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AN ACT concerning higher education; providing for appointment of a
  commissioner thereof; prescribing the duties and functions of the com-
  missioner; amending K.S.A. 74-3203, 74-3204, 74-3267a, 74-3293, 74-
  3294, 74-3299, 74-32,101, 74-32,102, 74-32,103, 74-32,106 and 75-
  2578 and K.S.A. 1996 Supp. 74-3272a, 74-3292, 74-3295, 74-3298,
  74-32,104, 74-32,107, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-
  32,118, 74-32,119, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-
  32,138, 75-2935, 75-4740, 76-727 and 76-745 and repealing the exist-
  ing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 74-3203 is hereby amended to read as follows: 74-
3203. (a) The board of regents is hereby authorized and empowered to
governor shall appoint and fix the salary of an executive officer who a
commissioner of higher education, subject to confirmation by the senate
as provided in K.S.A. 75-4315b, and amendments thereto. The commis-
sioner of higher education shall be appointed by the governor after con-
sideration of a list of nominees submitted by the state board of regents.
The state board of regents shall submit the list of nominees to the governor
for the first appointment to the office of commissioner of higher education
within 30 days after the effective date of this act. The state board of regents
shall submit the list of nominees to the governor for the appointment of
successors in the office of commissioner of higher education within 30
days after a vacancy occurs in the office. The governor shall appoint the
commissioner of higher education within 30 days after receiving the list
of nominees. The commissioner of higher education shall be a member of
the governor's cabinet and shall act as a liaison between the governor and
the state board of regents. The commissioner of higher education shall act
as executive officer for said board; and it shall be the duty of said executive
officer to the state board of regents, shall attend all meetings of the state
board of regents, keep a full and correct record of its proceedings, which,
when approved, shall be signed by the chairman chairperson of the state
board, and perform such other duties as the state board may require.
  (b)  The commissioner of higher education shall serve at the pleasure
of the governor, shall receive an annual salary fixed by the governor and,
in addition to the duties specified in subsection (a), shall perform such
duties as the governor may require. The commissioner of higher education
shall perform such other duties as may be prescribed by law.
  Sec. 2.  On July 1, 1997, K.S.A. 74-3204 shall be and is hereby
amended to read as follows: 74-3204. The state board of regents created
by this act shall meet in Topeka at least quarterly in each year on dates
fixed by the state board in Topeka. Special meetings may be held upon
the call of the chairman chairperson or upon the petition to the secretary
commissioner of higher education of five (5) members of the board, the
date and place of all special meetings to be designated in the call. Five
(5) members of said the board of regents shall constitute a quorum for
the transaction of business, but a less lesser number may adjourn any
regular or special called meeting to a definite time and place.
  Sec. 3.  On July 1, 1997, K.S.A. 74-3267a shall be and is hereby
amended to read as follows: 74-3267a. There is hereby created in the
state treasury the osteopathic scholarship repayment fund. The state
board of regents shall remit all moneys received under K.S.A. 74-3247,
74-3248 and 74-3267, and amendments thereto, 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 such
amount shall be credited to the osteopathic scholarship repayment fund.
All expenditures from the osteopathic scholarship repayment fund shall
be for scholarships under K.S.A. 74-3265, and amendments thereto, and
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the executive officer of the state board of regents commissioner of
higher education or a person designated by the executive officer com-
missioner.
  Sec. 4.  On July 1, 1997, K.S.A. 1996 Supp. 74-3272a shall be and is
hereby amended to read as follows: 74-3272a. (a) There is hereby created
in the state treasury the optometry education repayment fund. The state
board of regents shall remit all moneys received under K.S.A. 74-3272,
and amendments thereto, 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 such amount shall be credited
to the optometry education repayment fund. All expenditures from the
optometry education repayment fund shall be for  payment of amounts
for guaranteed admission and continued enrollment of designated per-
sons at accredited schools or colleges of optometry in a course of instruc-
tion leading to a degree in optometry in accordance with a contract under
K.S.A. 76-721a, and amendments thereto. Such expenditures shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
executive officer of the state board of regents commissioner of higher
education or a person designated by the executive officer commissioner.
  (b)  On the effective date of this act, the director of accounts and
reports shall transfer from the state general fund to the optometry edu-
cation repayment fund an amount equal to the amount received by the
board of regents under K.S.A 74-3272, and amendments thereto, and
remitted to the state treasurer since January 1, 1993, for credit to the
state general fund.
  Sec. 5.  On July 1, 1997, K.S.A. 1996 Supp. 74-3292 shall be and is
hereby amended to read as follows: 74-3292. As used in this act:
  (a)  ``Committee'' means the nursing scholarship review committee
established under K.S.A. 74-3299 and amendments thereto.
  (b)  ``Executive officer''  ``Commissioner'' means the executive officer
of the state board of regents commissioner of higher education appointed
under K.S.A. 74-3203, and amendments thereto.
  (c)  ``Rural area'' means any county of this state other than Douglas,
Johnson, Sedgwick, Shawnee and Wyandotte counties.
  (d)  ``School of nursing'' means a school within the state of Kansas
which is approved by the state board of nursing to grant a diploma, as-
sociate degree or baccalaureate degree in professional nursing or practical
nursing.
  (e)  ``Sponsor'' means any adult care home licensed under the adult
care home licensure act, any medical care facility licensed under K.S.A.
65-425 et seq. and amendments thereto, any psychiatric hospital licensed
under K.S.A. 75-3307b, and amendments thereto, and any state agency
which employs licensed practical nurses or licensed professional nurses.
  Sec. 6.  On July 1, 1997, K.S.A. 74-3293 shall be and is hereby
amended to read as follows: 74-3293. (a) There is hereby established the
nursing student scholarship program. A scholarship may be awarded un-
der the nursing student scholarship program to any qualified nursing stu-
dent enrolled in or admitted to a school of nursing in a course of instruc-
tion leading to licensure as a licensed professional nurse or licensed
practical nurse. The number of new scholarships awarded under the nurs-
ing student scholarship program in each year shall not exceed 250. Of
this number, except as otherwise provided in this section, 100 scholarships
shall be awarded to nursing students whose sponsors are located in rural
areas and who are enrolled in a course of instruction leading to licensure
as a registered professional nurse, 50 scholarships shall be awarded for
nursing students enrolled in or admitted to a school of nursing operated
by a community college, area vocational-technical school or area voca-
tional school in a course of instruction leading to licensure as a licensed
practical nurse and the remaining 100 scholarships shall be awarded to
any nursing students who have a sponsor and who are enrolled in a course
of instruction leading to licensure as a registered professional nurse. If
all scholarships authorized to be awarded under this section to nursing
students whose sponsors are located in rural areas have not been awarded
by a date established by the state board of regents, the scholarships which
have not been awarded by that date may be awarded to nursing students
who have a sponsor and who are otherwise qualified to be awarded a
scholarship under the nursing student scholarship program. The deter-
mination of the individuals qualified for such scholarships shall be made
by the executive officer commissioner after seeking advice from the com-
mittee. Within each scholarship category prescribed by this subsection,
scholarships shall be awarded on a priority basis to qualified applicants
who have the greatest financial need for such scholarships. To the extent
practicable and consistent with the other provisions of this section, con-
sideration shall be given to minority applicants.
