amount
to the state board within 14 days of the receipt of such notification, the
state board shall initiate proceedings under K.S.A. 75-6201 et seq. for the
collection of such money. Money paid to or collected by the state board
under this subsection shall be deposited in the out-district tuition sus-
pense account which is hereby created in the state treasury. The state
board shall pay moneys from this account, in accordance with rules and
regulations of the state board, to the community colleges entitled to re-
ceive such money.
      (c) The total out-district tuition charged by a community college shall
be an amount equal to the number of duly enrolled out-district students
times $24 for each credit hour of each such student.
      (d)  (1) Out-district tuition shall only be charged for credit hours of
out-district students if such students, as determined by the state board,
have not more than 64 credit hours from any institution of postsecondary
education or the students have not more than 72 credit hours and are
enrolled in terminal type nursing courses or freshman-sophomore level
preengineering courses.
      (2) The credit hour limitations prescribed by provision (1) of this
subsection do not apply to credit hours of out-district students if such
students, as determined by the state board, are enrolled in an approved
vocational education program at a community college for the purpose of
receiving vocational or technical training or retraining in preparation for
gainful employment.
      (3) The provisions of this subsection shall expire on June 30, 1999.
      (e) In May of each fiscal year, the board of trustees shall notify the
board of county commissioners of the approximate amount of out-district
tuition which will be charged to the county in the succeeding fiscal year.
      (f) Expenditures for out-district tuition shall be exempt from the
budget law of this state to the extent of such payments not anticipated in
the budget of the county.

      New Sec.  29. (a) The board of trustees, in accordance with rules and
regulations of the state board, shall determine an amount of out-district
tuition to be charged for each out-district student attending the com-
munity college. The board of county commissioners of any county charged
with payment of out-district tuition shall levy a tax on all of the taxable
property of the county sufficient to pay all out-district tuition charges
authorized by this act. The proceeds from the tax levied under authority
of this section shall be deposited in a special fund for payment of out-
district tuition. Upon receiving a statement of charges for out-district
tuition, the board of county commissioners shall allow and pay the same
from the special fund within 45 days from the receipt of such statement.
If there is insufficient or no money in the special fund, out-district tuition
shall be paid from the county general fund or from the proceeds of the
sale of no-fund warrants issued for the purpose of the payment of out-
district tuition. If the board of county commissioners fails to pay such
amount at the time required under this subsection, the board of trustees
shall notify the state board of such failure to pay and shall certify to the
state board the amount to be paid. Upon receipt by the state board of
such notification, the amount to be paid as certified to the state board
shall become an amount due and owing to the state board. The state
board shall notify the board of county commissioners that this amount is
now due and owing to the state board. If the board of county commis-
sioners fails to pay such amount to the state board within 14 days of the
receipt of such notification, the state board shall initiate proceedings un-
der K.S.A. 75-6201 et seq. for the collection of such money. Money paid
to or collected by the state board under this subsection shall be deposited
in the out-district tuition suspense account which is hereby created in the
state treasury. The state board shall pay moneys from this account, in
accordance with rules and regulations of the state board, to the com-
munity colleges entitled to receive such money.

      (b) The total out-district tuition charged by a community college shall
be: (1) For the 2000 fiscal year, an amount equal to the number of duly
enrolled out-district students times $24 for each credit hour of each such
student; (2) for the 2001 fiscal year, an amount equal to the number of
duly enrolled out-district students times $18 for each credit hour of each
such student; (3) for the 2002 fiscal year, an amount equal to the number
of duly enrolled out-district students times $12 for each credit hour of
each such student; and (4) for the 2003 fiscal year, an amount equal to
the number of duly enrolled out-district students times $6 for each credit
hour of each such student.

      (c) In May of each fiscal year, the board of trustees shall notify the
board of county commissioners of the approximate amount of out-district
tuition which will be charged to the county in the succeeding fiscal year.

      (d) Expenditures for out-district tuition shall be exempt from the
budget law of this state to the extent of such payments not anticipated in
the budget of the county.

      (e) The provisions of this section shall take effect and be in force on
July 1, 1999, and shall expire on June 30, 2003.

      Sec.  30. On July 1, 1999, K.S.A. 71-304 shall be and is hereby
amended to read as follows: 71-304. (a) Notwithstanding any provision
contained in chapter 71 of Kansas Statutes Annotated to the contrary,
and subject to the provisions of K.S.A. 71-305, and amendments thereto,
no out-district tuition shall be charged or paid for any student attending
a community college whose residence outside the community college dis-
trict is in another community college district.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  31. On July 1, 1999, K.S.A. 71-305 shall be and is hereby
amended to read as follows: 71-305. (a) The provisions of K.S.A. 71-304
shall, and amendments thereto, do not apply to any such out-district stu-
dent when the course of study or program which the student selects, or
a course of study or program which is substantially equivalent thereto, is
not offered in the community college of the district in which such student
resides.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  32. On July 1, 1999, K.S.A. 71-306 shall be and is hereby
amended to read as follows: 71-306. (a) The state board of education
regents shall adopt rules and regulations prescribing criteria or guidelines
for the purpose of determining which courses of study and programs
offered in the community colleges are substantially equivalent. A current,
complete list of such courses of study and programs shall be maintained
on file in the office of the state department of education board of regents,
and shall be open for public inspection at any reasonable time.

      (b) The provisions of this section shall expire on June 30, 2003.

      New Sec.  33. (a) No out-district tuition charges shall be based upon
credit hours in any subject or course the principal part of which is taught
at a location outside the county of the main campus of a community
college, unless the location of such subject or course is specifically au-
thorized by the state board of regents.

      (b)  (1) No out-district tuition charges shall be based upon credit
hours in any subject or course which is taught in a county in which the
main campus of a state educational institution is located, unless the teach-
ing of such subject or course is specifically authorized by the chief ex-
ecutive officer of the state educational institution or by a designee of the
chief executive officer. The chief executive officer of each state educa-
tional institution may designate and authorize a person or committee to
act on behalf of the chief executive officer in granting the authorizations
required by this subsection. No authorization required by this subsection
shall be considered to be or construed in any manner as an agreement
provided for by subsection (c).

      (2) For the purposes of this subsection, the term ``main campus of a
state educational institution'' as applied to Kansas state university of ag-
riculture and applied science means and includes the campus of the uni-
versity located in Riley county and the campus of the university's college
of technology located in Saline county.

      (3) The provisions of this subsection are subject to the provisions of
subsection (c).

      (c) No out-district tuition charges shall be based upon credit hours
in any subject or course all or the principal part of which is taught at Fort
Hays state university or at Wichita state university under an agreement
for the teaching of such subject or course entered into by a community
college and either such university. An agreement entered into under the
provisions of this subsection for the teaching of a subject or course by a
community college at Fort Hays state university or at Wichita state uni-
versity shall constitute the authorization required by subsection (b) for
the teaching of such subject or course, and no separate authorization
under subsection (b) shall be required.

      (d) No out-district tuition charges shall be based upon any course or
program if such course or program is taught in an area vocational school,
an area vocational-technical school, or a technical college under an agree-
ment with a community college and for which payments of state or federal
moneys are made to the area vocational school, the area vocational-tech-
nical school, or the technical college under the provisions of article 44 of
chapter 72 of Kansas Statutes Annotated.

      (e) No out-district tuition charges shall be based upon any motorcycle
driver safety course conducted by a community college.

      (f) The provisions of this section shall take effect and be in force on
July 1, 1999, and shall expire on June 30, 2003.

      Sec.  34. On July 1, 1999, K.S.A. 1998 Supp. 71-401 shall be and is
hereby amended to read as follows: 71-401. (a) Persons enrolling in a
community college who, if adults, have not been, or if minors, whose
parents have not been residents of the county in which is located the
principal campus of the community college for at least six months prior
to enrollment for any term or session are nonresidents of the community
college district for the purpose of determining liability of counties for
payment of out-district tuition.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  35. On July 1, 1999, K.S.A. 71-402 shall be and is hereby
amended to read as follows: 71-402. (a) For the purpose of determining
the county of residence of persons, residence of minors shall be deter-
mined as provided in K.S.A. 72-1046 and acts amendatory thereof amend-
ments thereto and of adults as provided in subpart Twenty-third of K.S.A.
77-201 and acts amendatory thereof amendments thereto.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  36. On July 1, 1999, K.S.A. 71-403 shall be and is hereby
amended to read as follows: 71-403. (a) The state board of education
regents may adopt rules and regulations prescribing criteria or guidelines
for determination of residence of students for the purpose of determining
liability of counties for out-district tuition of students in community col-
leges and out-district state aid entitlements. The state board may make
conclusive determination of any residence matter for the purpose of de-
termination of out-district tuition and out-district state aid entitlement.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  37. On July 1, 1999, K.S.A. 1998 Supp. 71-406 shall be and is
hereby amended to read as follows: 71-406. (a) Subject to the provisions
of K.S.A. 1998 Supp. 71-407, and amendments thereto, persons enrolling
in a community college who, if adults, have not been, or if minors, whose
parents have not been residents of the state of Kansas for at least six
months prior to enrollment for any term or session are nonresidents of
the state for the purpose of determining state aid entitlements.

      (b) For the purpose of determining the residence of persons enrolling
as a student in a community college, residence of minors shall be deter-
mined as provided in K.S.A. 72-1046, and amendments thereto, and of
adults as provided in subpart Twenty-third of K.S.A. 77-201, and amend-
ments thereto. The state board of education regents may adopt rules and
regulations governing the determination of residence of students.

      Sec.  38. On July 1, 1999, K.S.A. 1998 Supp. 71-407 shall be and is
hereby amended to read as follows: 71-407. (a) The following persons, or
any class or classes thereof, and their spouses and dependents, may be
considered residents of the state of Kansas by the state board for the
purpose of determining state aid entitlements of community colleges in
the 1997 fiscal year and in fiscal years thereafter: (1) Persons who are in
active military service of the United States; (2) persons who are domicil-
iary residents of the state, who were in active military service prior to
becoming domiciliary residents of the state, who were present in the state
for a period of not less than two years during their tenure in active military
service, whose domiciliary residence was established in the state within
30 days of discharge or retirement from active military service under
honorable conditions, but whose domiciliary residence was not timely
enough established to meet the residence duration requirement of K.S.A.
71-406, and amendments thereto; (3) persons who are employees of a
community college; (4) persons having special domestic relations circum-
stances; (5) persons who have lost their resident status within six months
of enrollment; (6) persons who are not domiciliary residents of the state,
who have graduated from a high school accredited by the state board of
education within six months of enrollment at a community college, who
were domiciliary residents of the state at the time of graduation from high
school or within 12 months prior to graduation from high school, and who
are entitled to admission at a state educational institution pursuant to
K.S.A. 72-116, and amendments thereto; and (7) persons who are dom-
iciliary residents of the state, whose domiciliary residence was established
in the state for the purpose of accepting, upon recruitment by an em-
ployer, or retaining, upon transfer required by an employer, a position of
full-time employment at a place of employment in Kansas, but the dom-
iciliary residence of whom was not timely enough established to meet the
residence duration requirement of K.S.A. 71-406, and amendments
thereto.

      (b) As used in this section:

      (1) ``Domiciliary resident'' means a person who has present and fixed
residence in Kansas where the person intends to remain for an indefinite
period and to which the person intends to return following absence.

      (2) ``Full-time employment'' means employment requiring at least
1,500 hours of work per year.

      (c) The state board shall prescribe criteria and guidelines for deter-
mination of the eligibility of persons specified in subsection (a) to be
considered residents of the state and shall specify the evidence necessary
to be submitted by such persons as proof of eligibility. Evidence submit-
ted by a person as proof of eligibility claimed under subsection (a)(7)
must include, but not by way of limitation, certification of the claim by
the employer of the person.

      Sec.  39. On July 1, 1999, K.S.A. 71-601, as amended by section 1 of
1999 House Bill No. 2060, shall be and is hereby amended to read as
follows: 71-601. (a) ``Credit hour'' means the basic unit of collegiate level
instruction, as determined by the state board, in a subject or course of-
fered at a level not higher than those subjects or courses normally offered
to freshmen and sophomores in four-year institutions of postsecondary
education which subject or course is approved by the state board. Credit
hour does not include within its meaning instruction in a subject or course
taken by a student enrolled for audit or in any subject or course not
approved by the state board. The state board, in consultation with the
state board of regents, shall determine whether the subjects and courses
offered in the community colleges are at the level of freshmen and soph-
omore subjects and courses offered in the state educational institutions
and shall not approve any subject or course offered at a higher level.

      (b) ``Full-time equivalent enrollment'' or ``FTE enrollment'' means the
quotient obtained by dividing by 30 the total credit hour enrollment in a
fiscal year of students of a community college who are residents of the
state of Kansas, or are considered residents of the state of Kansas pursuant
to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto.
      (c) ``State grant'' means the operating grant provided for under sub-
section (a) of section 40, and amendments thereto, and if entitlement is
determined, the quality performance grant provided for under subsection
(b) of section 40, and amendments thereto.

      New Sec.  40. (a) In each fiscal year, commencing with the 2001 fiscal
year, each community college is entitled to an operating grant from the
state general fund in an amount to be determined by the state board. The
state board shall:

      (1) Determine the average amount of moneys from the state general
fund expended per FTE lower division undergraduate student in the
preceding fiscal year at the regional state educational institutions;

      (2)  (A) in the 2001 fiscal year, compute 50% of the amount deter-
mined under (1); (B) in the 2002 fiscal year, compute 55% of the amount
determined under (1); (C) in the 2003 fiscal year, compute 60% of the
amount determined under (1); in the 2004 fiscal year and in each fiscal
year thereafter, compute 65% of the amount determined under (1);

      (3) multiply the amount computed under (2) by the number of FTE
students of the community college. The product is the amount of the
operating grant the community college is entitled to receive for the fiscal
year.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each
community college is eligible to receive a quality performance grant from
the state general fund. If the state board determines that the community
college has demonstrated effectiveness in complying with its role and
mission statement and has met or exceeded the core indicators of quality
performance for community colleges identified and approved by the state
board, the community college shall receive a quality performance grant
in an amount which shall be determined by the state board by computing
2% of the amount of the operating grant the community college received
in the preceding fiscal year. The computed amount is the amount of the
quality performance grant the community college shall receive for the
fiscal year.

      (c) For the purposes of this section, the FTE enrollment of the com-
munity college shall be based on: (1) Enrollment of students who are
residents of the state of Kansas, or are considered residents of the state
of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and
amendments thereto; and (2) the greater of FTE enrollment of the com-
munity college in the current fiscal year or FTE enrollment in the pre-
ceding fiscal year.

      (d) As used in this section, the term regional state educational insti-
tutions means Emporia state university, Fort Hays state university and
Pittsburg state university and the term lower division undergraduate stu-
dent means a freshman or sophomore.

      New Sec.  41. (a) In the 2001 fiscal year, each community college is
eligible for entitlement to a transitional state grant. Entitlement of a com-
munity college to a transitional state grant shall be determined by the
state board as provided in this subsection. The state board shall:

      (1) Determine the amount of credit hour state aid, out-district state
aid and general state aid received by the community college in the 2000
fiscal year;

      (2) determine the amount of the operating grant the community col-
lege is entitled to receive for the 2001 fiscal year. If the amount deter-
mined under (2) is greater than the amount determined under (1), the
eligibility of the community college to a transitional state grant shall lapse.
If the amount determined under (1) is greater than the amount deter-
mined under (2), the community college is entitled to a transitional state
grant in an amount which shall be determined by the state board by
subtracting the amount determined under (2) from the amount deter-
mined under (1). The difference is the amount of the transitional state
grant the community college is entitled to receive for the 2001 fiscal year.

