CHAPTER 176 SENATE BILL No. 510
      An Act concerning higher education; affecting residence requirements for students en-
      rolling at the state educational institutions; providing for expiration of certain limitations
      upon determination of out-district tuition and state aid for community colleges; relating
      to subjects and courses taught by community colleges under agreements with certain
      state educational institutions; amending K.S.A. 76-729 and K.S.A. 1997 Supp. 71-301
      and 71-609 and repealing the existing sections.

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

Section 1. On July 1, 1998, K.S.A. 76-729 shall be and is hereby
amended to read as follows: 76-729. (a) Persons enrolling at the state
educational institutions under the control and supervision of the state
board of regents who, if such persons are adults, have not been domicil-
iary residents of the state of Kansas or, if such persons are minors, whose
parents have not been domiciliary residents of the state of Kansas for at
least 12 months prior to enrollment for any term or session at a state
educational institution are nonresidents residents for fee purposes. A per-
son who has been a resident of the state of Kansas for fee purposes and
who leaves the state of Kansas to become a resident of another state or
country shall retain status as a resident of the state of Kansas for fee
purposes if the person returns to domiciliary residency in the state of
Kansas within 12 months of departure. All other persons are nonresidents
of the state of Kansas for fee purposes.

(b) The state board of regents may authorize the following persons,
or any class or classes thereof, and their spouses and dependents to pay
an amount equal to resident fees:

(1) Persons who are employees of a state educational institution;

(2) persons who are in military service;

(3) persons who are domiciliary 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 dom-
iciliary residence was not timely enough established to meet the residence
duration requirement of subsection (a);

(4) persons having special domestic relations circumstances;

(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, 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;

(7) persons who are domiciliary residents of the state, whose domi-
ciliary residence was established in the state for the purpose of accepting,
upon recruitment by an employer, or retaining, upon transfer required
by an employer, a position of full-time employment at a place of employ-
ment in Kansas, but the domiciliary residence of whom was not timely
enough established to meet the residence duration requirement of sub-
section (a), and who are not otherwise eligible for authorization to pay an
amount equal to resident fees under this subsection; and

(8) persons who have graduated from a high school accredited by the
state board of education within six months of enrollment and who, at the
time of graduation from such a high school or while enrolled and in at-
tendance at such a high school prior to graduation therefrom, were de-
pendents of a person in military service within the state; if the person,
whose dependent is eligible for authorization to pay an amount equal to
resident fees under this provision, does not establish domiciliary resi-
dence in the state upon retirement from military service, eligibility of the
dependent for authorization to pay an amount equal to resident fees shall
lapse.

(c) As used in this section:

(1) ``Parents'' means and includes natural parents, adoptive parents,
stepparents, guardians and custodians.

(2) ``Guardian'' has the meaning ascribed thereto by K.S.A. 59-3002,
and amendments thereto.

(3) ``Custodian'' means a person, agency or association granted legal
custody of a minor under the Kansas code for care of children.

(4) ``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.

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

Sec. 2. On July 1, 1998, K.S.A. 1997 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.

Sec. 3. K.S.A. 1997 Supp. 71-609 is hereby amended to read as fol-
lows: 71-609. (a) No out-district tuition charges, no out-district state aid
entitlement, no credit-hour state aid entitlement, and no general state aid
entitlement 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 the community college, unless the location of such sub-
ject or course is specifically authorized by the state board of education.

(b) (1) No out-district tuition charges and no out-district state aid
entitlement 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 educa-
tional institution is located, unless the teaching of such subject or course
is specifically authorized by the chief executive officer of the state edu-
cational 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 exec-
utive 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) (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, 1998
2000, unless amended by act of the legislature prior to such date.

Sec. 4. K.S.A. 1997 Supp. 71-609 is hereby repealed.

Sec. 5. On July 1, 1998, K.S.A. 76-729 and K.S.A. 1997 Supp. 71-
301 shall be and are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 13, 1998

Published in the Kansas Registers May 21, 1998

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