  (b)  Scholarships awarded under the nursing student scholarship pro-
gram shall be awarded for the length of the course of instruction leading
to licensure as a licensed professional nurse or licensure as a licensed
practical nurse in which the student is enrolled in or admitted to unless
otherwise terminated before such period of time. Such scholarships shall
provide to the nursing student receiving the scholarship the payment of
tuition, fees, books, room and board in an amount to not exceed the total
of $3,500 annually. The amount of each scholarship shall be established
annually by the executive officer commissioner and shall be financed
equally by the sponsor of the nursing student and by the state of Kansas
except that if the sponsor is located in a rural area or is a health care
facility which has less than 100 beds, the total amount of the scholarship
financed by such sponsor shall not exceed $1,000 and the balance of such
amount shall be paid by the state of Kansas.
  Sec. 7.  On July 1, 1997, K.S.A. 74-3294 shall be and is hereby
amended to read as follows: 74-3294. (a) An applicant for a scholarship
under the nursing student scholarship program shall provide to the ex-
ecutive officer commissioner, on forms supplied by the executive officer
commissioner, the following information:
  (1)  The name and address of the applicant;
  (2)  the name and address of the school of nursing which the applicant
is enrolled in or to which the applicant has been admitted;
  (3)  the name and address of the sponsor of the applicant and a ver-
ified copy of the agreement entered into by the applicant and the sponsor
in accordance with the provisions of this act; and
  (4)  any additional information which may be required by the execu-
tive officer commissioner.
  (b)  As a condition to awarding a scholarship under this act, the ex-
ecutive officer commissioner and the applicant for a scholarship shall en-
ter into an agreement which shall require that the scholarship recipient:
  (1)  Complete the required course of instruction and attain licensure
with the Kansas state board of nursing as a licensed professional nurse or
a licensed practical nurse;
  (2)  engage in the full-time practice of nursing, or the equivalent to
full-time practice as specified by rules and regulations of the state board
of regents adopted in accordance with the provisions of K.S.A. 74-3297,
and amendments thereto, in the employment of the sponsor in accor-
dance with the agreement entered into by the scholarship recipient and
the sponsor and comply with such other terms and conditions as may be
specified by such agreement;
  (3)  commence the full-time practice of nursing, or the equivalent to
full-time practice as specified by rules and regulations of the state board
of regents adopted in accordance with the provisions of K.S.A. 74-3297,
and amendments thereto, within six months after registration in accor-
dance with the agreement entered into by the scholarship recipient and
the sponsor and continue such full-time practice, or equivalent to full-
time practice, for the total amount of time required under the agreement,
which shall be for a period of not less than the length of the course of
instruction for which the scholarship assistance was provided;
  (4)  maintain records and make reports to the executive officer com-
missioner as may be required by the executive officer commissioner to
document the satisfaction of the obligations under this act and under
agreements entered into with the sponsor; and
  (5)  upon failure to satisfy an agreement to engage in the full-time
practice of nursing, or the equivalent to full-time practice as specified by
rules and regulations of the state board of regents adopted in accordance
with the provisions of K.S.A. 74-3297, and amendments thereto, for the
required period of time under any such agreement, repay to the state and
to the sponsor amounts as provided in K.S.A. 74-3295, and amendments
thereto.
  (c)  Upon the awarding of a scholarship under the nursing student
scholarship program, the sponsor shall pay to the executive officer com-
missioner the amount of such scholarship to be financed by the sponsor.
Each such amount shall be deposited in the nursing student scholarship
program fund in accordance with K.S.A. 74-3298, and amendments
thereto.
  (d)  The sponsorship by a scholarship recipient may be transferred
from one sponsor to another upon the agreement of the original sponsor,
the scholarship recipient and the sponsor to which the sponsorship is to
be transferred. The terms, conditions and obligations of the transferred
agreement shall be substantially similar to the terms, conditions and ob-
ligations of the original agreement. No sponsorship shall be transferred
unless the agreement transferring such sponsorship provides for service
in a rural area and is approved by the executive officer commissioner as
consistent with the provisions of the nursing student scholarship program
and as consistent with any rules and regulations relating thereto adopted
by the state board of regents in accordance with the provisions of K.S.A.
74-3297, and amendments thereto.
  Sec. 8.  On July 1, 1997, K.S.A. 1996 Supp. 74-3295 shall be and is
hereby amended to read as follows: 74-3295. Except as provided in K.S.A.
74-3296, and amendments thereto, upon the failure of any person to
satisfy the obligation under any agreement entered into pursuant to the
nursing student scholarship program, such person shall pay to the exec-
utive officer commissioner an amount equal to the total amount of money
received by such person pursuant to such agreement which was financed
by the state of Kansas plus annual interest at a rate of 15% and shall pay
to the sponsor an amount equal to the total amount of money received
by such person pursuant to such agreement which was financed by the
sponsor plus annual interest at a rate of 15%. Installment payments of
any such amounts may be made in accordance with the provisions of
agreements entered into by the scholarship recipient and the sponsor or
if no such provisions exist in such agreements, in accordance with rules
and regulations of the state board of regents, except that such installment
payments shall commence six months after the date of the action or cir-
cumstances that cause the failure of the person to satisfy the obligations
of such agreements, as determined by the executive officer commissioner
based upon the circumstances of each individual case. Amounts paid un-
der this section to the executive officer commissioner shall be deposited
in the nursing student scholarship repayment fund in accordance with
K.S.A. 74-3298, and amendments thereto.