      (b) The distribution of the appropriation for transitional state grants
shall be made at a time to be determined by the state board. The state
board shall certify to the director of accounts and reports the amount due
to each community college entitled to a transitional state grant, and the
director of accounts and reports shall draw a warrant upon the state trea-
surer in favor of the community college for such amount. Upon receipt
of the warrant, the treasurer of the community college shall credit the
amount of the warrant to the general fund of the community college.

      (c) The provisions of this section shall expire on June 30, 2001.

      Sec.  42. On July 1, 1999, K.S.A. 71-604 shall be and is hereby
amended to read as follows: 71-604. (a) From the reports and information
submitted under K.S.A. 71-603, and amendments thereto, and from other
information available to it, the state board shall determine the amount
the community college is entitled to receive as provided in K.S.A. 71-602
and 71-607 and K.S.A. 71-619, and amendments to such sections.
      (b) If the amount of any appropriation for credit hour state aid shall
be entitlements is insufficient to pay in full the amount each community
college is entitled to receive for credit hour state aid, then, the amount
so appropriated shall be prorated among all community colleges in pro-
portion to the amount each is entitled to receive. If the amount of any
appropriation for out-district state aid shall be insufficient to pay in full
the amount each community college is entitled to receive for out-district
state aid, then the amount so appropriated shall be prorated among all
community colleges in proportion to the amount each is entitled to re-
ceive.

      (c) The state board may audit the records of any community college
applying for a part of any money appropriated for state aid, to verify the
accuracy of the reports submitted by the community college. The state
board may adopt rules and regulations for the administration of this act
and acts amendatory thereof.
      (d) In the event (b) If any community college is paid more than the
amount it is entitled to receive under any distribution made under this
act or acts amendatory thereof, the state board shall notify the community
college of the amount of the overpayment and the community college
shall remit the same to the state board and it the state board shall deposit
the same in the state treasury to the credit of the general fund, and if any
such community college fails so to remit, the state board shall deduct the
excess amount so paid from future payments becoming due to such com-
munity college.

      (e) In the event (c) If any community college is paid less than the
amount to which it is entitled under any distribution made under this act
and acts amendatory thereof to receive, the state board shall pay the
additional amount due at any time within the fiscal year in which the
underpayment was made or within 60 days after the end of such fiscal
year.

      Sec.  43. On July 1, 2000, K.S.A. 71-605 shall be and is hereby
amended to read as follows: 71-605. (a) The distribution of the appro-
priation for credit hour state aid and out-district state aid shall be made
three times each school year as follows: The first payment shall be made
on October 1 and shall be in an amount equal to 50% of the preceding
school year's credit hour state aid entitlement of the community college.
Subject to the provisions of subsection (c), The second payment shall be
made on December 1 and shall be in an amount which is equal to the
balance of the summer and fall sessions' total credit hour state aid enti-
tlement and the full amount of the summer and fall sessions' out-district
state aid entitlement, with adjustment for any overpayment or underpay-
ment resulting from computation of the first payment. The third payment
shall be made on April 1 and shall be the full amount of the spring ses-
sion's credit hour state aid entitlement and the spring session's out-district
state aid entitlement, with adjustment for any underpayments or over-
payments theretofore occurring. The state board shall certify, on or be-
fore November 25 and March 25 of each year, to the director of accounts
and reports the amount due to each community college from such ap-
propriation on the first day of December, or for the December 1, 1987,
payment on the date specified in subsection (c) or on the first day of
April, as the case may be, and the director of accounts and reports shall
draw a warrant upon the state treasurer in favor of the community college
for such amount. Upon receipt of the warrant, the treasurer of the com-
munity college shall credit the same to the general fund of the community
college.
      (b) The distribution of the appropriation for general state aid shall
be made at a time to be determined by the state board. The state board
shall certify to the director of accounts and reports the amount due to
each community college from such appropriation, and the director of
accounts and reports shall draw a warrant upon the state treasurer in
favor of the community college for such amount. Upon receipt of the
warrant, the treasurer of the community college shall credit the same to
the general fund of the community college.
      (c) The credit hour state aid and out-district state aid to be paid De-
cember 1, 1987, shall be deferred and shall be paid January 4, 1988 state
grants shall be made in substantially equal payments on August 1 and
January 1 of each fiscal year, or as soon thereafter as possible. The state
board shall certify, on or before July 20 and December 20 of each fiscal
year, to the director of accounts and reports the amount due on August
1 or on January 1, as the case may be, to each community college entitled
to a state grant from such appropriation, and the director of accounts and
reports shall draw a warrant upon the state treasurer in favor of the
community college for such amount. Upon receipt of the warrant, the
treasurer of the community college shall credit the amount of the warrant
to the general fund of the community college.

      Sec.  44. On July 1, 1999, K.S.A. 1998 Supp. 71-609 shall be and is
hereby amended to read as follows: 71-609. (a) No out-district tuition
charges, no out-district state aid entitlement, no credit-hour state aid
entitlement, and no general amount of a state aid entitlement shall be
based upon credit hours enrollment in any subject or course the principal
part of which is taught at a location outside the county of the main campus
of the community college, unless the location of such subject or course
is specifically authorized by the state board of education regents.

      (b)  (1) No out-district tuition charges and no out-district amount of
a state aid entitlement shall be based upon credit hours enrollment in any
subject or course which is taught in a county in which the main campus
of a state educational institution is located, unless the teaching of such
subject or course is specifically authorized by the chief executive officer
of the state educational institution or by a designee of the chief executive
officer. The chief executive officer of each state educational institution
may designate and authorize a person or committee to act on behalf of
the chief executive officer in granting the authorizations required by this
subsection. No authorization required by this subsection shall be consid-
ered to be or construed in any manner as an agreement provided for by
subsection (c).

      (2) For the purposes of this subsection, the term ``main campus of a
state educational institution'' as applied to Kansas state university of ag-
riculture and applied science means and includes the campus of the uni-
versity located in Riley county and the campus of the university's college
of technology located in Saline county.

      (3) The provisions of this subsection are subject to the provisions of
subsection (c).
      (c)  (1) No out-district tuition charges shall be based upon credit
hours in any subject or course all or the principal part of which is taught
at Fort Hays state university or at Wichita state university under an agree-
ment for the teaching of such subject or course entered into by a com-
munity college and either such university. An agreement entered into
under the provisions of this subsection for the teaching of a subject or
course by a community college at Fort Hays state university or at Wichita
state university shall constitute the authorization required by subsection
(b) for the teaching of such subject or course, and no separate authori-
zation under subsection (b) shall be required.
      (2) The provisions of this subsection shall expire on June 30, 2000,
unless amended by act of the legislature prior to such date.

      Sec.  45. On July 1, 1999, K.S.A. 71-609a shall be and is hereby
amended to read as follows: 71-609a. No out-district state aid entitlement,
no credit-hour state aid entitlement, and no general amount of the state
aid entitlement of a community college shall be based upon any course
or program if such course or program is taught in an area vocational school
or, an area vocational-technical school, or a technical college under an
agreement with such community college and for which payments of state
or federal moneys are made to the area vocational school or, the area
vocational-technical school, or the technical college under the provisions
of article 44 of chapter 72 of Kansas Statutes Annotated, and no such
course or program shall be counted in determining the number of credit
hours of out-district students for the purpose of computing the amount
of out-district tuition to be charged by a community college.

      Sec.  46. On July 1, 1999, K.S.A. 71-610 shall be and is hereby
amended to read as follows: 71-610. (a) Notwithstanding any provision
contained in chapter 71 of Kansas Statutes Annotated to the contrary,
whenever there are two community college districts located within one
county, no out-district tuition shall be charged for any student residing
in such county and attending either such community college. No out-
district state aid entitlement shall be based upon enrollment of any stu-
dent who resides in such a county and attends either community college
therein.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  47. On July 1, 1999, K.S.A. 1998 Supp. 71-611 shall be and is
hereby amended to read as follows: 71-611. (a) ``Operating expenses''
means the total expenditures and lawful transfers from the general fund
of a community college during a school fiscal year for all purposes.

      (b) ``Legally adopted budget of operating expenses'' means the
amount legally authorized and budgeted for such operating expenses in
the budget general fund of a community college.

      (c) ``General fund'' means the fund of a community college from
which operating expenses are paid and, subject to the provisions of K.S.A.
71-613a, and amendments thereto, to which all amounts of credit hour
state aid, out-district state aid, general state aid entitlements, property
taxes for general purposes, out-district tuition, student tuition, and other
moneys provided for by law are credited.

      Sec.  48. On July 1, 1999, K.S.A. 71-613 shall be and is hereby
amended to read as follows: 71-613. (a) All moneys received by a com-
munity college for establishing, conducting, maintaining and administer-
ing any vocational education program authorized by under article 44 of
chapter 72 of Kansas Statutes Annotated shall be deposited in the voca-
tional education fund, unless required to be deposited in the general fund.
The expenses of a community college attributable to vocational education
shall be paid from the vocational education fund.

      (b) Community colleges shall maintain fund accounting procedures
as may be necessary to assure proper accounting for federal funds for
vocational education special projects, whether received directly from the
federal government or any of its agencies, or received through the state
or any of its agencies.

      Sec.  49. On July 1, 1999, K.S.A. 1998 Supp. 71-613a shall be and is
hereby amended to read as follows: 71-613a. All amounts of credit hour
state aid, out-district state aid, general state aid, out-district tuition, en-
titlements and student tuition received by a community college for any
program authorized by article 44 of chapter 72 of Kansas Statutes An-
notated may be deposited in the vocational education fund of the com-
munity college.

      Sec.  50. On July 1, 1999, K.S.A. 71-615 shall be is hereby amended
to read as follows: 71-615. In case If a community college expends in any
fiscal year an amount for operating expenses which exceeds its legally
adopted budget of operating expenses, the state board of education re-
gents shall determine the excess and deduct the same from amounts pay-
able to the community college during the next fiscal year.

      Sec.  51. On July 1, 1999, K.S.A. 71-801 shall be and is hereby
amended to read as follows: 71-801. (a) Community colleges are under
the supervision of the state board of education regents.

      (b) The state board of regents shall identify and approve core indi-
cators of quality performance for community colleges and shall establish
and implement a data management system that includes a process and
format for collecting, aggregating and reporting common and institution-
specific information documenting effectiveness of the colleges in meeting
the role and mission thereof.

      Sec.  52. On July 1, 1999, K.S.A. 71-1508 shall be and is hereby
amended to read as follows: 71-1508. (a) There is hereby established in
every community college conducting a motorcycle driver safety course a
fund which shall be called the ``motorcycle driver safety'' fund. The mo-
torcycle driver safety fund shall consist of all moneys deposited therein
or transferred thereto according to law. All moneys received by com-
munity colleges from distributions made from the motorcycle safety fund
and from tuition, fees or charges for motorcycle driver safety courses shall
be credited to the motorcycle driver safety fund. The expenses of com-
munity colleges directly attributable to motorcycle driver safety courses
shall be paid from the motorcycle driver safety fund.

      (b) No out-district tuition shall be charged or paid for any student on
the basis of enrollment in a motorcycle driver safety course and no out-
district state aid entitlement, credit hour state aid entitlement, or general
amount of the state aid entitlement of a community college shall be based
upon a motorcycle driver safety course conducted by the community col-
lege.

      Sec.  53. On July 1, 1999, K.S.A. 71-1702 shall be and is hereby
amended to read as follows: 71-1702. (a) The governing body of an area
vocational school or area vocational-technical school which is consolidated
with and made a part of a community college in accordance with the
provisions of this act shall enter into a consolidation agreement with the
board of trustees of the community college with which such area voca-
tional school or area vocational-technical school is consolidated.

      (b) Every consolidation agreement entered into under this section
shall provide for:

      (1) The disposition of all real property of the affected area vocational
school or area vocational-technical school, which disposition shall not be
in contravention of the provisions of subsection (d) of K.S.A. 71-201, and
amendments thereto;

      (2) the disposition of all personal property, records and moneys, in-
cluding state and federal financial aid, of the affected area vocational
school or area vocational-technical school;

      (3) the payment of all lawful debts of the affected area vocational
school or area vocational-technical school, including any outstanding
bonded indebtedness attributable to the operation thereof;

      (4) the payment of all accrued compensation or salaries of all person-
nel of the affected area vocational school or area vocational-technical
school;

      (5) the transfer of personnel, if such personnel are deemed necessary,
in the employment of the affected area vocational school or area voca-
tional-technical school to the employment of the community college; and

      (6) such other matters as may need to be addressed as the result of
such consolidation by the affected area vocational school or area voca-
tional-technical school and the community college.

      (c) Immediately upon execution of each consolidation agreement en-
tered into under this section, the state board of education regents shall
be notified thereof by the board of trustees of the affected community
college. The state board shall review and approve such consolidation
agreement and upon approval of such agreement, the state board, for
purpose of determining credit hour state aid under K.S.A. 71-602, and
amendments thereto, shall issue an order officially designating the com-
munity college as an area vocational school.

      (d) When any conflict arises as to the proper disposition of property,
records or funds or as to the assumption and payment of any debts as a
result of any consolidation effected under this act, such conflict shall be
determined and resolved by the state board of education regents and such
determination and resolution shall be final.

      Sec.  54. On July 1, 1999, K.S.A. 71-1705 shall be and is hereby
amended to read as follows: 71-1705. (a) Notwithstanding any provision
contained in chapter 71 of Kansas Statutes Annotated to the contrary,
whenever any area vocational school or area vocational-technical school
consolidates with a community college in accordance with the provisions
of this act, no out-district tuition shall be charged for any student enrolled
in any vocational education course or program offered by the community
college if such course or program was taught in the area vocational school
or area vocational-technical school immediately prior to the consolidation
of such area vocational school or area vocational-technical school with
such community college and as a result of such consolidation such course
or program is now being offered by the community college.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  55. On July 1, 1999, K.S.A. 1998 Supp. 71-602 shall be and is
hereby amended to read as follows: 71-602. (a) Each community college
is entitled to receive credit hour state aid. The basis for payments of credit
hour state aid for community colleges for each credit hour of each duly
enrolled student shall be: (1) For each credit hour in any subject or course
which is not part of a vocational education program approved by the state
board under the provisions of article 44 of chapter 72 of Kansas Statutes
Annotated, an amount which shall be provided for by the legislature in
acts making appropriations for the credit hour state aid entitlement of
community colleges; and (2) for each credit hour in any subject or course
which is part of a vocational education program approved by the state
board under the provisions of article 44 of chapter 72 of Kansas Statutes
Annotated, an amount which shall be determined by the state board by
multiplying by 11/2 the amount provided for by the legislature under (1),
except that the amount provided for by the legislature under (1) for each
credit hour of each student shall be multiplied by two if the credit hour
is in any subject or course which is part of an approved vocational edu-
cation program which is offered in a community college which is also
officially designated as an area vocational school by the state board or if
the credit hour is in any subject or course which is part of an approved
vocational education program transferred to a community college in ac-
cordance with an agreement made and entered into under authority of
K.S.A. 71-1507, and amendments thereto.