  Sec. 9.  On July 1, 1997, K.S.A. 1996 Supp. 74-3298 shall be and is
hereby amended to read as follows: 74-3298. (a) There is hereby created
in the state treasury the nursing student scholarship program fund. The
executive officer commissioner shall remit all moneys received from spon-
sors, which are paid under K.S.A. 74-3294, and amendments thereto,
pursuant to scholarship awards, or from a school of nursing, which are
paid because of nonattendance or discontinued attendance by scholarship
recipients and which are attributable to sponsors, under the nursing stu-
dent scholarship program 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 such amount shall be credited
to the nursing student scholarship program fund. All expenditures from
the nursing student scholarship program fund shall be for scholarships
awarded under the nursing student scholarship program or refunds to
sponsors and shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouch-
ers approved by the executive officer commissioner or by a person des-
ignated by the executive officer commissioner.
  (b)  There is hereby created in the state treasury the nursing student
scholarship discontinued attendance fund. The executive officer commis-
sioner shall remit all moneys received under the nursing student schol-
arship program from a school of nursing, which are paid because of non-
attendance or discontinued attendance by scholarship recipients and
which are attributable to sources other than sponsors, to the state treas-
urer at least monthly. Upon receipt of each such remittance the state
treasurer shall deposit the entire amount thereof in the state treasury,
and such amount shall be credited to the nursing student scholarship
discontinued attendance fund. All expenditures from the nursing student
scholarship discontinued attendance fund shall be for scholarships
awarded under the nursing student scholarship program and shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
executive officer commissioner or by a person designated by the executive
officer commissioner.
  (c)  There is hereby created in the state treasury the nursing student
scholarship repayment fund. The executive officer commissioner shall re-
mit all moneys received for amounts paid under K.S.A. 74-3295, and
amendments thereto, 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 such amount shall be credited to the
nursing student scholarship repayment fund. All expenditures from the
nursing student scholarship repayment fund shall be for scholarships
awarded under the nursing student scholarship program and shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
executive officer commissioner or by a person designated by the executive
officer commissioner.
  Sec. 10.  On July 1, 1997, K.S.A. 74-3299 shall be and is hereby
amended to read as follows: 74-3299. (a) There is hereby created the
nursing scholarship review committee which shall consist of the following
members appointed by the governor: One member representing Kansas
hospitals; one member representing Kansas adult care homes; one mem-
ber representing Kansas registered nurses; one member representing
nursing education programs other than at a college or university under
the control and supervision of the state board of regents; and the chief
executive officer of a college or university under the control and super-
vision of the state board of regents which college or university has a school
of nursing.
  (b)  The members of the nursing scholarship review committee ap-
pointed by the governor shall be appointed for three-year terms and until
their successors are appointed and qualified. Upon the vacancy of a po-
sition on the committee appointed by the governor, the governor shall
appoint a person of like qualifications to fill such position. If a vacancy
occurs prior to the expiration of a term, the governor shall appoint a
person of like qualifications to fill such position for the unexpired term.
  (c)  The nursing scholarship review committee shall elect annually
from among its members a chairperson. The committee shall meet on
the call of the chairperson or upon the request of a majority of the mem-
bers of the committee. A majority of the members of the committee shall
constitute a quorum.
  (d)  The nursing scholarship review committee shall provide oversight
of the nursing student scholarship program and shall be advisory to the
executive officer commissioner and the state board of regents in the ad-
ministration of such program. The committee shall exercise such other
powers and duties as may be specified by law.
  (e)  The executive officer commissioner and other office staff of the
state board of regents shall provide staff assistance to the nursing schol-
arship review committee.
  (f)  The members of the nursing scholarship review committee who
are not state officers or employees and who are attending meetings of
such committee, or attending a subcommittee meeting thereof authorized
by such committee, shall be paid amounts provided in subsection (e) of
K.S.A. 75-3223, and amendments thereto. Amounts paid under this sub-
section (f) shall be from appropriations to the state board of regents upon
warrants of the director of accounts and reports issued pursuant to vouch-
ers approved by the executive officer commissioner or a person designated
by the executive officer commissioner.
  Sec. 11.  On July 1, 1997, K.S.A. 74-32,101 shall be and is hereby
amended to read as follows: 74-32,101. As used in this act:
  (a)  ``Executive officer'' ``Commissioner'' means the executive officer
of the state board of regents commissioner of higher education appointed
under K.S.A. 74-3203, and amendments thereto;
  (b)  ``qualified student'' means a person who: (1) Is a resident of the
state of Kansas; (2) has been accepted for admission to or is enrolled full
time in a course of instruction leading to certification in a hard-to-fill
teaching discipline; and (3) has qualified for the award of a scholarship
under the teacher scholarship program on the basis of having demon-
strated scholastic ability, or who has previously so qualified and remains
qualified for renewal of the scholarship on the basis of remaining in good
standing and making satisfactory progress toward completion of the
requirements of the course of instruction in which enrolled;
  (c)  ``hard-to-fill teaching discipline'' means a teaching discipline in
which there is a critical shortage of teachers as determined and specified
by the state board of education.
  Sec. 12.  On July 1, 1997, K.S.A. 74-32,102 shall be and is hereby
amended to read as follows: 74-32,102. (a) There is hereby established
the teacher scholarship program. A scholarship may be awarded under
the teacher scholarship program to any qualified student and may be
renewed for each such student who remains qualified for the scholarship.
The number of new scholarships awarded under the program in each
year shall not exceed 50. Determination of the students qualified for such
scholarships shall be made by the executive officer commissioner. Scho-
lastic ability shall be determined on the basis of any one or more of the
following: (1) High ACT or SAT score; (2) rank in high school graduation
class; (3) cumulative high school or college grade point average; or (4)
any other indicator of scholastic ability which the state board of regents
determines to be demonstrative of potential for successful completion of
a course of instruction leading to certification in a hard-to-fill teaching
discipline. To the extent practicable and consistent with qualification fac-
tors, consideration shall be given to students who are members of ethnic
minority groups.
  (b)  A scholarship awarded under the program shall provide for pay-
ment to a qualified student of a stipend in the amount of $5,000 for an
academic year. A qualified student may be awarded a scholarship for not
more than four academic years of undergraduate study, except that a
qualified student who is enrolled full time in a course of instruction lead-
ing to certification in a hard-to-fill teaching discipline for which graduate
study is required may be awarded a scholarship for the duration of the
course of instruction.
  Sec. 13.  On July 1, 1997, K.S.A. 74-32,103 shall be and is hereby
amended to read as follows: 74-32,103. (a) An applicant for designation
as a qualified student and for the award of a scholarship under the teacher
scholarship program shall provide to the executive officer commissioner,
on forms supplied by the executive officer commissioner, information re-
quired by the executive officer commissioner.
  (b)  As a condition to awarding a scholarship under this act, the ex-
ecutive officer commissioner and the applicant shall enter into an agree-
ment which shall require the applicant to:
  (1)  Complete the required course of instruction leading to certifica-
tion in a hard-to-fill teaching discipline;
  (2)  engage in teaching in a hard-to-fill teaching discipline in Kansas
and comply with such other terms and conditions as may be specified by
such agreement;
  (3)  commence teaching in a hard-to-fill teaching discipline in Kansas
in an accredited public or private elementary or secondary school in ac-
cordance with the agreement, which shall be for a period of not less than
the length of the course of instruction for which the scholarship was
awarded;
  (4)  maintain records and make reports to the executive officer com-
missioner as required by the executive officer commissioner to document
the satisfaction of the obligations under this act and the agreement; and
  (5)  upon failure to satisfy an agreement to engage in teaching in a
hard-to-fill teaching discipline for the required period of time under any
such agreement, repay to the state amounts as provided in K.S.A. 74-
32,104, and amendments thereto.
  Sec. 14.  On and after July 1, 1997, K.S.A. 1996 Supp. 74-32,104 shall
be and is hereby amended to read as follows: 74-32,104. Except as pro-
vided in K.S.A. 74-32,105, and amendments thereto, upon the failure of
any person to satisfy the obligation under any agreement entered into
pursuant to the teacher scholarship program, such person shall pay to the
executive officer commissioner an amount equal to the total amount of
money received by such person pursuant to such agreement plus annual
interest at a rate of 15%, adjusted proportionately for full years of the
obligation that have been satisfied. Installment payments of any such
amounts may be made in accordance with the provisions of the agreement
entered into by the scholarship recipient or if no such provisions exist in
such agreement, in accordance with rules and regulations of the state
board of regents, except that such installment payments shall commence
six months after the date of the action or circumstances that cause the
failure of the person to satisfy the obligations of such agreements, as
determined by the executive officer commissioner based upon the cir-
cumstances of each individual case. Amounts paid under this section to
the executive officer commissioner shall be deposited in the teacher schol-
arship repayment fund in accordance with K.S.A. 74-32,107, and amend-
ments thereto.
  Sec. 15.  On July 1, 1997, K.S.A. 74-32,106 shall be and is hereby
amended to read as follows: 74-32,106. The state board of regents shall
adopt rules and regulations for administration of the teacher scholarship
program and shall establish terms, conditions and obligations which shall
be incorporated into the provisions of any agreement entered into be-
tween the executive officer commissioner and an applicant for the award
of a scholarship under the program. The terms, conditions and obligations
shall be consistent with the provisions of law relating to the program and
shall include, but not be limited to, the circumstances under which eli-
gibility for financial assistance under the program may be terminated, the
amount of financial assistance to be provided, the circumstances under
which obligations may be discharged or forgiven, the amount of money
required to be repaid because of failure to satisfy the obligations under
an agreement and the method of repayment.
  Sec. 16.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,107 shall be and
is hereby amended to read as follows: 74-32,107. (a) There is hereby
created in the state treasury the teacher scholarship program fund. The
executive officer commissioner shall remit all moneys received under the
teacher scholarship program, which are paid because of nonattendance
or discontinuance by scholarship recipients, 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 such amount
shall be credited to the teacher scholarship program fund. All expendi-
tures from the teacher scholarship program fund shall be for scholarships
awarded under the teacher scholarship program and shall be made in
accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the executive
officer commissioner or by a person designated by the executive officer
commissioner.
  (b)  There is hereby created in the state treasury the teacher schol-
arship repayment fund. The executive officer commissioner shall remit
all moneys received under the teacher scholarship program, which are
for payment of amounts pursuant to K.S.A. 74-32,104 and amendments
thereto, 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 such amount shall be credited to the teacher schol-
arship repayment fund. All expenditures from the teacher scholarship
repayment fund shall be for scholarships awarded under the teacher
scholarship program and shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the executive officer commissioner or by a person
designated by the executive officer commissioner.
  Sec. 17.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,113 shall be and
is hereby amended to read as follows: 74-32,113. As used in this act:
  (a)  ``Kansas ethnic minority fellowship program'' means a program
under which grants of financial assistance in the form of fellowships are
awarded to qualified ethnic minority graduate students.
  (b)  ``Qualified ethnic minority graduate student'' means a person
who: (1) Is a citizen of the United States; (2) is a member of an ethnic
minority group; (3) has been accepted for admission to or is enrolled full
time in a graduate program at a state educational institution; and (4) has
qualified for the award of a fellowship under the Kansas ethnic minority
fellowship program on the basis of having demonstrated scholastic ability,
or who has previously so qualified and remains qualified for renewal of
the fellowship on the basis of remaining in good standing and making
satisfactory progress toward completion of the requirements of the grad-
uate program in which enrolled.
  (c)  ``Ethnic minority group'' means a group of persons categorized
as: (1) American Indian; (2) Asian; (3) Black, non-Hispanic; or (4) His-
panic.
  (d)  ``American Indian'' means a person having origins in the original
peoples of North America and who maintains cultural identification
through tribal affiliation or community recognition.
  (e)  ``Asian'' means a person having origins in any of the original peo-
ples of Laos, Vietnam, Cambodia, or Korea.
  (f)  ``Black, non-Hispanic'' means a person having origins in any of the
black racial groups of Africa (except those of Hispanic origin).
  (g)  ``Hispanic'' means a person of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin, regardless
of race.
  (h)  ``State educational institution'' has the meaning ascribed thereto
in K.S.A. 76-711, and amendments thereto.
  (i)  ``Executive officer'' ``Commissioner'' means the executive officer
of the state board of regents commissioner of higher education, appointed
under K.S.A. 74-3203, and amendments thereto.
  Sec. 18.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,114 shall be and
is hereby amended to read as follows: 74-32,114. (a) A fellowship may be
awarded under the Kansas ethnic minority fellowship program to any
qualified ethnic minority graduate student and may be renewed for each
such student who remains qualified for the fellowship. Subject to appro-
priations therefor, the number of new fellowships awarded under the
program in each year shall not exceed 40. Determination of the graduate
students qualified for such fellowships shall be made by the executive
officer commissioner in consultation with the chief academic officers of
the state educational institutions. The state board of regents shall estab-
lish, by rules and regulations, indicators of scholastic ability for determi-
nation of the qualifications of ethnic minority graduate students for the
award of fellowships under the program.