      (b) Credit hour state aid payments shall be made only for credit hours
of duly enrolled students if such students, as determined by the state
board, are residents of the state of Kansas or are considered residents of
the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-
407, and amendments thereto.

      (c) The determination of credit hours of duly enrolled students shall
be made at times prescribed by the state board of education.

      (d) The provisions of this section shall expire on June 30, 2000.

      Sec.  56. On July 1, 1999, K.S.A. 1998 Supp. 71-607 shall be and is
hereby amended to read as follows: 71-607. (a) Each community college
is entitled to receive out-district state aid payments in amounts deter-
mined as provided in this section. From reports and information provided
by each community college, and from such additional audits and inves-
tigations as are conducted by the state department of education board of
regents, the state board shall determine the amount of out-district tuition
each community college is entitled to bill to counties each year, and the
entitlement to out-district state aid of each community college shall be
an amount equal thereto plus (1) an amount equal to the amount of out-
district tuition disallowed under the provisions of K.S.A. 71-304, and
amendments thereto, and (2) an amount equal to the amount of out-
district tuition disallowed under the provisions of subsection (c) of K.S.A.
71-609 section 33, and amendments thereto, and (3) an amount equal to
the number of duly enrolled students considered residents of the state
pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments
thereto, times the amount specified in subsection (c) of K.S.A. 71-301 (b)
of section 29, and amendments thereto, for each credit hour of each such
duly enrolled student.

      (b)  (1) Out-district state aid payments shall be made only for credit
hours of students specified in provision (3) of subsection (a) if such stu-
dents, as determined by the state board, have not more than 64 credit
hours from any institution of postsecondary education or the students
have not more than 72 credit hours and are enrolled in terminal type
nursing courses or freshman-sophomore level preengineering courses.

      (2) The credit hour limitations prescribed by provision (1) of this
subsection do not apply to credit hours of students if such students, as
determined by the state board, are enrolled in an approved vocational
education program at a community college for the purpose of receiving
vocational or technical training or retraining in preparation for gainful
employment.

      (3) The provisions of this subsection shall expire on June 30, 1999.

      (c) The provisions of this section shall expire on June 30, 2000.

      Sec.  57. On July 1, 1999, K.S.A. 1998 Supp. 71-619 shall be and is
hereby amended to read as follows: 71-619. (a) Each community college
is entitled to receive general state aid payments in amounts determined
by the state board as provided in this section.

      (b) In each fiscal year, the state board shall:

      (1) Determine full-time equivalent enrollment of each community
college and total full-time equivalent enrollment of all community col-
leges.

      (2) Determine the assessed valuation of each community college.

      (3) Compute the assessed valuation per student of each community
college by dividing its assessed valuation by its full-time equivalent en-
rollment. The quotient is the assessed valuation per student of the com-
munity college.

      (4) Determine the median assessed valuation per student of all com-
munity colleges by ranking the community colleges from high to low on
the basis of assessed valuation per student of each community college and
identify the community college which is located at the median. The me-
dian assessed valuation per student of all community colleges is the as-
sessed valuation per student of the community college identified as being
located at the median.

      (5) Compute the wealth factor of each community college by dividing
the median assessed valuation per student of all community colleges by
the assessed valuation per student of the community college. The quotient
is the wealth factor of the community college.

      (6) Determine on the basis of total full-time equivalent enrollment
of all community colleges a per student guarantee by computing the
amount thereof which is required to distribute to the community colleges
the total amount of the appropriation from the state general fund for
general state aid for the fiscal year.

      (7) Multiply the per student guarantee determined in provision (6)
by the full-time equivalent enrollment of the community college.

      (8) Multiply the product obtained in provision (7) by the wealth factor
of the community college. The product is the amount of general state aid
to which the community college is entitled.

      (c) As used in this section:

      (1) ``Assessed valuation of a community college'' means the assessed
valuation of the taxable tangible property within the community college
district.

      (2) ``Taxable tangible property'' means all real and tangible personal
property which is subject to general ad valorem taxation.

      (3) ``Full-time equivalent enrollment'' means the quotient obtained
by dividing by 15 the total credit hour enrollment of students of a com-
munity college who on September 15 are residents of the state of Kansas
or are considered residents of the state of Kansas pursuant to the provi-
sions of K.S.A. 1998 Supp. 71-407, and amendments thereto, plus the
total credit hour enrollment of such students of the community college
for courses taught in the summer term and for courses approved to be
conducted as of September 15, the beginning dates of which courses are
after September 15 but prior to December 1.

      (d) The provisions of this section shall expire on June 30, 2000.

      Sec.  58. On July 1, 2000, K.S.A. 72-6501 shall be and is hereby
amended to read as follows: 72-6501. As used in this act:

      (a) ``University'' means Washburn university of Topeka; and

      (b) ``state board'' means the state board of regents.; and

      (c) ``state grant'' means the operating grant provided for under sub-
section (a) of K.S.A. 72-6503, and amendments thereto, and if entitlement
is determined, the quality performance grant provided for under subsec-
tion (b) of K.S.A. 72-6503, and amendments thereto.

      New Sec.  59. (a) The state board shall: (1) Review the university's
mission and goals statement, strategies for achieving mission focus and
attaining identified goals, academic and administrative program review
process, and established priorities for enhancement of academic disci-
plines; and (2) identify and approve core indicators of quality performance
for the university. The core indicators of quality performance identified
and approved for the university shall be consonant with the core indica-
tors of quality performance identified and approved for the state educa-
tional institutions.

      (b) From reports, documents, data and such other information as the
university may provide in each fiscal year, the state board shall determine
the effectiveness of the university in complying with its mission and goals
statement and in meeting the core indicators of quality performance.

      Sec.  60. On July 1, 2000, K.S.A. 72-6503 shall be and is hereby
amended to read as follows: 72-6503. (a) In each fiscal year, commencing
with fiscal year 1992 2001, the university is entitled to receive an oper-
ating grant from the state general fund in an amount provided therefor
by appropriation act to be determined by the state board. (b) For fiscal
years after fiscal year 1992, the president of the university shall submit
to the state board a budget estimate for the university and a request for
an operating grant from the state. The budget estimate and request shall
be submitted in the manner and at the time prescribed by the state board.
The state board shall:
      (1) Determine an amount to be received by the university as an op-
erating grant from the state by reviewing the budget estimate submitted
by the university and approving or adjusting and approving the amount
requested. The state board shall submit the amount so determined, along
with the amount of the request made by the university, to the director of
the budget for presentation to the governor and submission to the leg-
islature in the manner and at the time prescribed by law for submission
of budget estimates and requests by state agencies the average amount
of moneys from the state general fund expended per FTE lower division
undergraduate student in the preceding fiscal year at the regional state
educational institutions;
      (2)  (A) in the 2001 fiscal year, compute 50% of the amount deter-
mined under (1); (B) in the 2002 fiscal year, compute 55% of the amount
determined under (1); (C) in the 2003 fiscal year, compute 60% of the
amount determined under (1); (D) in the 2004 fiscal year and in each
fiscal year thereafter, compute 65% of the amount determined under (1);
      (3) multiply the amount computed under (2) by the number of FTE
students of the university. The product is the amount of the operating
grant the university is entitled to receive for the fiscal year.

      (b) In each fiscal year, commencing with the 2003 fiscal year, the
university is eligible to receive a quality performance grant from the state
general fund. If the state board determines that the university has dem-
onstrated effectiveness in complying with its mission and goals statement
and has met or exceeded the core indicators of quality performance iden-
tified and approved for the university by the state board, the university
shall receive a quality performance grant in an amount which shall be
determined by the state board by computing 2% of the amount of the
operating grant the university received in the preceding fiscal year. The
computed amount is the amount of the quality performance grant the
university shall receive for the fiscal year.
      (c)  (1) For the purposes of this section, the FTE enrollment of the
university shall be based on: (A) Enrollment of students who are residents
of the state of Kansas; and (B) the greater of FTE enrollment in the current
fiscal year or FTE enrollment in the preceding fiscal year.

      (2) As used in this section, the term regional state educational insti-
tutions means Emporia state university, Fort Hays state university and
Pittsburg state university and the term lower division undergraduate stu-
dent means a freshman or sophomore.

      (c) (d) Moneys received as operating state grants from the state gen-
eral fund shall not be expended for the purpose of expansion of graduate
programs or for the purpose of expansion of off-campus programs without
the prior approval of the state board.

      New Sec.  61. (a) In the 2001 fiscal year, the university is eligible for
entitlement to a transitional state grant. Entitlement of the university to
a transitional state grant shall be determined by the state board as pro-
vided in this subsection. The state board shall:

      (1) Determine the amount of the operating grant received by the
university in the 2000 fiscal year;

      (2) determine the amount of the operating grant the university is
entitled to receive for the 2001 fiscal year. If the amount determined
under (2) is greater than the amount determined under (1), the eligibility
of the university to a transitional state grant shall lapse. If the amount
determined under (1) is greater than the amount determined under (2),
the university is entitled to a transitional state grant in an amount which
shall be determined by the state board by subtracting the amount deter-
mined under (2) from the amount determined under (1). The difference
is the amount of the transitional state grant the university is entitled to
receive for the 2001 fiscal year.

      (b) The distribution of the appropriation for a transitional state grant
to the university if entitlement to the grant is determined shall be made
at a time to be determined by the state board. The state board shall certify
to the director of accounts and reports the amount due to the university,
and the director of accounts and reports shall draw a warrant upon the
state treasurer in favor of the university for such amount.

      (c) The provisions of this section shall expire on June 30, 2001.

      Sec.  62. On July 1, 2000, K.S.A. 72-6504 shall be and is hereby
amended to read as follows: 72-6504. (a) On or before November 1 and
on or before April 1 of each year, the president and treasurer of the
university shall certify under oath to the state board the total number of
duly enrolled credit hours of students of the university during the current
school term who meet the state residence requirement. The state board
may require the university to furnish any additional information deemed
necessary by it to carry out the provisions of this act and shall prescribe
such forms, to be approved by the attorney general, as may be necessary
for making such reports.

      (b) Persons enrolling in the university who, if adults, have not been,
or if minors, whose parents have not been residents of the state of Kansas
for at least six (6) months prior to enrollment for any school term are
nonresidents for the purpose of determination of entitlement from the
municipal university fund to state grants. The state board may adopt rules
and regulations prescribing criteria or guidelines for determination of
residence of students, so long as such criteria or guidelines are not in
conflict with the provisions of this section, and may make conclusive de-
termination of any residence matter for the purpose of determination of
entitlement from the municipal university fund to state grants.

      Sec.  63. On July 1, 2000, K.S.A. 72-6505 shall be and is hereby
amended to read as follows: 72-6505. From the enrollment reports and
student residency information so submitted by the university and other
information available to it information, the state board shall determine
the amount the university is entitled to receive as provided in K.S.A. 72-
6503 a state grant. The state board and the post auditor may audit the
records of the university to verify the accuracy of the reports and other
information submitted by the university. The state board may promulgate
rules and regulations governing the administration of this act. In the event
If the university is paid more than it is entitled to receive under any
distribution made hereunder as a state grant, the state board shall notify
the university of the amount of such overpayment, and the university shall
remit the same to the state board, who which shall deposit the same in
the state treasury to the credit of the municipal university state general
fund, and if the university fails so to remit, the state board shall deduct
the excess amount so paid from future payments becoming due to the
university.

      Sec.  64. On July 1, 2000, K.S.A. 72-6506 shall be and is hereby
amended to read as follows: 72-6506. The payment to the university of
the total amount of its operating grant state grant shall be made in sub-
stantially equal amounts on August 1 and January 1 of each year, or as
soon thereafter as possible. The state board shall certify, on or before
July 20 and December 20 of each year, to the director of accounts and
reports the amount due the university from the state general fund on
August 1 or on January 1, as the case may be, and the director shall draw
a warrant upon the state treasurer in favor of the university for such
amount. Upon receipt of such warrant, the treasurer of the university
shall credit the same to the general fund of the university. All moneys
received by the university under this section shall be used to pay current
operating expenses of the university, and shall not be used for the making
of capital improvements.

      Sec.  65. On July 1, 2000, K.S.A. 72-6508 shall be and is hereby
amended to read as follows: 72-6508. The university shall be eligible to
receive payments of operating state grants from the state general fund to
continue and further its traditional program of operating a liberal arts
college, a school of business, a school of law, a school of nursing and a
school of applied studies. While receiving payments from the state general
fund, the university shall be limited to associates, bachelors, masters and
juris doctor degree work and shall not establish specialized schools such
as journalism, medicine, pharmacy and engineering, or other new edu-
cational schools unless authorized by act of the legislature.

      Sec.  66. On July 1, 2000, K.S.A. 72-6509 shall be and is hereby
amended to read as follows: 72-6509. The university shall not be eligible
to receive payments of operating state grants from the state general fund
unless it is currently a member in good standing of the north central
association of colleges and universities.

      Sec.  67. On July 1, 1999, K.S.A. 13-13a25, as amended by section 7
of 1999 House Bill No. 2565, shall be and is hereby amended to read as
follows: 13-13a25. (a) As used in K.S.A. 13-13a25 through 13-13a34, and
amendments thereto:

      (a) (1) ``Board of levy'' means the board of county commissioners of
every county in which there is not located a municipal university and the
township trustee, township clerk and township treasurer, acting as a
board, of every township within every county in which there is located a
municipal university, except that board of levy shall not include a township
within a county in which there is located a municipal university which has
levied a countywide retailer's sales tax.

      (b) (2) ``Municipal university'' means a municipal university estab-
lished under the provisions of article 13a of chapter 13 of Kansas Statutes
Annotated.

      (c) (3) ``Municipal university district'' means the taxing district of a
municipal university.

      (d) (4) ``Taxing subdivision'' means every county in which there is not
located a municipal university and every township within every county in
which there is located a municipal university, except that taxing subdivi-
sion shall not include a township within a county in which there is located
a municipal university which has levied a countywide retailer's sales tax.

      (e) (5) ``State board'' means the state board of education regents.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  68. On July 1, 1999, K.S.A. 13-13a26 shall be and is hereby
amended to read as follows: 13-13a26. (a) The board of regents of a
municipal university, in accordance with rules and regulations of the state
board, shall determine and collect an amount of out-district tuition to be
charged for each student attending the municipal university whose resi-
dence is outside of the municipal university district.

      (b) The board of levy of any taxing subdivision charged with payment
of out-district tuition shall levy a tax on all of the taxable property of the
taxing subdivision sufficient to pay all out-district tuition charges author-
ized by this act.

      (c) The proceeds from the tax levied under authority of this section
shall be deposited in a special fund for payment of out-district tuition.
Upon receiving a statement of charges for out-district tuition the board
of levy shall allow and pay the same promptly from the special fund. If
there is insufficient or no money in the special fund, out-district tuition
shall be paid from the general fund of the taxing subdivision or from the
proceeds of the sale of no-fund warrants issued for the purpose of the
payment of out-district tuition.