  (b)  A fellowship awarded under the program shall provide for pay-
ment to a qualified ethnic minority graduate student of a stipend in the
amount of $8,000 for an academic year. Such stipends may be enhanced
by the state educational institutions. A qualified ethnic minority graduate
student may be awarded a fellowship in each academic year until the
requirements of the graduate program in which the student is enrolled
are completed.
  Sec. 19.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,115 shall be and
is hereby amended to read as follows: 74-32,115. (a) An applicant for
designation as a qualified ethnic minority graduate student and for the
award of a fellowship under the Kansas ethnic minority fellowship pro-
gram shall provide such information to the executive officer commissioner
as the executive officer commissioner may require.
  (b)  As a condition to awarding a fellowship under this act, the exec-
utive officer commissioner and the applicant shall enter into an agreement
which shall require the applicant to:
  (1)  Complete the requirements of the graduate program in which
enrolled;
  (2)  enter into the employ of an accredited educational institution in
Kansas and continue in such employment for a period of time not less
than the period for which financial assistance was provided under the
program;
  (3)  maintain records and make reports to the executive officer com-
missioner as required by the executive officer commissioner to document
the satisfaction of the obligations under this act and the agreement; and
  (4)  upon failure to satisfy any obligation under this act or the agree-
ment, repay to the state amounts as provided in K.S.A. 1996 Supp. 74-
32,116, and amendments thereto.
  Sec. 20.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,116 shall be and
is hereby amended to read as follows: 74-32,116. Except as provided in
K.S.A. 1996 Supp. 74-32,117, and amendments thereto, upon the failure
of a person to satisfy any obligation under an agreement entered into
pursuant to the Kansas ethnic minority fellowship program, such person
shall pay to the executive officer commissioner an amount equal to the
total amount of money received by such person pursuant to such agree-
ment plus annual interest at a rate of 15%, adjusted proportionately for
full years of performance of the obligations that have been satisfied. In-
stallment payments of any such amounts may be made in accordance with
the provisions of the agreement entered into by the fellowship recipient
or if no such provisions exist in such agreement, in accordance with rules
and regulations of the state board of regents, except that such installment
payments shall commence six months after the date of the action or cir-
cumstances that cause the failure of the person to satisfy the obligations
of such agreements, as determined by the executive officer commissioner
based upon the circumstances of each individual case. Amounts paid un-
der this section to the executive officer commissioner shall be deposited
in the Kansas ethnic minority fellowship program fund in accordance with
K.S.A. 1996 Supp. 74-32,119, and amendments thereto.
  Sec. 21.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,118 shall be and
is hereby amended to read as follows: 74-32,118. The state board of re-
gents shall adopt rules and regulations for administration of the Kansas
ethnic minority fellowship program and shall establish terms, conditions
and obligations which shall be incorporated into the provisions of any
agreement entered into between the executive officer commissioner and
an applicant for the award of a fellowship under the program. The terms,
conditions and obligations shall be consistent with the provisions of law
relating to the program and shall include, but not be limited to, the cir-
cumstances under which eligibility for financial assistance under the pro-
gram may be terminated, the amount of financial assistance to be pro-
vided, the circumstances under which obligations may be discharged or
forgiven, the amount of money required to be repaid because of failure
to satisfy the obligations under an agreement and the method of repay-
ment.
  Sec. 22.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,119 shall be and
is hereby amended to read as follows: 74-32,119. There is hereby created
in the state treasury the Kansas ethnic minority fellowship program fund.
The executive officer commissioner shall remit all moneys received under
the program 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 such amount shall be credited to the
Kansas ethnic minority fellowship program fund. All expenditures from
the Kansas ethnic minority fellowship program fund shall be for fellow-
ships awarded under the program and shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the executive officer commis-
sioner or by a person designated by the executive officer commissioner.
  Sec. 23.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,132 shall be and
is hereby amended to read as follows: 74-32,132. As used in this act:
  (a)  ``Committee'' means the nursing scholarship review committee
established under K.S.A. 74-3299 and amendments thereto.
  (b)  ``Executive officer'' ``Commissioner'' means the executive officer
of the state board of regents commissioner of higher education appointed
under K.S.A. 74-3203, and amendments thereto.
  (c)  ``Educational and training program for advanced registered nurse
practitioners'' means a post-basic nursing education program a graduate
of which meets the education requirements of the board of nursing for a
certificate of qualification as an advanced registered nurse practitioner.
  (d)  ``Medically underserved area'' means an area of this state desig-
nated a medically underserved area by specialty or critically medically
underserved area by specialty under K.S.A. 76-375, and amendments
thereto.
  (e)  ``Rural area'' means any county in this state which has a population
of not more than 20,000 people at the time of application.
  Sec. 24.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,133 shall be and
is hereby amended to read as follows: 74-32,133. (a) There is hereby
established the advanced registered nurse practitioner student scholar-
ship program. Within the limits of appropriations therefor, a scholarship
may be awarded under this program to any qualified student enrolled in
or admitted to an educational and training program for advanced regis-
tered nurse practitioners. The number of scholarships awarded under this
scholarship program in any year shall not exceed 12.
  (b)  The determination of the individuals qualified for such scholar-
ships shall be made by the executive officer commissioner after seeking
advice from the committee. Scholarships shall be awarded on a priority
basis to qualified applicants in the advanced registered nurse practitioner
categories of nurse clinician or nurse practitioner or clinical specialist who
have the greatest financial need for such scholarships and who are resi-
dents of this state. To the extent practicable and consistent with the other
provisions of this section, consideration shall be given to minority appli-
cants.
  (c)  Scholarships awarded under this scholarship program shall be
awarded for the length of the course of instruction required for gradua-
tion as an advanced registered nurse practitioner unless terminated be-
fore such period of time. Such scholarships shall provide to the student
receiving the scholarship the payment of tuition, fees, books, room and
board in an amount not to exceed the total of $15,000 annually. The
amount of each scholarship shall be established annually by the executive
officer commissioner and shall be financed by the state of Kansas.
  Sec. 25.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,134 shall be and
is hereby amended to read as follows: 74-32,134. (a) An applicant for a
scholarship under this scholarship program shall provide to the executive
officer commissioner, on forms supplied by the executive officer commis-
sioner, the following information:
  (1)  The name and address of the applicant;
  (2)  the name and address of the educational and training program for
advanced registered nurse practitioners which the applicant is enrolled
in or to which the applicant has been admitted; and
  (3)  any additional information which may be required by the execu-
tive officer commissioner.