      (d) The total out-district tuition charged by a municipal university
shall be: (1) For the 2000 fiscal year, an amount equal to the number of
duly enrolled out-district students times $24 for each credit hour of each
such duly enrolled out-district student; (2) for the 2001 fiscal year, an
amount equal to the number of duly enrolled out-district students times
$18 for each credit hour of each such student; (3) for the 2002 fiscal year,
an amount equal to the number of duly enrolled out-district students times
$12 for each credit hour of each such student; and (4) for the 2003 fiscal
year, an amount equal to the number of duly enrolled out-district students
time $6 for each credit hour of each such student.

      (e) Out-district tuition shall only be charged for credit hours of stu-
dents if such students, as determined by the state board, have not more
than 64 credit hours from any institution of postsecondary education or
the students have not more than 72 credit hours and are enrolled in
terminal type nursing courses or freshman-sophomore preengineering
courses.

      (f) Expenditures for out-district tuition shall be exempt from the
budget law of this state to the extent of such payments not anticipated in
the budget of the taxing subdivision.

      (g) The levy of taxes and the payment of out-district tuition by coun-
ties required under the provisions of this section shall not be subject to
the exercise of home rule by counties under the provisions of article 1 of
chapter 19 of Kansas Statutes Annotated. Counties shall have no power
to exempt from, or effect changes in, the provisions of this section.

      (h) Taxes levied by townships under the authority of this section shall
be in addition to all other tax levies authorized or limited by law and shall
not be subject to or within the aggregate tax levy limit prescribed by
K.S.A. 79-1962, and amendments thereof.

      (i) In May of each fiscal year, the board of regents shall notify each
board of levy of the approximate amount of out-district tuition which will
be charged to the taxing subdivision in the succeeding fiscal year.

      (j) The provisions of this section shall expire on June 30, 2003.

      Sec.  69. On July 1, 1999, K.S.A. 13-13a27 shall be and is hereby
amended to read as follows: 13-13a27. (a) Out-district tuition shall be
based only upon enrollments of students who are residents of the state
of Kansas. For the purpose of determination of out-district tuition: (1)
Persons enrolling in a municipal university who, if adults, have not been,
or if minors, whose parents have not been, residents of the state of Kansas
for six months prior to enrollment for any term or session are nonresidents
of the state of Kansas; and (2) persons enrolling in a municipal university
who, if adults, have not been, or if minors, whose parents have not been,
residents of the municipal university district for six months prior to en-
rollment for any term or session are nonresidents of the municipal uni-
versity district.

      (b) For the purpose of determining residence of persons, the resi-
dence of minors shall be determined as provided in K.S.A. 72-1046, and
amendments thereto, and of adults as provided in subpart twenty-third
of K.S.A. 77-201 and amendments thereto.

      (c) The state board of education regents may adopt rules and regu-
lations prescribing criteria or guidelines for determination of residence
of students and shall make conclusive determination of any residence
matter for the purpose of determination of liability of taxing subdivisions
for out-district tuition.

      (d) The provisions of this section shall expire on June 30, 2003.

      Sec.  70. On July 1, 1999, K.S.A. 13-13a29 shall be and is hereby
amended to read as follows: 13-13a29. (a) The determination of credit
hours of duly enrolled out-district students shall be made at the end of
the fifth week of the regular spring and fall semesters and at the end of
the equivalent period for summer sessions. The determination of credit
hours of duly enrolled out-district students for payments for short-term
courses shall be made at such times as are prescribed by the state board
of education regents.

      (b) On or before November 1 and on or before April 1 of each year,
the president and treasurer of a municipal university shall certify under
oath to the state board the total number of duly enrolled credit hours of
out-district students of the municipal university during the current school
term. The state board may require a municipal university to furnish any
additional information deemed necessary by it to carry out the provisions
of this act and shall prescribe such forms, to be approved by the attorney
general, as may be necessary for making such reports.

      (c) The state board and the post auditor may audit the records of a
municipal university to verify the accuracy of the reports submitted by
the municipal university. The state board may promulgate rules and reg-
ulations for the administration of this act.

      (d) The provisions of this section shall expire on June 30, 2003.

      Sec.  71. On July 1, 1999, K.S.A. 13-13a31 shall be and is hereby
amended to read as follows: 13-13a31. (a) Subject to the provisions of
subsection (b), no out-district tuition shall be charged or paid for any
student attending a municipal university whose residence outside the mu-
nicipal university district is in a taxing subdivision in which there is located
a community college.

      (b) The provisions of subsection (a) shall not apply to any such out-
district student when the course of study or program which the student
selects, or a course of study or program which is substantially equivalent
thereto, is not offered in the community college which is located in the
taxing subdivision in which such student resides.

      (c) The provisions of this section shall expire on June 30, 2003.

      Sec.  72. On July 1, 1999, K.S.A. 13-13a32 shall be and is hereby
amended to read as follows: 13-13a32. (a) Subject to the provisions of
subsection (b), no out-district tuition shall be charged to or paid by any
county in which there is located a municipal university for any student
attending a community college whose residence outside the community
college district is in a county in which there is located a municipal uni-
versity.

      (b) The provisions of subsection (a) shall not apply to any such out-
district student when the course of study or program which the student
selects, or a course of study or program which is substantially equivalent
thereto, is not offered in the municipal university which is located in the
county in which such student resides.

      (c) In addition to out-district state aid to which a community college
is entitled under the provisions of K.S.A. 71-607, and amendments
thereof, the community college shall be entitled to an amount of out-
district state aid equal to the amount of out-district tuition disallowed
under The provisions of this section shall expire on June 20, 2003.

      Sec.  73. On July 1, 1999, K.S.A. 13-13a33 shall be and is hereby
amended to read as follows: 13-13a33. (a) The state board of education
regents shall adopt rules and regulations prescribing criteria or guidelines
for the purpose of determining which courses of study and programs
offered in the community colleges are substantially equivalent to the
courses of study and programs offered in municipal universities. A cur-
rent, complete list of such courses of study and programs shall be main-
tained on file in the state department of education office of the state board
of regents, and shall be open for public inspection at any reasonable time.

      (b) The provisions of this section shall expire on June 30, 2003.

      Sec.  74. On July 1, 1999, K.S.A. 13-13a34 shall be and is hereby
amended to read as follows: 13-13a34. (a) No out-district tuition charged
by a municipal university shall be based upon any course or program
which is taught in an area vocational school, an area vocational-technical
school, or a technical college under an agreement with the municipal
university and for which payments of state or federal moneys are made
to the area vocational school, area vocational-technical school, or tech-
nical college under the provisions of article 44 of chapter 72 of Kansas
Statutes Annotated.

      (b) The provisions of this section shall expire on June 30, 2003.

      New Sec.  75. (a) The state board of regents shall identify and ap-
prove core indicators of quality performance for the state educational
institutions and shall establish and implement a data management system
that includes a process and format for collecting, aggregating and re-
porting common and institution-specific information documenting ef-
fectiveness of the institutions in meeting the role and mission thereof.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each
state educational institution is eligible to receive a quality performance
grant from the state general fund. If the state board determines that the
state educational institution has demonstrated effectiveness in complying
with its role and mission statement and has met or exceeded the core
indicators of quality performance for the state educational institutions
identified and approved by the state board, the state educational insti-
tution shall receive a quality performance grant in an amount that shall
be determined by the state board by computing 2% of the amount of the
institution's appropriation from the state general fund for the preceding
fiscal year. The computed amount is the amount of the quality perform-
ance grant the state educational institution shall receive for the fiscal year.

      New Sec.  76. (a) In each of the fiscal years 2001 through 2004, the
state educational institutions are entitled to faculty salary enhancement
grants in amounts to be determined by the state board. The state board
shall:

      (1) Determine in the 2001 fiscal year the difference between the
amount of state aid received by the community colleges in the 2000 fiscal
year less the amount of out-district tuition received by the community
colleges in such fiscal year and the amount of operating grants to which
the community colleges are entitled in the 2001 fiscal year less the amount
of out-district tuition supplanted by such operating grants; and

      (2) determine in each of the 2002 through 2004 fiscal years the dif-
ference between the amount of operating grants received by the com-
munity colleges in the preceding fiscal year less the amount of out-district
tuition received by the community colleges in such fiscal year and the
amount of operating grants to which the community colleges are entitled
in the current fiscal year less the amount of out-district tuition supplanted
by such operating grants.

      (b) An amount equal to the amount of the difference determined
under provisions (1) and (2) of subsection (a) in each of the fiscal years
2001 through 2004 shall be allocated by the state board of regents as
faculty salary enhancement grants to the state educational institutions.

      (c) The provisions of this section shall expire on June 30, 2004.

      New Sec.  77. (a) The state board of regents shall identify and ap-
prove core indicators of quality performance for vocational education
schools and technical colleges and shall establish and implement a data
management system that includes a process and format for collecting,
aggregating and reporting common and institution-specific information
documenting effectiveness of the schools and colleges in meeting the role
and mission thereof.

      (b) In each fiscal year, commencing with the 2003 fiscal year, each
vocational education school and technical college is eligible to receive a
quality performance grant from the state general fund. If the state board
determines that the school or college has demonstrated effectiveness in
complying with its role and mission statement and has met or exceeded
the core indicators of quality performance for vocational education
schools and technical colleges identified and approved by the state board,
the school or college shall receive a quality performance grant in an
amount which shall be determined by the state board by computing 2%
of the amount of postsecondary aid the school or college received in the
preceding fiscal year. The computed amount is the amount of the quality
performance grant the school or college shall receive for the fiscal year.

      (c) The distribution of the appropriation for quality performance
grants to vocational education schools and technical colleges entitled to
such grants shall be made at a time to be determined by the state board.
The state board shall certify to the director of accounts and reports the
amount due to each vocational education school and technical college
entitled to a grant, and the director of accounts and reports shall draw a
warrant upon the state treasurer in favor of the school or college for such
amount. Upon receipt of the warrant, the treasurer of the school or col-
lege shall credit the amount of the warrant to the general fund.

      Sec.  78. On July 1, 1999, K.S.A. 12-16,102 shall be and is hereby
amended to read as follows: 12-16,102. (a) Except as provided in this
section, ``taxing subdivision'' means any city, county, township, commu-
nity college district or other political subdivision of the state of Kansas
having authority to levy taxes on taxable tangible property. A community
college district shall not be considered a taxing subdivision for the purpose
of this section. A school district shall not be considered a taxing subdivi-
sion for the purpose of this section except that any school district oper-
ating a public library pursuant to K.S.A. 72-1623, and amendments
thereto, for that purpose, shall be considered a taxing subdivision for the
purpose of this section.

      (b) Any taxing subdivision may create and establish employee benefits
contribution funds for (1) the taxing subdivision or (2) any political sub-
division for which a tax is levied by such taxing subdivision for the purpose
of paying the employer's share of any employee benefits, exclusive of any
salaries, wages or other direct payments to such employees, as may be
prescribed in the ordinance or resolution of the governing body creating
such funds. The taxing subdivision may receive and place in such funds
any moneys from any source whatsoever which may be lawfully utilized
for the purposes stated in the ordinance or resolution creating such funds,
including the proceeds of tax levies authorized by law for such purposes.

      (c) The governing body of any taxing subdivision having established
employee benefits funds under subsection (b) is hereby authorized to levy
an annual tax upon all taxable tangible property within the taxing subdi-
vision in an amount determined by the governing body to be necessary
for the purposes for which such funds were created and to pay a portion
of the principal and interest on bonds issued under the authority of K.S.A.
12-1774, and amendments thereto, by cities located in the county.

      Sec.  79. On July 1, 1999, K.S.A. 1998 Supp. 19-101a shall be and is
hereby amended to read as follows: 19-101a. (a) The board of county
commissioners may transact all county business and perform all powers
of local legislation and administration it deems appropriate, subject only
to the following limitations, restrictions or prohibitions:

      (1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.

      (2) Counties may not consolidate or alter county boundaries.

      (3) Counties may not affect the courts located therein.

      (4) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.

      (5) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power con-
ferred on cities to determine their local affairs and government shall not
be superseded or impaired without the consent of the governing body of
each city within a county which may be affected.

      (6) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271--
74th congress, or amendments thereof.

      (7) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.

      (8) Counties shall be subject to the limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.

      (9) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.

      (10) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment area estab-
lished under the authority of K.S.A. 12-1772, and amendments thereto,
unless the resolution authorizing the same specifically authorized a por-
tion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.

      (11) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing sub-
stitute and additional provisions on the same subject, unless the resolution
authorizing the same specifically provides for a portion of the proceeds
of such levy to be used to pay a portion of the principal and interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
ments thereto.

      (12) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.

      (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
to 12-1,109, inclusive, and amendments thereto, counties may not levy
and collect taxes on incomes from whatever source derived.

      (14) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto. Any charter resolution adopted by a
county prior to July 1, 1983, exempting from or effecting changes in
K.S.A. 19-430, and amendments thereto, is null and void.

      (15) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

      (16)  (A) Counties may not exempt from or effect changes in K.S.A.
13-13a26, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and void.

      (B) This provision shall expire on June 30, 2003.

      (17)  (A) Counties may not exempt from or effect changes in K.S.A.
71-301, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 71-301, and amendments thereto, is null and void.

      (B) This provision shall expire on June 30, 2003.

      (18) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
resolution adopted by a county prior to the effective date of this act,
exempting from or effecting changes in such sections is null and void.

      (19) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-
1226, and amendments thereto, or the provisions of K.S.A. 1998 Supp.
12-1260 to 12-1270, inclusive, and amendments thereto, and 12-1276,
and amendments thereto.

      (20) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.

      (21) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto.

      (22) Counties may not regulate the production or drilling of any oil
or gas well in any manner which would result in the duplication of reg-
ulation by the state corporation commission and the Kansas department
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated and any rules and regulations adopted pur-
suant thereto. Counties may not require any license or permit for the
drilling or production of oil and gas wells. Counties may not impose any
fee or charge for the drilling or production of any oil or gas well.

      (23) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.

      (24) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.

      (25) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.

      (26) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.

      (27) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 2-1915, 19-204, and amendments thereto.

      (28) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water. Any
resolution adopted by any county prior to the effective date of this act
imposing or levying any such tax is null and void.

      (29) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto. Any charter resolution
adopted prior to the effective date of this act, which affected the provi-
sions of K.S.A. 79-2017 or 79-2101, and amendments thereto, is hereby
declared to be null and void.

      (30) Counties may not exempt from or effect changes in K.S.A. 2-
1915, 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219, 65-171d, 74-
5065, 74-5066, 74-8902, 74-8905 and 79-32,117, K.S.A. 1998 Supp. 65-
1,178 through 65-1,198, 2-3318, 79-32,204, 65-1,199 and 17-5909 and
amendments thereto or revivers thereof.

      (b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority
of such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which is applicable to the particular county but not
uniformly applicable to all counties, such legislation shall become effec-
tive by passage of a charter resolution in the manner provided in K.S.A.
19-101b, and amendments thereto.

      Sec.  80. On July 1, 1999, K.S.A. 79-5021 shall be and is hereby
amended to read as follows: 79-5021. As used in K.S.A. 79-5021 to 79-
5035, inclusive, and amendments thereto: (a) ``Taxing subdivision'' means
every taxing district in the state of Kansas other than the state and the
community colleges organized and operating under the laws of the state;
(b) ``base year'' means either 1988 or 1989, whichever is designated by
the taxing subdivision as its base year; and (c) ``assessed valuation amount
for 1989'' means the taxable tangible assessed valuation as shown on the
November 1, 1989, abstract transmitted to the director of property val-
uation pursuant to K.S.A. 79-1806 adjusted by changes in valuations
which were made prior to July 1, 1990.

      Sec.  81. On July 1, 1999, K.S.A. 79-5022 shall be and is hereby
amended to read as follows: 79-5022. (a) In 1990 and in each year there-
after, all existing statutory fund mill levy rate and aggregate levy rate
limitations on taxing subdivisions are hereby suspended.

      (b) Except as otherwise provided in K.S.A. 79-5024 to 79-5027, in-
clusive, and amendments thereto, no city, county, township , or municipal
university or community college shall certify to the county clerk of the
county any tax levies upon tangible property, excluding levies specified in
K.S.A. 79-5028, and amendments thereto, which in the aggregate will
produce an amount in excess of the amount which was levied by such
taxing subdivision in the base year.

      (c) In 1990, and each year thereafter, the fund levy limits shall be
increased by multiplying the dollar amount produced by the levy limit for
1988 by the quotient determined by dividing the assessed tangible valu-
ation amount of the current year by the assessed valuation amount for
1989. The provisions of this subsection shall not be applicable to any city,
county, township, or municipal university or community college.

      Sec.  82. On July 1, 1999, K.S.A. 79-5024 shall be and is hereby
amended to read as follows: 79-5024. (a) Whenever the taxable assessed
tangible valuation of any city, county, township, or municipal university
or community college is increased by new improvements on real estate
or by increased personal property valuation, or both, the amount which
would be produced by the aggregate tax levy authorized under K.S.A. 79-
5022, and amendments thereto, shall be adjusted to increase the amount
authorized in the proportion that the assessed valuation of the new im-
provements and the increased personal property valuation bears to the
total assessed valuation amount for 1989. With respect to community
colleges, whenever the enrollment of any such college in any school year
is greater than such enrollment in the 1989-1990 school year, the amount
which would be produced by the aggregate tax levy authorized under
K.S.A. 79-5022, and amendments thereto, shall be adjusted to increase
the amount authorized in the proportion that the enrollment of such
college for the current school year bears to the enrollment of such college
in the 1989-1990 school year.

      (b) Such city, county, township, or municipal university or community
college may then levy the amount permitted under K.S.A. 79-5022, and
amendments thereto, and in addition thereto the amount produced by
the levy on such new improvements and added personal property as pro-
vided in this section and, with respect to community colleges, in addition
thereto the amount produced as a result of increased enrollment as pro-
vided in this section.

      Sec.  83. On July 1, 1999, K.S.A. 79-5025 shall be and is hereby
amended to read as follows: 79-5025. In the event that any territory is
added to an existing city, county, township, or municipal university or
community college, the amount which would be produced by the aggre-
gate tax levy otherwise authorized under K.S.A. 79-5022 and 79-5024,
and amendments thereto, shall be adjusted to increase the amount au-
thorized in the proportion that the assessed valuation of the tangible tax-
able property in the territory added bears to the total taxable assessed
tangible valuation of the city, county, township, or municipal university
or community college, excluding the property in such added territory.

      Sec.  84. On July 1, 1999, K.S.A. 79-5026 shall be and is hereby
amended to read as follows: 79-5026. In the event that any taxable tan-
gible property is excluded from the boundaries of any city, county, town-
ship, or municipal university or community college, the amount which
would be produced by the aggregate tax levy authorized under the pro-
visions of K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be
adjusted to decrease the amount authorized in the proportion that the
assessed valuation of the tangible property excluded bears to the total
taxable assessed valuation of the city, county, township, or municipal uni-
versity or community college, including such excluded property.

      Sec.  85. On July 1, 1999, K.S.A. 79-5028 shall be and is hereby
amended to read as follows: 79-5028. The provisions of K.S.A. 79-5021
to 79-5036, inclusive, and amendments thereto, shall not apply to or limit
the levy of taxes for the payment of:

      (a) Principal and interest upon state infrastructure loans, bonds, tem-
porary notes, no-fund warrants and payments made to a public building
commission;

      (b) judgments, settlements and expenses for protection against lia-
bility to the extent such expenses are authorized by article 61 of chapter
75 of the Kansas Statutes Annotated and amendments thereto;

      (c) employer contributions for social security, workers compensation,
unemployment insurance, health care costs, employee benefit plans, and
employee retirement and pension programs;

      (d) expenses incurred by counties for district court operations under
the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and
expenses incurred by counties for the detention of juveniles;

      (e) expenses incurred by counties for payment of out-district tuition
to community colleges pursuant to K.S.A. 71-301, and amendments
thereto, and expenses incurred by counties and townships for payment
of out-district tuition to municipal universities pursuant to K.S.A. 13-
13a26, and amendments thereto, until expiration of this provision on June
30, 2003;

      (f) expenses incurred for the first time on and after January 1, 1996,
by cities in effectuating programs specifically enacted and administered
for the purpose of preventing juvenile delinquency and crime;

      (g) expenses incurred by any taxing subdivision for rebates to owners
of property in connection with a neighborhood revitalization program
instituted in accordance with K.S.A. 1997 Supp. 12-17,114 et seq., and
amendments thereto; or

      (h) expenses incurred by any taxing subdivision necessary to interface
with the state criminal justice information system.

      The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
ments thereto, do not apply to the tax levies authorized or required under
K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.

      Amounts produced from any taxes levied for purposes specified in this
section shall not be used in computing any aggregate limitation under the
provisions of this act. In addition, amounts needed to be produced from
the levy of taxes by a taxing subdivision to replace the difference between
the amount of revenue estimated to be received by such taxing subdivision
pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
and the amount of such revenue estimated to be received by such taxing
subdivision in each year thereafter shall not be used in computing any
aggregate limitation under the provisions of this act. On or before June
1 of each year, information necessary to make such computation shall be
provided to each taxing subdivision by the appropriate county treasurer.

      Sec.  86. On July 1, 1999, K.S.A. 79-5032 shall be and is hereby
amended to read as follows: 79-5032. Whenever any city, county, town-
ship, or municipal university or community college shall be required by
law to levy taxes for the financing of the budget of any political or gov-
ernmental subdivision of this state which is not authorized by law to levy
taxes on its own behalf, and the governing body of such city, county,
township, or municipal university or community college is not authorized
or empowered to modify or reduce the amount of taxes levied therefor,
the tax levies of such political or governmental subdivision shall not be
included in or considered in computing the aggregate limitations upon
the property tax levies of the city, county, township, or municipal univer-
sity or community college levying taxes for such political or governmental
subdivision. The fund levy limits of such political or governmental sub-
division shall be established in accordance with subsection (c) of K.S.A.
79-5022, and amendments thereto.

      Sec.  87. On July 1, 1999, K.S.A. 71-202 shall be and is hereby
amended to read as follows: 71-202. Whenever a contract is made by a
community college with one or more public or private institutions or
agencies located without outside the state of Kansas for academic or vo-
cational education, the provisions of this section shall apply thereto.

      (a) Such contracts shall be made only with respect to places of in-
struction located in one or more states adjoining the state of Kansas.

      (b) Whenever such a contract is made with a private agency or insti-
tution, the same shall be limited to courses or programs related to the
healing arts or medical skills or techniques and medical science. Every
such contract shall contain a provision that the same may be nullified by
a written notice at any time prior to May 1 of any year, with the nullifi-
cation taking effect on June 1 of such year.

      (c) Such contracts shall be subject to limitation, change or termina-
tion by the legislature, and shall contain a provision to such effect.

      (d) No such agreement shall take effect until approved by the state
board of education.

      Every board of trustees which makes a contract to which this section
applies shall make such periodic and special reports of statistical and fi-
nancial information to the state board of education as it may request. The
state board of education and its officers and agents may inspect and audit
any of the financial records of any such board and may enter and inspect
any physical facility related to any such contract whether in this state or
in another state.

      Sec.  88. On July 1, 1999, K.S.A. 71-211 shall be and is hereby
amended to read as follows: 71-211. (a) The director of accounts and
reports, with the advice of the state board of education regents and the
legislative educational planning committee, shall formulate, devise and
prescribe a standardized and uniform chart of accounts for use by all
community colleges. Such chart of accounts shall be compatible with the
revenues and expenditures classification system developed by the national
association of college and university business officers. The chart of ac-
counts shall be adaptable to manual or automated systems, and use of
such chart of accounts is hereby required for all community colleges.

      (b) The standardized and uniform chart of accounts required by this
section for community colleges shall be prescribed not later than July 1,
1980.

      Sec.  89. On July 1, 1999, K.S.A. 71-701 shall be and is hereby
amended to read as follows: 71-701. As used in this act, unless the context
otherwise requires:

      (a) The term ``Community college'' means a public community col-
lege established under the provisions of this act. The official name of such
a community college shall be ``the ________ community college'' and
the blank shall be filled with the name of the city or county.

      (b) The term ``State board'' means the state board of education re-
gents.

      (c) The term ``Community college district'' means the taxing district
of a community college.

      (d) The term ``Board of trustees'' means the governing body of a
community college.

      (e) The term ``State plan'' means the plan adopted for community
colleges as heretofore provided by law, and such plan as it is from time
to time amended by the state board upon recommendation of the advisory
council; such plan may include other matters listed in the ``community
college act'' and acts amendatory thereof, or supplemental thereto.

      (f) The term ``Campus'' means the location of all or part of the build-
ings and facilities of a community college.

      (g) The term ``Advisory council'' means the advisory council provided
for by K.S.A. 71-901, and amendments thereto.

      (h) The term ``state department of education'' means the department
of, and which is administered by and under the direction of, the state
board.
      (i) The term ``director'' means the person appointed by the state
board to be responsible for staff duties of the supervision of community
colleges.
      (j) The term ``Student tuition'' means the charge made to and paid
by students for the privilege of attending a community college and par-
ticipation participating in the institutional program.

      (k) The term (i) ``Chief school administrator administrative officer''
means the president or one so appointed by the board of trustees.

      Sec.  90. On July 1, 1999, K.S.A. 71-802 shall be and is hereby
amended to read as follows: 71-802. At any time, if the state board of
education regents finds that a community college previously approved or
deemed approved has failed to comply with the provisions of this act or
with any provision of a rule or regulation adopted pursuant to this act, or
fails to meet the standards contained in this act, the state board of edu-
cation regents shall so advise the board of trustees thereof. If after twelve
(12) 12 calendar months after any such notification such board of trustees
has failed to correct the deficiency noted, the state board of education
regents shall withdraw approval of the community college and it shall not
be entitled to state aid during the continuance of any such period of
withdrawal. Any action of the state board of education regents in granting,
denying or withdrawing approval of a community college shall be subject
to review by the legislature.

      Sec.  91. On July 1, 1999, K.S.A. 71-901 shall be and is hereby
amended to read as follows: 71-901. There is hereby established the ad-
visory council of community colleges which shall be composed of eleven
(11) 11 members who shall be appointed by the governor with qualifi-
cations and terms as follows:

      (a) One member of the board of regents commission for community
colleges and vocational/technical education nominated by the state board
of regents for a term concurrent with his or her the member's term as
member of the board of regents commission;

      (b) one member of the state board of education nominated by the
state board of education for a term concurrent with his or her the mem-
ber's term as member of the state board of education;

      (c) one chief administrator administrative officer of a community col-
lege for a term concurrent with his or her the officer's term as such chief
administrator administrative officer but not exceeding to exceed four (4)
years;

      (d) one member of a the board of trustees of a community college
for a term concurrent with his or her the member's term on such board
of trustees but not to exceed four (4) years;

      (e) a representative of private colleges nominated by the Kansas as-
sociation of private colleges for a term not to exceed four (4) years;

      (f) a representative of the secondary schools for a term not to exceed
four (4) years;

      (g) a president the chief executive officer of one of the state univer-
sities educational institutions for a term not to exceed four (4) years;

      (h) four (4) persons selected by the governor who are representative
of labor, business and industry, agriculture, and the professions for terms
of four years.

      As vacancies occur or terms expire for members of the advisory council,
appointments of successors shall be made as for the appointments of their
predecessors.

      The state board and the director of vocational education chief executive
officer of the state board shall be notified of all meetings of the advisory
council and may attend the same such meetings but, except for the mem-
ber of the state board who is a member of the advisory council, shall not
be voting members thereof of the advisory council.

      Members of the advisory council attending meetings of such council,
or attending a subcommittee meeting thereof authorized by such council,
shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and
amendments thereto.

      Sec.  92. On July 1, 1999, K.S.A. 71-902 shall be and is hereby
amended to read as follows: 71-902. The advisory council shall hold two
regular meetings each year. The council shall elect a chairman chairper-
son and vice-chairman vice-chairperson. The director shall serve as sec-
retary of the advisory council but he shall not be a voting member thereof.
Meetings of the advisory council may be called by the state board of
education regents or by the chairman chairperson and one member of
the advisory council or by any four (4) members of the advisory council.
All meetings of the advisory council shall be held in the city of Topeka
or at such place as shall be determined by the advisory council.

      Sec.  93. On July 1, 1999, K.S.A. 71-1104 shall be and is hereby
amended to read as follows: 71-1104. Whenever an election for approval
of the establishment of a community college is held as provided in sub-
section (d) of K.S.A. 71-1103, and amendments thereto, the results of
such election shall be certified to the state board by the election officer
of each county in which there is located any part of the territory of the
proposed community college, to. The state board of education who shall
tabulate and canvass the vote if more than one county is involved, and
shall examine the vote if only one county is involved. After such exami-
nation or canvass the state board of education shall announce the result
of the election and if it finds that a majority of those voting at the election
voted in favor of the proposition to establish the community college, it
shall so announce and issue an order establishing the same.

      Sec.  94. On July 1, 1999, K.S.A. 71-1105 shall be and is hereby
amended to read as follows: 71-1105. The order of the state board of
education establishing any community college shall specify contain the
following:

      (1) Describe (a) A description of the territory of the community col-
lege district.

      (2) State (b) A statement of the legal name of the community college.

      (3) Fix (c) The effective date of the establishment of the community
college for the purpose of taxation.

      (4) Fix (d) The date that courses may first be offered by the com-
munity college.

      (5) Fix (e) The date of the first election of members of the board of
trustees, and a date two weeks prior thereto upon which the primary
election, if needed, shall be held.

      (6) Name (f) A designation of the voting plan and method of election
which shall initially apply in such community college district, and the
voting plan and method of election shall be selected from those specified
in chapter 71 of Kansas Statutes Annotated. If a member district method
is selected the boundary of each member district shall be set forth.

      (7) Specify (g) A specification of the election officer or officers who
shall be locally responsible for conduct of the first election of trustees,
and if more than one election officer is involved, the order shall also
provide for certification of the results in each county to the state board
of education for canvass of the vote and announcement and certification
of the final result thereof, both in the primary and general elections.

      (8) Fix (h) The date and place of the first meeting of the board of
trustees.

      Sec.  95. On July 1, 1999, K.S.A. 71-1106 shall be and is hereby
amended to read as follows: 71-1106. The order establishing any new
community college shall be certified to the election officer or officers of
the county or counties in which any part of the territory of the community
college is located, and to the board of education of any sponsoring school
district, and a copy of such order shall be filed in the records of the state
board of education.