  (b)  As a condition to awarding a scholarship under this act, the ex-
ecutive officer commissioner and the applicant for a scholarship shall en-
ter into an agreement which shall require that the scholarship recipient:
  (1)  Engage in as a full-time student and complete the required course
of instruction leading to the certificate of qualification as an advanced
registered nurse practitioner;
  (2)  engage in full-time practice as an advanced registered nurse prac-
titioner, or the equivalent to full-time practice as specified by rules and
regulations of the state board of regents adopted in accordance with the
provisions of K.S.A. 1996 Supp. 74-32,137, and amendments thereto, in
a rural area or a medically underserved area and comply with such other
terms and conditions as may be specified by such agreement;
  (3)  commence full-time practice, or the equivalent to full-time prac-
tice as specified by rules and regulations of the state board of regents
adopted in accordance with the provisions of K.S.A. 1996 Supp. 74-
32,137, and amendments thereto, in a rural area or medically underserved
area within six months after graduation from the educational and training
program for advanced registered nurse practitioners in accordance with
the agreement entered into by the scholarship recipient and continue
such full-time practice in a rural area or medically underserved area for
the total amount of time required under the agreement, which shall be
for a period of not less than the length of the course of instruction for
which the scholarship assistance was provided;
  (4)  maintain records and make reports to the executive officer com-
missioner as may be required by the executive officer commissioner to
document the satisfaction of the obligation under this act; and
  (5)  upon failure to satisfy an agreement to engage in full-time practice
as an advanced registered nurse practitioner, or the equivalent to full-
time practice as specified by rules and regulations of the state board of
regents adopted in accordance with the provisions of K.S.A. 1996 Supp.
74-32,137, and amendments thereto, in a rural area or medically under-
served area for the required period of time under any such agreement,
repay to the state amounts as provided in K.S.A. 1996 Supp. 74-32,135,
and amendments thereto.
  Sec. 26.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,135 shall be and
is hereby amended to read as follows: 74-32,135. Except as provided in
K.S.A. 1996 Supp. 74-32,136, and amendments thereto, upon the failure
of any person to satisfy the obligation under any agreement entered into
pursuant to this act, such person shall pay to the executive officer com-
missioner an amount equal to the total amount of money received by such
person pursuant to such agreement which is financed by the state of
Kansas plus annual interest at a rate of 15%. Installment payments of
such amounts may be made in accordance with rules and regulations of
the state board of regents, except that such installment payments shall
commence six months after the date of the action or circumstances that
cause the failure of the person to satisfy the obligations of such agree-
ments, as determined by the executive officer commissioner based upon
the circumstances of each individual case. Amounts paid under this sec-
tion to the executive officer commissioner shall be deposited in the ad-
vanced registered nurse practitioner student scholarship program fund in
accordance with K.S.A. 1996 Supp. 74-32,138, and amendments thereto.
  Sec. 27.  On July 1, 1997, K.S.A. 1996 Supp. 74-32,138 shall be and
is hereby amended to read as follows: 74-32,138. There is hereby created
in the state treasury the advanced registered nurse practitioner student
scholarship program fund. The executive officer commissioner shall remit
all moneys received under this act 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 such amount shall be
credited to the advanced registered nurse practitioner student scholarship
program fund. All expenditures from the advanced registered nurse prac-
titioner student scholarship program fund shall be for scholarships
awarded under this act and shall be made in accordance with appropri-
ation acts of the director of accounts and reports issued pursuant to
vouchers approved by the executive officer commissioner or by a person
designated by the executive officer commissioner.
  Sec. 28.  On July 1, 1997, K.S.A. 75-2578 shall be and is hereby
amended to read as follows: 75-2578. There is hereby created a Kansas
library network board, hereinafter referred to as the board, which shall
consist of 10 members:
  (a)  Seven of the members shall be professional librarians, one from
each of seven types of librarians, and shall be selected from a list of three
nominees submitted by each of the professional organizations represent-
ing the following types of librarians: (1) Public librarians; (2) school li-
brarians; (3) regents' librarians; (4) community college librarians; (5) pri-
vate college librarians; (6) regional library systems librarians; and (7)
special librarians. It shall be the responsibility of the state librarian to
collect the names of nominees from the professional organizations of the
librarians and to transmit them to the governor.
  (b)  Three of the members shall be ex officio members and shall have
voting powers. They shall be: (1) The executive officer of the board of
regents commissioner of higher education or the designee of the executive
officer commissioner; (2) the commissioner of education or the designee
of the commissioner; and (3) the state librarian.
  (c)  The appointed members of the board shall hold their respective
offices for a term of three years and until their successors are appointed
and qualified except the first board shall hold their offices for terms as
follows:  From the group of seven librarians appointed pursuant to sub-
section (a): Two shall serve for a term of one year; two for a term of two
years; and three for a term of three years. The governor in making the
appointments shall designate the term for which each member is to serve.
The appointed members of said the board shall not serve more than two
consecutive terms on the board.
  (d)  It shall be the duty of the governor to make appointments, as
defined in subsection (a), to fill vacancies, as they occur, on the board.
Any person appointed to fill an unexpired term shall serve to the end of
the term and until a successor is appointed and qualified.
  Sec. 29.  On July 1, 1997, K.S.A. 1996 Supp. 75-2935 shall be and is
hereby amended to read as follows: 75-2935. The civil service of the state
of Kansas is hereby divided into the unclassified and the classified serv-
ices.