      Sec.  96. July 1, 1999, K.S.A. 71-1201 shall be and is hereby amended
to read as follows: 71-1201. Territory may be added to any community
college district which has been established under this act either by
deemed approval or by election approval by one of the following methods:

      (a) The board of education of any unified district a part of which is
in the community college district or which touches and adjoins a com-
munity college district may petition the state board of education for at-
tachment of the territory of such unified district to the community college
district for community college purposes. Upon receiving any petition un-
der this subsection, the same shall be submitted to the advisory council
for its advice and recommendations which, together with the petition,
shall be presented to the state board of education. After considering the
petition the state board of education may approve such attachment, if the
advisory council has so recommended. If the advisory council has not so
recommended the state board of education shall so inform the board of
trustees of the community college involved and may request its recom-
mendation as to such attachment. If such request is made and if such
board of trustees recommends such attachment the same may be ap-
proved by the state board of education. Upon granting any approval for
attachment of territory the state board of education shall so inform the
county election officers of counties in which the territory to be attached
is located, and such county election officers shall conduct an election for
approval for such attachment in the area petitioned for attachment. Such
election shall be conducted in accordance with the procedure for approval
for establishment of a community college as specified in this act. The
question submitted shall be: ``Shall the proposed attachment of territory
to the ________ community college district be approved?'', and the
blank shall be filled by with the name of the community college. The
expenses of the election shall be paid by the community college. In the
event that such attachment is so approved by such election the state board
of education shall issue an order attaching the same to the community
college district. The provision provisions of subsection (b) of K.S.A. 71-
1102, and amendments thereto, shall also apply to this subsection.

      (b) Any board of trustees may petition the state board of education
for the attachment of any adjoining territory to the community college
district. Such petition shall be processed as in subsection (a) of this sec-
tion, except that in the event of disapproval by the advisory council the
state board of education shall so inform the board of trustees and in such
case such attachment shall not be made. If the advisory council approves
such petition, the state board of education shall direct notify the county
election officers of counties in which the territory to be attached is lo-
cated, and such county election officers shall conduct an election for ap-
proval of such attachment in the area petitioned for attachment. No at-
tachment of territory shall be made under this subsection (b) unless such
attachment has been approved by a majority of those voting in the ter-
ritory to be attached. Such election shall be conducted in accordance with
the procedure for approval of the establishment of community colleges
as specified in this act. The question submitted shall be: ``Shall the pro-
posed attachment of territory to the ________ community college dis-
trict be approved?'', and the blank shall be filled with the name of the
community college. In the event that such attachment is so approved by
such election the state board of education shall issue an order attaching
the same to the community college district. The expenses of the election
shall be paid by the community college.

      (c) No territory shall be attached to any community college district
within one hundred and twenty (120) 120 days prior to the general elec-
tion of members of the board of trustees.

      (d) In the event that If the community college attaching territory
under subsection (a) or (b) of this section has member district method of
election, no approval thereof shall be given by the state board of education
and no proposition for approval thereof shall be submitted to any election
until new proposed member districts for the community college territory
as the same will exist after the addition of territory have been established
by the state board of education.

      Sec.  97. On July 1, 1999, K.S.A. 71-1309 shall be and is hereby
amended to read as follows: 71-1309. Unless the context otherwise re-
quires, As used in article 13 of chapter 71 of Kansas Statutes Annotated:
(a) State board'' means the constitutional state board of education regents.

      (b) ``County election officer'' means the election commissioner in
counties having which have an election commissioner, and the county
clerk in counties which do not have an election commissioner.

      Sec.  98. On July 1, 1999, K.S.A. 71-1406 shall be and is hereby
amended to read as follows: 71-1406. (a) Determination of any commu-
nity college to change from one method of election to another method
of election shall be by either one of the following:

      (1) The board, by a majority vote of the members-elect thereof, may
adopt a resolution to change the method of election. Such resolution shall
specify the existing method of election, and the proposed method of elec-
tion, together with a statement that the change will be made only after
the proposed change and plan for change are first approved by the state
board of education.

      (2) The board, by a majority vote of the members-elect thereof, may
adopt a resolution to change the method of election. Such resolution shall
specify the existing method of election and the proposed method of elec-
tion, together with a statement that the change will not be made unless
approved by a majority of the electors of the community college district
voting at an election at which the question is submitted. Such resolution
shall state that the plan of change is filed in the office of the clerk of the
board.

      (b) Every plan of change shall also state the existing and proposed
voting plan of the community college district, and such voting plan shall
be one of the three (3) voting plans specified in K.S.A. 71-1420, and
amendments thereto.

      Sec.  99. On July 1, 1999, K.S.A. 71-1507 shall be and is hereby
amended to read as follows: 71-1507. (a) The board of trustees of any
community college and the board of any area vocational school or area
vocational-technical school may make and enter into agreements provid-
ing for the transfer from the area vocational school or area vocational-
technical school to the community college of any approved vocational
education program being offered and taught at the postsecondary level
in the area vocational school or area vocational-technical school.

      (b) In the event the board of trustees of a community college and
the board of an area vocational school or area vocational-technical school
enter into an agreement authorized under subsection (a), the following
conditions shall apply:

      (1) The state board of education regents shall be notified of the agree-
ment at the time the agreement is executed.

      (2) The agreement shall be effective only after approval by the state
board of education regents.

      (3) Any vocational education program transferred in accordance with
the agreement shall be offered and taught in the community college only
after approval of the program by the state board of education regents.

      (4) The agreement shall be subject to change or termination by the
legislature.

      (5)  (A) The duration of the agreement shall be perpetual unless ter-
minated in accordance with provision (B).

      (B) Termination of the agreement may be accomplished only upon
approval by the state board of education regents of a joint petition to it
for termination by the contracting boards after adoption of a resolution
to that effect by each such board. The state board of education regents
shall consider the petition and approve or disapprove termination of the
agreement. Upon termination of the agreement, any program transferred
thereunder shall be discontinued.

      Sec.  100. On July 1, 1999, K.S.A. 72-4408, as amended by section 1
of 1999 House Bill No. 2062, shall be and is hereby amended to read as
follows: 72-4408. The state of Kansas hereby accepts the provisions and
benefits of the Carl D. Perkins vocational and technical education act of
1998, and acts amendatory thereof and supplemental thereto. The state
board of education regents is hereby designated as the sole agency for
supervision of the administration of vocational education by local edu-
cational agencies. The state board of education regents is authorized to
prepare, from time to time amend, and administer the state plan for
vocational education as provided in the above cited federal act.

      Sec.  101. On July 1, 1999, K.S.A. 1998 Supp. 72-4412, as amended
by section 2 of 1999 House Bill No. 2062, shall be and is hereby amended
to read as follows: 72-4412. As used in this act:

      (a) ``Board'' means the board of education of any school district, the
board of trustees of any community college, the board of regents of any
municipal university, the board of control of any area vocational-technical
school, the governing body of any technical college, or the state board of
regents chief executive officer of any state educational institution.

      (b) ``Area vocational school'' means any vocational education school
established under authority of the laws of this state, approved and offi-
cially designated as an area vocational school by the state board, and
operated under the any board of education of a school district, the board
of trustees of a community college, the state board of regents, or the
board of regents of a municipal university. Any area vocational school,
except for purposes of the construction of this act, may retain and use
the name given to such school prior to the effective date of this act, even
though such name includes the words ``area vocational-technical school.''
Until this provision is amended by or repealed from law, the state board
shall not approve the establishment or operation of any area vocational
school which has not been approved for establishment or officially des-
ignated as an area vocational school prior to the effective date of this act,
except that a community college which is consolidated with an area vo-
cational school or area vocational-technical school under the provisions
of K.S.A. 71-1701 through 71-1706, and amendments thereto, may be
designated as an area vocational school.

      (c) ``Area vocational-technical school'' means any vocational educa-
tion school which was classified as a type II area vocational-technical
school under authority of former laws or which is established and classi-
fied as a type II area vocational-technical school under authority of this
act. The schools to which this definition applies are:

      (1) Southeast Kansas area vocational-technical school;

      (2) Northwest Kansas area vocational-technical school; and

      (3) Johnson county area vocational-technical school.

      The governing body of an area vocational-technical school shall be
called a board of control and shall be constituted as is provided by agree-
ment of the boards participating therein. Members of the board of control
shall be paid subsistence allowances, mileage and other actual and nec-
essary expenses incurred in the performance of their official duties. The
state board may adopt special rules and regulations applicable to the con-
duct, operation and administration of area vocational-technical schools.
Nothing in this act shall be construed to authorize the establishment or
operation of any area vocational-technical school not specifically desig-
nated in this subsection. Unless approved by the state board of education
regents, no area vocational-technical school shall construct or reconstruct
or acquire any building or land until this provision is amended or repealed
from the law. Nothing in this act shall be deemed to prevent any board
from entering into an agreement for participation in the operation of any
area vocational-technical school designated in this subsection; nor shall
any board which is now or hereafter a participant in the operation of such
an area vocational-technical school be prevented by the provisions of this
act from withdrawing therefrom in the absence of a written agreement
to the contrary.

      (d) ``School district'' means any school district organized under the
laws of this state.

      (e) ``Community college'' means any community college organized
and operating under the laws of this state.

      (f) ``Municipal university'' means a municipal university established
under the provisions of article 13a of chapter 13 of Kansas Statutes An-
notated.

      (g) ``State educational institution'' means the university of Kansas,
Kansas state university of agriculture and applied science, Wichita state
university, Emporia state university, Pittsburg state university, Fort Hays
state university, and Kansas state university--Salina, college of technol-
ogy.

      (h) ``Technical college'' means an educational institution that for-
merly was an area vocational school or an area vocational-technical school
and that has been converted to, established as, and officially designated
a technical college under authority of this act.

      (i) ``State board'' means the state board of education regents.

      (j) ``School year'' means the twelve-month period ending on June 30.

      (k) ``Vocational education'' means organized educational programs of-
fering a sequence of courses which are directly related to the preparation
of individuals in paid or unpaid employment in current or emerging oc-
cupations requiring other than a baccalaureate or advanced degree. Such
programs shall include competency-based applied learning which con-
tributes to an individual's academic knowledge, higher-order reasoning,
and problem-solving skills, work attitudes, general employability skills,
and the occupational-specific skills necessary for economic independence
as a productive and contributing member of society. The term vocational
education also includes technology education.

      (l) ``Technology education'' means an applied discipline designed to
promote technological literacy which provides knowledge and under-
standing of the impacts of technology including its organizations, tech-
niques, tools and skills to solve practical problems and extend human
capabilities in technological areas.

      (m) ``State plan'' means a document or set of documents, together
with attachments and supplements thereto, containing such provisions as
are authorized by this act and required by the Carl D. Perkins vocational
and technical education act of 1998, and acts amendatory thereof or sup-
plemental thereto.

      (n) ``Associate of applied science degree program'' means a program
that is offered and maintained by a technical college, composed of vo-
cational, technology, and general education courses of instruction for
which individuals may earn college credit, designed to prepare individuals
for gainful employment in technical or technological occupations requir-
ing other than a baccalaureate or advanced degree or to qualify individuals
for transfer to another college or university and, after satisfactory com-
pletion of the requirements for graduation, results in the conferral of an
associate of applied science degree. For the purpose of awarding college
credit for completion of coursework leading to the conferral of an asso-
ciate of applied science degree, a credit hour shall consist of 15 clock
hours of instruction in general education courses or 30 clock hours of
instruction in vocational or technology education courses.

      Sec.  102. On July 1, 1999, K.S.A. 72-4416 shall be and is hereby
amended to read as follows: 72-4416. (a) Subject to the provisions of
subsection (b), any board may present a plan to the state board for the
establishment and operation of an area vocational school. The plan may
specify that the area vocational school is to be a department or a division
of a school district or a community college or a state educational insti-
tution under the state board of regents or a municipal university. The
plan shall be prepared in such form as is prescribed by the state board.

      Information included in support of the plan shall include, but not be
limited to the following:

      (1) Concentration of population within a reasonable service area;

      (2) total enrollments in the elementary and secondary schools within
the area, separately;

      (3) number of persons graduating from high school within the area;

      (4) probability of growth in elementary and secondary school enroll-
ments within the area;

      (5) identification of vocational education services needed within the
area;

      (6) local interest and attitudes toward the program;

      (7) ability to contribute to the financial support of the program; and

      (8) consideration of the area in relation to other programs or requests
for programs of vocational education to prevent, as nearly as is practicable,
overlapping or duplication of educational services.

      Upon receipt and examination of a plan, the state board shall conduct
such public hearings and make such investigations related to the plan as
it deems appropriate. If the plan submitted is approved, or approved after
amendment, the state board shall issue an order authorizing the estab-
lishment of an area vocational school.

      (b) The state board shall not approve any plan submitted to it under
subsection (a) after the effective date of this act until this subsection is
amended by or repealed from law.

      Sec.  103. On July 1, 1999, K.S.A. 72-4417 shall be and is hereby
amended to read as follows: 72-4417. (a) Students admitted to a vocational
education course or program which is conducted by the school district in
which the student is enrolled may be charged fees but shall not be
charged tuition.

      (b) Postsecondary students admitted to a vocational education course
or program shall pay tuition and fees as provided by laws applicable
thereto.

      (c)  (1) Except as provided in paragraph (2) of this subsection, stu-
dents admitted to a vocational education course or program which is con-
ducted by a community college shall pay tuition and fees as provided by
laws applicable to community colleges and the provisions of this section
shall not apply thereto, nor shall any provisions of this act which are
inconsistent with laws relating to community college tuition and fees apply
to community colleges.

      (2) Students admitted to a vocational education course or program
under the provision of K.S.A. 71-1706 and which is conducted by a com-
munity college which is consolidated with an area vocational school or
area vocational-technical school may be charged fees but tuition shall be
paid as provided in paragraph (2) of subsection (d). Nothing in this act
shall be construed to amend, repeal or in any way change laws relating
to community college student or out-district tuition.

      (d) Students admitted to a vocational education course or program
which is not conducted by the school district in which the student is
enrolled shall be charged tuition and fees determined in accordance with
subsection (e), subject however to the following: (1) Tuition or fees, or
tuition and fees may be paid for the student in accordance with any agree-
ment made under K.S.A. 72-4421, and amendments thereto; or

      (2) if tuition of a student is not paid under provision (1) of this sub-
section, the tuition of the student shall be paid by the school district in
which the student is enrolled. No school district shall pay tuition for a
student who is a postsecondary student, and no school district shall be
required to pay tuition or fees of a student who is eligible to have tuition
and fees for the course or training the student selects paid by any state
or federal agency from moneys, funds or appropriations made available
under any one or more federal programs. Any state agency administering
any one or more such programs shall pay such tuition and fees upon
proper application by a student therefor.

      (e) All tuition and fees charged for vocational education by any board
shall be in such amounts as are authorized by rules and regulations
adopted by the state board which shall establish general guidelines for
tuition and fee schedules in vocational education courses and programs,
except that tuition of postsecondary students shall be fixed in accordance
with K.S.A. 72-4433, and amendments thereto. The particular tuition and
fee schedule of every vocational education program shall be subject to
annual approval of the state board. A current complete schedule of tuition
and fees for each vocational education course and program of each board
as approved by the state board shall be maintained on file in the office of
the state department of education board, and shall be open for public
inspection at any reasonable time.