  (1)  The unclassified service comprises positions held by state officers
or employees who are:
  (a)  Chosen by election or appointment to fill an elective office;
  (b)  members of boards and commissions, heads of departments re-
quired by law to be appointed by the governor or by other elective offi-
cers, and the executive or administrative heads of offices, departments,
divisions and institutions specifically established by law;
  (c)  except as otherwise provided under this section, one personal sec-
retary to each elective officer of this state, and in addition thereto, 10
deputies, clerks or employees designated by such elective officer;
  (d)  all employees in the office of the governor;
  (e)  officers and employees of the senate and house of representatives
of the legislature and of the legislative coordinating council and all officers
and employees of the office of revisor of statutes, of the legislative re-
search department, of the division of legislative administrative services,
of the division of post audit and the legislative counsel;
  (f)  chancellor, president, deans, administrative officers, student
health service physicians, pharmacists, teaching and research personnel,
health care employees and student employees in the institutions under
the state board of regents, the executive officer of the board of regents
commissioner of higher education and the executive officer's commissi-
oner's employees other than clerical employees, and, at the discretion of
the state board of regents, directors or administrative officers of depart-
ments and divisions of the institution and county extension agents, except
that this subsection (1)(f) shall not be construed to include the custodial,
clerical or maintenance employees, or any employees performing duties
in connection with the business operations of any such institution, except
administrative officers and directors; as used in this subsection (1)(f),
``health care employees'' means employees of the university of Kansas
medical center who provide health care services at the university of Kan-
sas medical center and who are medical technicians or technologists or
respiratory therapists, who are licensed professional nurses or licensed
practical nurses, or who are in job classes which are designated for this
purpose by the chancellor of the university of Kansas upon a finding by
the chancellor that such designation is required for the university of Kan-
sas medical center to recruit or retain personnel for positions in the des-
ignated job classes; and employees of any institution under the state board
of regents who are medical technologists;
  (g)  operations, maintenance and security personnel employed to im-
plement agreements entered into by the adjutant general and the federal
national guard bureau, and officers and enlisted persons in the national
guard and the naval militia;
  (h)  persons engaged in public work for the state but employed by
contractors when the performance of such contract is authorized by the
legislature or other competent authority;
  (i)  persons temporarily employed or designated by the legislature or
by a legislative committee or commission or other competent authority
to make or conduct a special inquiry, investigation, examination or in-
stallation;
  (j)  officers and employees in the office of the attorney general and
special counsel to state departments appointed by the attorney general,
except that officers and employees of the division of the Kansas bureau
of investigation shall be in the classified or unclassified service as provided
in K.S.A. 75-711 and amendments thereto;
  (k)  all employees of courts;
  (l)  client, patient and inmate help in any state facility or institution;
  (m)  all attorneys for boards, commissions and departments;
  (n)  the secretary and assistant secretary of the Kansas state historical
society;
  (o)  physician specialists, dentists, dental hygienists, pharmacists,
medical technologists and long term care workers employed by the de-
partment of social and rehabilitation services;
  (p)  physician specialists, dentists and medical technologists employed
by any board, commission or department or by any institution under the
jurisdiction thereof;
  (q)  student employees enrolled in public institutions of higher learn-
ing;
  (r)  administrative officers, directors and teaching personnel of the
state board of education and the state department of education and of
any institution under the supervision and control of the state board of
education, except that this subsection (1)(r) shall not be construed to
include the custodial, clerical or maintenance employees, or any employ-
ees performing duties in connection with the business operations of any
such institution, except administrative officers and directors;
  (s)  all officers and employees in the office of the secretary of state;
  (t)  one personal secretary and one special assistant to the following:
The secretary of administration, the secretary of aging, the secretary of
agriculture, the secretary of commerce and housing, the secretary of cor-
rections, the secretary of health and environment, the superintendent of
the Kansas highway patrol, the secretary of human resources, the secre-
tary of revenue, the secretary of social and rehabilitation services, the
secretary of transportation and the secretary of wildlife and parks;
  (u)  one personal secretary and one special assistant to the chancellor
and presidents of institutions under the state board of regents;
  (v)  one personal secretary and one special assistant to the executive
vice chancellor of the university of Kansas medical center;
  (w)  one public information officer and one chief attorney for the fol-
lowing: The department of administration, the department on aging, the
department of agriculture, the department of commerce and housing, the
department of corrections, the department of health and environment,
the department of human resources, the department of revenue, the de-
partment of social and rehabilitation services, the department of trans-
portation and the Kansas department of wildlife and parks;
  (x)  civil service examination monitors;
  (y)  one executive director, one general counsel and one director of
public affairs and consumer protection in the office of the state corpo-
ration commission;
  (z)  specifically designated by law as being in the unclassified service;
and
  (aa)  all officers and employees of Kansas, Inc., the Kansas technology
enterprise corporation and the corporation for change.
  (2)  The classified service comprises all positions now existing or here-
after created which are not included in the unclassified service. Appoint-
ments in the classified service shall be made according to merit and fitness
from eligible pools which so far as practicable shall be competitive. No
person shall be appointed, promoted, reduced or discharged as an officer,
clerk, employee or laborer in the classified service in any manner or by
any means other than those prescribed in the Kansas civil service act and
the rules adopted in accordance therewith.
  (3)  For positions involving unskilled, or semiskilled duties, the sec-
retary of administration, as provided by law, shall establish rules and reg-
ulations concerning certifications, appointments, layoffs and reemploy-
ment which may be different from the rules and regulations established
concerning these processes for other positions in the classified service.
  (4)  Officers authorized by law to make appointments to positions in
the unclassified service, and appointing officers of departments or insti-
tutions whose employees are exempt from the provisions of the Kansas
civil service act because of the constitutional status of such departments
or institutions shall be permitted to make appointments from appropriate
pools of eligibles maintained by the division of personnel services.
  Sec. 30.  On July 1, 1997, K.S.A. 1996 Supp. 75-4740 shall be and is
hereby amended to read as follows: 75-4740. (a) There is hereby estab-
lished the Kansas information resources council which shall be attached
to the department of administration for purposes of administrative func-
tions.
  (b)  The council shall be composed of 20 members as follows:   The
secretary of administration; the secretary of health and environment; the
secretary of human resources; the secretary of revenue; the secretary of
social and rehabilitation services; the secretary of transportation; the ju-
dicial administrator of the Kansas supreme court; the executive director
of the Kansas board of regents commissioner of higher education; the
chairperson of the joint committee on computers and telecommunica-
tions; the commissioner of education; four additional chief administrative
officers of various state agencies; and three representatives from the pri-
vate sector, the chief information architect and the director of the budget
to serve as advisory, nonvoting members. In addition, during those per-
iods of time when the chairperson of the joint committee on computers
and telecommunications is a member of the senate, one member of the
council shall be a member of the house of representatives appointed by
the chairperson of the committee on appropriations of the house of rep-
resentatives and during those periods of time when the chairperson of
the joint committee on computers and telecommunications is a member
of the house of representatives, one member of the council shall be a
member of the senate appointed by the chairperson of the committee on
ways and means of the senate. The four chief administrative officers and
representatives from the private sector shall be appointed by the governor
for a term not to exceed 18 months. Members, other than members ap-
pointed to the council, shall be permanent members on the council. Upon
expiration of a member's term, the member shall continue to hold office
until the appointment of a successor.
  (c)  The secretary of administration shall serve as the interim chair-
person until such time as a permanent chair is determined by the council.