      Sec.  104. On July 1, 1999, K.S.A. 72-4418 shall be and is hereby
amended to read as follows: 72-4418. (a) Consonant with the provisions
of subsection (b), the state board of education regents shall adopt rules
and regulations relating to enrollment procedures for students in voca-
tional education courses or programs.

      (b) Any person may apply to the board of education of the school
district in which the person is enrolled for admittance to a vocational
education course or program conducted in another school district. The
application shall be approved by the board of education subject to the
following conditions:

      (1) The person is approved for admittance by the board administering
the vocational education course or program.

      (2) The course or program applied for is not offered in the vocational
education department of the school district in which the student is en-
rolled, nor in a program which is available to residents of the school
district in which the applicant is enrolled under the terms of an agreement
made under K.S.A. 72-4421, and amendments thereto.

      (3) The person applying is capable of benefiting from the instruction.

      (c) Any eligible person may apply for admittance as a postsecondary
student to a vocational education course or program of a school, as de-
fined by subsection (k) of K.S.A. 72-4430, and amendments thereto, and
shall be approved for admittance in accordance with rules adopted by the
board of the school to which application is made.

      (d) Any person may apply for admittance to a vocational education
course or program of a community college and shall be approved for
admittance in accordance with rules adopted by the community college
to which application is made.

      (e) Any person admitted to any vocational education course or pro-
gram shall meet such requirements of minimum age as are provided by
law for the specific occupation or training courses or programs in which
the person is enrolled.

      (f) Any person who duly makes application for admission to a voca-
tional education course or program, and whose application is denied for
any reason, may request a review of the denial by the state board of
education regents in accordance with the provisions of K.S.A. 77-527, and
amendments thereto.

      Sec.  105. On July 1, 1999, K.S.A. 72-4421 shall be and is hereby
amended to read as follows: 72-4421. Any board may enter into a voca-
tional education agreement with any other board or boards, subject to
the following:

      (a) Such agreement shall be for a term of at least three years but not
exceeding five years.

      (b) Such agreement shall be subject to change or cancellation by the
legislature at any time in accordance with article 6, section 5 of the con-
stitution of Kansas.

      (c) Such agreement shall be approved by the state board before the
same has any force or effect.

      (d) Such agreement may provide for payment between boards of
moneys for vocational education tuition or fees, or for establishing, con-
ducting, maintaining or administering an area vocational school or any
vocational education course or program.

      (e) Such agreement may provide that the tuition of students enrolled
in any of the contracting districts, when such students attend a vocational
education course or program not offered in one of the contracting dis-
tricts, shall be paid by the board receiving funds under this agreement.

      (f) Such agreement may provide that certain vocational educational
education courses or programs will be offered only in certain districts.

      (g) Such agreement may provide that certain vocational education
courses or programs are to be contracted for under conditions specified
in the agreement.

      (h) Such agreement shall make appropriate provision for modification
thereof in the event of cancellation, discontinuance or disapproval of any
course or program by the state board of education, whether the same
constitutes a loss of current designation as an area vocational school or
not.

      (i) Such agreement shall provide that the school district, community
college or board of regents owning or having jurisdiction over physical
facilities used for vocational education shall retain the ownership of or
jurisdiction over such physical facilities; however, such agreement may
provide for the use of such physical facilities during the term of the agree-
ment or a shorter period of time. Any agreement under this section may
provide for a different method of ownership and or disposition of real or
personal property or interest therein, if such provision has received the
prior approval of the state board and the attorney general of this state.

      Sec.  106. On July 1, 1999, K.S.A. 72-4427 shall be and is hereby
amended to read as follows: 72-4427. The secretary of human resources
and the state board of education regents are hereby authorized to partic-
ipate in the federal job training partnership act (public law 97-300), and
amendments thereto, by providing from funds made available under the
federal act and appropriated by the legislature for vocational training in
accordance with and to the extent required by the federal act.

      Sec.  107. On July 1, 1999, K.S.A. 72-4429 shall be and is hereby
amended to read as follows: 72-4429. The board of education of any
school district which is operating an area vocational school or the board
of control of any area vocational-technical school may make agreements
for students enrolled in a public school of another state which adjoins this
state to attend vocational education courses or programs in the vocational
education schools of this state upon such terms as students enrolled in a
vocational education school of this state are permitted to attend vocational
education courses or programs in the public vocational education schools
of the other state. Agreements under this act shall be for a period of not
to exceed three years, and shall contain a provision that the same may be
nullified by a written notice at any time prior to May 1, with the nullifi-
cation taking effect on June 1. Agreements under this act shall be subject
to limitation, change or termination by the legislature, and shall contain
a provision to such effect. Any agreement entered into under this act may
provide for such additional matters relating to vocational education as are
authorized by rules and regulations of the state board of education and
as are consonant with the state plan for vocational education of this state.
The state board of education shall adopt rules and regulations for the
administration of this act. No agreement made under the provisions of
this act shall take effect until approved by the state board of education.
Every board of education or board of control which makes an agreement
under authority of this act shall make periodic and special reports of
statistical and financial information to the state board of education as it
may request. The state board of education and its officers and agents may
inspect and audit any of the financial or other records of any such board
and may enter and inspect any physical facility related to any such agree-
ment, whether in this state or in another state.

      Sec.  108. On July 1, 1999, K.S.A. 72-4444 shall be and is hereby
amended to read as follows: 72-4444. As used in this act:

      (a) ``Area vocational school'' and ``area vocational-technical school''
have the meanings respectively ascribed thereto by K.S.A. 72-4412, and
amendments thereto.

      (b) ``Community college'' means any community college organized
and operating under the laws of this state.

      (c) ``School'' means any area vocational school, any area vocational-
technical school, and any community college.

      (d) ``Instructional equipment'' means any scientific, technical, or
computer equipment which is useful for vocational education purposes.

      (e) ``Vocational education'' has the meaning ascribed thereto by
K.S.A. 72-4412, and amendments thereto.

      (f) ``State board'' means the state board of education regents.

      Sec.  109. On July 1, 1999, K.S.A. 72-4453 shall be and is hereby
amended to read as follows: 72-4453. (a) The board of trustees of every
community college and the governing board of every area vocational
school or area vocational-technical school shall make and enter into agree-
ments providing the transferability of substantially equivalent courses of
study and programs which are offered at such educational institutions in
order to facilitate the articulation of students to and among such educa-
tional institutions.

      (b) The following conditions shall apply to the agreements required
under subsection (a):

      (1) The state board of education regents shall be notified of the agree-
ment at the time the agreement is executed; and

      (2) the agreement shall be effective only after approval by the state
board of education regents.

      (c) The state board of education regents shall prescribe criteria or
guidelines for the purpose of determining which courses of study and
programs offered in the area vocational schools and area vocational-tech-
nical schools are: (1) Substantially equivalent to courses of study and pro-
grams offered in the community colleges; and (2) transferable to the com-
munity colleges. A current, complete list of such courses of study and
programs shall be maintained on file in the office of the state department
of education board of regents and shall be open for public inspection at
any reasonable time.

      Sec.  110. On July 1, 1999, K.S.A. 72-4454 shall be and is hereby
amended to read as follows: 72-4454. The state board of education and
the state board of regents shall adopt a joint policy requiring articulation
agreements among area vocational schools, area vocational-technical
schools, community colleges, technical colleges and state educational in-
stitutions providing for the transferability of substantially equivalent
courses of study and programs which are offered at area vocational
schools, area vocational-technical schools, community colleges, technical
colleges and state educational institutions in order to facilitate articulation
of students in technical programs to and among area vocational schools,
area vocational-technical schools, community colleges, technical colleges
and state educational institutions.

      Sec.  111. On July 1, 1999, K.S.A. 72-4460 shall be and is hereby
amended to read as follows: 72-4460. As used in this act:

      (a) ``Vocational education scholarship'' means the award of a financial
grant-in-aid by this state under this act to a vocational education scholar.

      (b) ``Vocational education scholar'' means a person who: (1) Is a res-
ident of Kansas; (2) has been graduated from a high school accredited by
the state board of education or has received general educational devel-
opment credentials issued by the state board of education regents; (3) is
enrolled in or has been accepted for admission to a vocational education
program operated by a designated educational institution; and (4) has
qualified on the basis of a competitive examination of ability and aptitude
for the award of a vocational education scholarship or has previously so
qualified and remains qualified on the basis of satisfactory performance
for the renewal of the award of a vocational education scholarship.

      (c) ``Vocational education program'' means a vocational education
program operated at the postsecondary level by a designated educational
institution.

      (d) ``Designated educational institution'' means an educational insti-
tution which qualifies as an eligible institution for the federal guaranteed-
loan program under the higher education act of 1965 (P.L. 89-329), as
amended, and the main campus or principal place of operation of which
is located in Kansas.

      (e) ``Program term'' means 1/2 the duration of the period of time re-
quired for completion of a vocational education program when such pe-
riod of time encompasses more than one school year.

      (f) ``School year'' means the period of time beginning on July 1 in
each calendar year and ending on June 30 in the succeeding calendar
year.

      (g) ``Board of regents'' means the state board of regents provided for
in the constitution of this state.

      Sec.  112. On July 1, 1999, K.S.A. 72-4466 shall be and is hereby
amended to read as follows: 72-4466. As used in this act:

      (a) ``Area vocational school,'' ``area vocational-technical school,'' and
``community college'' have the meanings respectively ascribed thereto in
K.S.A. 72-4412, and amendments thereto.

      (b) ``Vocational education institution'' means any area vocational
school, area vocational-technical school or community college.

      (c) ``Board'' means the state board of education regents.

      (d) ``Program'' means Kansas technology innovation and internship
program.

      Sec.  113. On July 1, 1999, K.S.A. 1998 Supp. 72-4468 shall be and
is hereby amended to read as follows: 72-4468. (a) An area vocational
school or an area vocational-technical school may be converted to, estab-
lished as, and officially designated a technical college with the approval
of the state board of education regents pursuant to standards adopted by
the state board and subject to specific authorization by act of the legis-
lature. Standards adopted by the state board for approval of the estab-
lishment of a technical college shall address such factors as present and
projected need in the area of the proposed technical college for expansion
or alteration of existing educational programs, types and capacities of
other postsecondary institutions present in the area of the proposed tech-
nical college, potential enrollment in the program or programs to be of-
fered and maintained by the proposed technical college, effect on delivery
of vocational education programs to secondary students in the area, op-
eration and accreditation of the proposed technical college, and such
other factors as the state board may determine to be relevant to consid-
eration of proposals for conversion of area vocational schools and area
vocational-technical schools to technical colleges.

      (b) A proposal to convert an area vocational school or an area voca-
tional-technical school to a technical college may be effectuated as fol-
lows:

      (1) The board of an area vocational school may propose, by resolution
approved by a majority of the members of the board, the establishment
of a technical college; or

      (2) the board of control of an area vocational-technical school may
propose, by resolutions approved by a majority of the members of each
participating board, the establishment of a technical college.

      (c) A proposal for the establishment of a technical college, approved
by resolution as provided in subsection (b), shall be accompanied by an
analysis, including supporting data, which documents how the educational
interests of the state will be better served by the conversion of the area
vocational school or area vocational-technical school to a technical college.
Such analysis shall include an appraisal of how the benefits to the edu-
cational system of the state would be furthered by merger of the area
vocational school or area vocational-technical school with a community
college, municipal university or state educational institution, together
with the rationale for the determination that conversion of the school to
a technical college better furthers the educational interests of the state
than merger with a community college, municipal university or state ed-
ucational institution.

      (d) If a resolution proposing the establishment of a technical college
is approved as provided in subsection (b), the proposal shall be submitted
to the state board of education regents for its consideration and approval
or disapproval. The state board shall consider the proposal and make a
determination concerning whether establishment of the technical college
is in the best interest of the educational system of the state. In so doing,
the state board shall evaluate whether the educational interests of the
state would be better served by a merger between the area vocational
school or area vocational-technical school and a community college, mu-
nicipal university or state educational institution than by the proposal of
technical college establishment. If the state board determines that a
merger between the area vocational school or area vocational-technical
school and a community college, municipal university or state educational
institution would better serve the educational interests of the state or, for
some other reason, determines approval of the proposal should not be
given, the state board shall deny approval of the proposal and make a
report thereon to the legislature. Otherwise, the state board shall approve
the proposal and recommend establishment of the technical college to
the legislature. In evaluating whether the educational interests of the state
would be better served by a merger between the area vocational school
or area vocational-technical school and a state educational institution, the
state board of education shall consult with and consider the advice of the
state board of regents.

      Sec.  114. On July 1, 1999, K.S.A. 1998 Supp. 72-4469 shall be and
is hereby amended to read as follows: 72-4469. Technical colleges shall
be under the general supervision of the state board of education regents.
All rules and regulations of the state board of education regents which
relate to supervision of area vocational schools and area vocational-tech-
nical schools shall be construed to apply to technical colleges until revised,
amended, repealed or nullified by the state board.

      Sec.  115. On July 1, 1999, K.S.A. 1998 Supp. 72-4470 shall be and
is hereby amended to read as follows: 72-4470. (a) The governing body
of a technical college shall be the board of the former area vocational
school or the board of control of the former area vocational-technical
school, whichever is applicable. Such board or board of control shall op-
erate, control and manage a technical college in the same manner and to
the same extent that was provided by law for the operation, management
and control of the former area vocational school or area vocational-tech-
nical school and nothing in this act shall be applied or construed in any
manner so as to change or affect any power, duty or function of a board
or board of control with respect to such operation, management and con-
trol.

      (b) The board or board of control of a technical college, in addition
to such other powers expressly granted by law and subject to rules and
regulations of the state board of education regents, is hereby granted the
following powers:

      (1) To determine the vocational, technology, and general education
courses of instruction that will comprise the associate of applied science
degree programs of the college;

      (2) to establish the requirements for satisfactory completion of the
associate of applied science degree programs of the college;

      (3) to confer the associate of applied science degree upon students
who successfully complete an associate of applied science degree program
of the college and to award a certificate or diploma to students who suc-
cessfully complete a vocational education program of the college;

      (4) to appoint teaching staff and to fix and determine teacher quali-
fications, duties and compensation. No teacher appointed to teach courses
comprising the associate of applied science degree programs of the col-
lege shall be required to meet certification requirements greater than
those required in the state educational institutions under the control of
the state board of regents.

      Sec.  116. On July 1, 1999, K.S.A. 72-4517 shall be and is hereby
amended to read as follows: 72-4517. As used in this act, unless the con-
text otherwise requires: (a) ``Board'' means the board of education of any
school district or the board of trustees of any community junior college.

      (b) ``State board'' means the state board of education regents.

      (c) ``Department'' means the state department of education.
      (d) ``State plan'' means the plan for adult basic education programs
prepared and adopted by the state board in accordance with state and
federal law.

      (e) (d) ``Adult basic education program'' means a program of one or
more courses in general education subjects taught at the grade school or
high school level under the supervision of a board for eligible persons
which is included in the state plan and for which federal funds are re-
ceived pursuant to federal law.

      (f) (e) ``Eligible persons'' means persons who (1) have attained the
age of sixteen, (2) have not graduated from high school and have not been
recognized as having achieved an equivalent level of education, and (3)
are not now regularly enrolled in school.

      (g) (f) ``Adult supplementary education program'' means a program
of one or more courses in any subject, other than courses in the adult
basic education program, taught for personal enrichment, which is con-
ducted under the supervision of a board for persons who have attained
the age of sixteen.

      (h) (g) ``Federal law'' means the adult education act of 1966 (title III,
P.L. 89-750), and acts amendatory thereof.

      Sec.  117. On July 1, 1999, K.S.A. 72-4518 shall be and is hereby
amended to read as follows: 72-4518. (a) The state of Kansas does hereby
accept the provisions and benefits of federal law relating to adult basic
education programs. The state board is hereby designated as the agency
for administration of adult basic education programs and for supervision
of the administration of adult basic education programs by boards. The
state board is authorized to prepare, from time to time amend, and ad-
minister the state plan in accordance with state and federal law.

      (b) The state board shall enter into agreements with the United States
department of health, office of education and welfare and other agencies
of the federal government for the purpose of participation in adult basic
education programs provided for by federal law. Any such agreement may
contain provisions required or authorized by federal law, so long as the
same are not in conflict with the provisions of this act.

      Sec.  118. On July 1, 1999, K.S.A. 72-4521 shall be and is hereby
amended to read as follows: 72-4521. The state board may enter into
agreements with any board for the establishment and operation of adult
basic education programs and any board desiring to secure state and fed-
eral funds for the cost of conducting the same shall certify and file an
application with the department state board for the approval of such adult
basic education program. Said The application shall be on a form pre-
scribed and furnished by the department and state board, shall contain
such information as the state board shall require, and shall be filed on or
before July 1 of each year. Approval of the application and the program
shall be prerequisite to payment of state and federal funds to any board.

      Sec.  119. On July 1, 1999, K.S.A. 72-4525 shall be and is hereby
amended to read as follows: 72-4525. (a) Any board may establish and
maintain an adult supplementary education program for the instruction
of persons desirous of attending the same such a program.

      (b) The cost of instruction for adult supplementary education pro-
grams shall be borne by the school district or community junior college
and the board shall obtain and furnish the necessary teaching personnel
and supplies. Tuition or fees shall be charged by the board to offset ex-
pense of operation of adult supplementary education programs in part or
in total.

      (c) There is hereby established in every school district and in every
community junior college a fund which shall be called the adult supple-
mentary education fund, which fund shall consist of all moneys deposited
therein or transferred thereto according to law. All moneys received by
a board for adult supplementary education shall be deposited in the adult
supplementary education fund established by this section. The expenses
of a school district or a community junior college attributable to adult
supplementary education shall be paid from the adult supplementary ed-
ucation fund.

      Sec.  120. On July 1, 1999, K.S.A. 72-4530 shall be and is hereby
amended to read as follows: 72-4530. (a) The state board of education
regents may adopt rules and regulations relating to the processing and
issuance of general educational development (GED) credentials.

      (b) Each application to the state board of education regents for is-
suance or duplication of general educational development credentials
shall be accompanied by a fee which shall be established by the state
board of education regents and shall be in an amount of not more than
$10. On or before August 1, 1999, and on or before July 1 of each year
thereafter, commencing in 1982, the state board of education regents shall
determine the amount of revenue which will be required to properly
administer the provisions of this section during the next ensuing fiscal
year, and shall establish the GED credentials processing fee for such year
in the amount deemed necessary for such purposes. Such fee shall be-
come effective on the succeeding January 1 of each year. The state board
of education regents shall remit all moneys received by or for it from
GED credentials processing fees to the state treasurer at least monthly.
Upon receipt of each such remittance, the state treasurer shall deposit
the entire amount thereof in the state treasury and the same shall be
credited to the GED credentials processing fees fund, which fund is
hereby established in the state treasury, and shall be used only for the
payment of expenses connected with the processing, issuance or dupli-
cation of GED credentials, and for the keeping of records by the state
department of education board of regents. All expenditures from the
GED credentials processing fees fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the state board of education
regents or by a person or persons designated by it the state board.

      Sec.  121. On July 1, 1999, K.S.A. 1998 Supp. 72-4919 shall be and
is hereby amended to read as follows: 72-4919. As used in this act:

      (a) ``Proprietary school'' or ``school'' means any business enterprise,
whether operated on a profit or not-for-profit basis, which:

      (1) Maintains a place of business within the state of Kansas, or solicits
business within the state of Kansas;

      (2) is not specifically exempted by the provisions of this act; and

      (3) offers a course or courses of instruction or study through class-
room contact or by correspondence, or both, for the purpose of training
or preparing persons for a field of endeavor in a business, trade, technical,
or industrial occupation, except as hereinafter excluded.

      (b) ``Owner'' of a school means:

      (1) In the case of a school owned by an individual, that individual;

      (2) in the case of a school owned by a partnership, all full, silent, and
limited partners; and

      (3) in the case of a school owned by a corporation, the corporation,
its directors, officers and each shareholder owning shares of issued and
outstanding stock aggregating at least 10% of the total of the issued and
outstanding shares.

      (c) ``Branch school'' means any subsidiary place of business main-
tained within the state of Kansas by a school at a site which is separate
from the site of the principal place of business maintained by the school
and at which subsidiary place of business the school offers a course or
courses of instruction or study identical to the course or courses of in-
struction or study offered by the school at its principal place of business.

      (d) ``School employee'' means any person, other than an owner, who
directly or indirectly receives compensation from a proprietary school for
services rendered.

      (e) ``Representative'' means any person employed by a proprietary
school to act as an agent, solicitor, or broker to procure students or en-
rollees for the school by solicitation within this state at any place other
than the office or a place of business of the school.

      (f) ``State board'' means the state board of education regents, or such
person or persons as may be designated by the state board to administer
the provisions of this act.

      (g) ``Support'' or ``supported'' means the primary source and means
by which a school derives revenue to perpetuate operation of the school.

      (h) ``Person'' means any individual, firm, partnership, association, or
corporation.

      Sec.  122. On July 1, 1999, K.S.A. 72-5015 shall be and is hereby
amended to read as follows: 72-5015. As used in this act: (a) ``Driver
training motor vehicle'' means an automobile or motorcycle acquired by
a board pursuant to an agreement with a motor vehicle manufacturer or
dealer for use in driver training courses; but does not include within its
meaning any motor vehicle which is rented, leased, or owned by any
school district, nonpublic school or community junior college.

      (b) ``Board'' means the board of education of a school district, the
governing authority of any nonpublic school offering any of grades kin-
dergarten through 12 or the board of trustees of any community junior
college.

      (c) ``Multi-vehicle driving range'' means an off-street area in which
several motor vehicles are used simultaneously to provide (1) laboratory
instruction under the supervision of one (1) or more instructors, or (2)
the simultaneous education of several student drivers under the super-
vision of one (1) instructor.

      (d) ``Division'' means the division of vehicles of the department of
revenue.

      (e) ``State board'' means in the case of school districts and nonpublic
schools, the state board of education and in the case of community col-
leges, the state board of regents.

      Sec.  123. On July 1, 1999, K.S.A. 72-5017 shall be and is hereby
amended to read as follows: 72-5017. (a) The state board of education
may adopt rules and regulations for the administration of this act.

      (b) The state department of education board shall prepare, on or
before July 1, 1974, and on or before July 1 of each succeeding year,
prepare a list of schools accredited by the state board of education and
conducting an approved course in driver training. Such list shall be pre-
pared from the reports required under K.S.A. 8-272, and amendments
thereto, and shall be sent to the division and other governmental agencies
having need thereof.

      (c) Any board desiring to conduct driver training courses must first
have such courses approved by the state department of education board
and shall then be eligible to enter into agreements for driver training
motor vehicles.

      Sec.  124. On July 1, 1999, K.S.A. 72-5018 shall be and is hereby
amended to read as follows: 72-5018. No school shall have more than one
(1) driver training motor vehicle for each certified instructor teaching in
a driver training program unless there is an approved program using a
multi-vehicle range. Each such instructor must have an assignment in
driver training. In the event there is an approved program in multi-vehicle
range instruction, the state department of education board shall certify
the number of cars needed.

      Sec.  125. On July 1, 1999, K.S.A. 72-5019 shall be and is hereby
amended to read as follows: 72-5019. No person shall use a driver training
motor vehicle except during driver training course instruction. Any person
using a driver training motor vehicle for purposes other than for such
instruction shall be guilty of a misdemeanor, punishable by a fine not
exceeding fifty dollars ($50.00) $50 for the first offense, and on subse-
quent offenses by a fine not exceeding five hundred dollars ($500.00)
$500. No person shall be in violation of this act in the event he if the
person is required by the dealer or a school administrator to house or
otherwise protect any such vehicle at his the person's home or other
facility.

      Sec.  126. On July 1, 1999, K.S.A. 72-5020 shall be and is hereby
amended to read as follows: 72-5020. The contract of any employee of
any educational institution which participates in the state safety fund, who
officially sanctions the use of driver training motor vehicles in violation
of this act shall have his contract be suspended for the remainder of the
term for which said the contract was made and two (2) or more violations
under this section by any employee of an educational institution in any
one (1) year shall result in the loss of subsequent participation in such
fund by such educational institution.

      Sec.  127. On July 1, 1999, K.S.A. 72-7518a shall be and is hereby
amended to read as follows: 72-7518a. (a) The state board of education,
or any institution under the jurisdiction of such the state board, with the
approval of the state board of education thereof, may apply for, accept
and receive any private donation, gift, grant or bequest made for any
purpose related to the operation or function of such board or institution.
Such board or institution may hold, administer and expend any such gift,
grant or bequest in accordance with any terms or conditions imposed by
the donor.

      (b) The provisions of subsection (a) of this section shall do not apply
to any school district or any community junior college.

      Sec.  128. On July 1, 1999, K.S.A. 72-9002 shall be and is hereby
amended to read as follows: 72-9002. As used in this act:

      (a) ``Board'' means the board of education of a school district, the
governing authority of any nonpublic school offering any of grades kin-
dergarten through 12 in accredited schools, the board of control of an
area vocational-technical school, and the board of trustees of a community
college.

      (b) ``State board'' means, in the case of school districts and nonpublic
schools, the state board of education; and in the case of area vocational-
technical schools and community colleges, the state board of regents.

      (c) ``Employees'' means all certificated employees of school districts
and of nonpublic schools, all instructional and administrative employees
of area vocational-technical schools and all full-time employees of com-
munity colleges.

      (d) ``Full-time employees of community colleges'' means instructional
and administrative employees who are under contract for services to a
community college for a term of not less than nine months and whose
services to a community college are considered their principal employ-
ment.

      (e) ``School year'' means the period from July 1 to June 30.

      (f) ``Accredited'' means accredited by the state board of education.

      Sec.  129. On July 1, 1999, K.S.A. 72-9006 shall be and is hereby
amended to read as follows: 72-9006. (a) Upon request of any board, the
state board shall provide for assistance in the preparation of policies of
personnel evaluation or amendments thereto.

      (b) If, in the case of school districts and nonpublic schools, any board
fails to file an adopted policy as provided by this act, or if any such board
fails to file any adopted amendment to such policy within a reasonable
time after adoption thereof, the state board of education may apply pen-
alties as prescribed by rules and regulations applicable to accreditation of
schools.

      (c) If, in the case of community colleges and area vocational-technical
schools, any board fails to file an adopted policy as provided by this act,
or if any such board fails to file any adopted amendment to such policy
within a reasonable time after adoption thereof, the state board of regents
may apply penalties as prescribed by rules and regulations applicable to
approval of community colleges and area vocational-techncial schools.

      Sec.  130. On July 1, 1999, K.S.A. 72-4424 shall be and is hereby
amended to read as follows: 72-4424. (a) The board of trustees of any
community college may levy a tax of not to exceed two mills for the
purpose of providing revenue for establishing, conducting, maintaining
and administering any vocational education courses or programs approved
by the state board. Such tax levy shall be budgeted and maintained as a
separate fund to be known as the vocational education fund, and no
money in such fund shall be transferred to any other fund of the com-
munity college, except as provided in K.S.A. 79-2958, and amendments
thereto.

      (b) Community colleges shall maintain fund accounting procedures
as may be necessary to assure proper accounting for federal funds for
vocational education special projects, whether received directly from the
federal government or any of its agencies, or received through the state
or any of its agencies. The provisions of this section shall expire on June
30, 2000.

      New Sec.  131. The state board of regents shall conduct a compre-
hensive analysis of the methodology provided in the Kansas higher edu-
cation coordination act for state funding of community colleges and the
municipal university. In conducting such analytical review, the state board
should consider issues such as equity of financial support within and be-
tween sectors of the postsecondary education system, the appropriate
degrees of reliance on various funding sources in financing the total pos-
tsecondary education system, and the degree to which the funding meth-
odology for community colleges and the municipal university, together
with the existing funding mechanisms employed for state educational in-
stitutions, contributes to the enhancement of educational quality and ef-
ficiency in Kansas. In its report, the state board shall present a complete
set of findings together with its analysis and any recommendations for
change to be considered by the 2000 Kansas legislature. The state board
shall submit its report of findings and recommendations to the governor
and the legislative educational planning committee by December 1, 1999.

      Sec.  132. On July 1, 1999, K.S.A. 12-16,102, 13-13a25, as amended
by section 7 of 1999 House Bill No. 2565, 13-13a26, 13-13a27, 13-13a28,
13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-202, 71-
204, 71-211, 71-304, 71-305, 71-306, 71-402, 71-403, 71-601, as amended
by section 1 of 1999 House Bill No. 2060, 71-604, 71-609a, 71-610, 71-
613, 71-615, 71-701, 71-801, 71-802, 71-901, 71-902, 71-1104, 71-1105,
71-1106, 71-1201, 71-1309, 71-1406, 71-1507, 71-1508, 71-1702, 71-
1705, 72-4408, as amended by section 1 of 1999 House Bill No. 2062,
72-4416, 72-4417, 72-4418, 72-4421, 72-4424, 72-4427, 72-4429, 72-
4444, 72-4453, 72-4454, 72-4460, 72-4466, 72-4517, 72-4518, 72-4521,
72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72-5019, 72-5020, 72-
7518a, 72-9002, 72-9006, 74-3202, 74-3203, 74-3204, 74-3205, 79-5021,
79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-5032 and K.S.A.
1998 Supp. 19-101a, 19-101i, 71-201, 71-301, 71-401, 71-406, 71-407, 71-
602, 71-607, 71-609, 71-611, 71-613a, 71-619, 72-4412, as amended by
section 2 of 1999 House Bill No. 2062, 72-4468, 72-4469, 72-4470, 72-
4919 and 74-3201 shall be and are hereby repealed.

      Sec.  133. On July 1, 2000, K.S.A. 71-605, 72-6501, 72-6502, 72-6503,
72-6504, 72-6505, 72-6506, 72-6508 and 72-6509 shall be and are hereby
repealed.

      Sec.  134. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above BILL originated in the
SENATE, and passed that body

____________________________________

SENATE adopted
  Conference Committee Report ______________________________

__________________________________
President of the Senate
__________________________________
Secretary of the Senate
Passed the HOUSE
     as amended ______________________________
HOUSE adopted
  Conference Committee Report ______________________________

__________________________________
Speaker of the House
__________________________________
Chief Clerk of the House
APPROVED ______________________________

__________________________________
Governor