  (d)  The council shall hold meetings and hearings in the city of Topeka
or at such times and places as it designates, on call of the chairperson or
on request of four or more members.
  (e)  Members of the council may not appoint an individual to repre-
sent them on the council.
  (f)  Members of the council shall not be eligible for compensation,
subsistence allowances, mileage or other expenses as provided in K.S.A.
75-3223 and amendments thereto for attendance at any meeting of the
council or any subcommittee meeting authorized by the council, except
that (1) agencies may pay subsistence, mileage and other expenses to their
representatives on the council, and (2) legislators serving as members of
the council shall receive compensation and travel expenses and subsis-
tence expenses or allowances as provided by K.S.A. 75-3212 and amend-
ments thereto.
  Sec. 31.  On July 1, 1997, K.S.A. 1996 Supp. 76-727 shall be and is
hereby amended to read as follows: 76-727. (a) The chief executive officer
of any state educational institution, when approved by the state board of
regents, may extend an invitation to any person to meet with represen-
tatives of such state educational institution for the purpose of consultation
preliminary to such person's possible selection as a member of the un-
classified staff at such state educational institution, and in such case, such
state educational institution may pay the actual and necessary travel and
subsistence expenses of such invitee in meeting with such representatives.
The state board of regents may extend an invitation to any person to meet
with the state board of regents or with representatives of such board for
the purpose of consultation preliminary to such person's possible selec-
tion as chief executive officer of a state educational institution under the
control and supervision of the state board of regents or as executive officer
of the state board of regents nominee for the office of commissioner of
higher education, and in such case, the state board of regents may pay
the actual and necessary travel and subsistence expenses of such invitee
and such invitee's spouse in meeting with the board or with such repre-
sentatives. The travel and subsistence expenses shall be paid from funds
available or appropriated for travel and subsistence.
  (b) (1)  Subject to the limitations of rules and regulations adopted by
the secretary of administration, the state board of regents may agree to
reimburse an applicant for the position of chief executive officer of a state
educational institution or an applicant for nomination for the position of
executive officer of the state board of regents commissioner of higher
education for all or part of the applicant's moving expenses from the
applicant's usual place of out-of-state residence to the applicant's place
of residence in this state as an inducement to the applicant to accept such
position of employment.
  (2)  The amount to be paid for moving expenses shall not exceed the
amount of the actual moving expenses verified by receipts or the amount
of moving expenses for moving 12,000 pounds of household goods, which-
ever is the lesser amount. The applicant shall be required to sign an
agreement that if the applicant leaves the position of employment within
one year from the beginning date of employment, the applicant will re-
imburse the state board of regents the full amount so paid for moving
expenses, and the obligation to repay shall constitute a lien and setoff by
the state against the applicant employee's unpaid wages or salary. The
moving expenses shall be paid from funds available or appropriated for
moving expenses.
  (c)  The provisions of K.S.A. 75-3218 and 75-3219, and amendments
thereto, shall not apply to state educational institutions or to the state
board of regents, except that the provisions of K.S.A. 75-3218, and
amendments thereto, shall apply to employees of the office of the state
board of regents other than the executive officer of the state board of
regents commissioner of higher education.
  (d)  The chief executive officer of any state educational institution, or
any person or persons designated by such officer for the purpose, with
the approval of the state board of regents, may travel to any place or
places in the United States for the purpose of interviewing persons as
prospective members of the faculty of such state educational institution,
and in such case, such state educational institution shall pay the trans-
portation and subsistence expenses of persons making such trips. The
travel and subsistence shall be paid at the same rates and subject to the
same limitations as now provided for state employees for out-of-state
travel. The travel and subsistence shall be paid from funds available or
appropriated for travel and subsistence.
  Sec. 32.  On July 1, 1997, K.S.A. 1996 Supp. 76-745 shall be and is
hereby amended to read as follows: 76-745. (a) As used in this section
``negotiating committee'' means a committee to negotiate as provided in
this act, and consisting of the executive officer of the state board of re-
gents commissioner of higher education or a person designated by the
executive officer commissioner, two representatives of the state educa-
tional institutions as designated by the state board of regents and the
director of purchases or a person designated by the director of purchases,
except that for collection services for hospital revenue collection for the
university of Kansas medical center, the negotiating committee shall con-
sist of the chairperson of the state board of regents or a person designated
by the chairperson, the attorney general or a person designated by the
attorney general, and the chancellor of the university of Kansas or a per-
son designated by the chancellor.
  (b)  The state board of regents shall convene a negotiating committee
to obtain collection services. The negotiating committee is authorized to
negotiate contracts with one or more qualified parties to provide collec-
tion services for the state educational institutions and such contracts may
be entered on a multi-year basis, except in the case of collection services
for hospital revenue collection for the university of Kansas medical center,
each contract for such collection services shall be negotiated on the basis
of criteria prescribed by the university of Kansas medical center and shall
be entered into by the university of Kansas medical center and one or
more qualified parties.
  (c)  Prior to negotiating for collection services, the committee shall
advertise for proposals, negotiate with firms submitting proposals and
select among those submitting such proposals the party or parties to con-
tract with for the purposes of collection services.
  (d)  Contracts entered into pursuant to this section shall not be subject
to the provisions of K.S.A. 75-3738 to 75-3740a, inclusive, and amend-
ments thereto.
  New Sec. 33.  (a) On July 1, 1997, the office of executive officer of
the state board of regents, provided to be appointed under K.S.A. 74-
3203, prior to amendment of such statutory section by this act, shall be
and hereby is abolished. All of the powers, duties and functions of the
executive officer of the board of regents hereby are transferred to and
conferred upon the commissioner of higher education.
  (b)  The commissioner of higher education shall be the successor in
every way to the powers, duties and functions of the executive officer of
the state board of regents in which the same were vested prior to July 1,
1997.  Every act performed in the exercise of such powers, duties and
functions by or under the authority of the commissioner of higher edu-
cation shall be deemed to have the same force and effect as if performed
by the executive officer of the state board of regents in which such pow-
ers, duties and functions were vested prior to July 1, 1997.
  (c)  On and after July 1, 1997, whenever the executive officer of the
state board of regents, or words of like effect, is referred to in or desig-
nated by a statute, contract or other document, such reference or des-
ignation shall be deemed to apply to the commissioner of higher educa-
tion.
  Sec. 34.  K.S.A. 74-3203 is hereby repealed.
  Sec. 35.  On July 1, 1997, K.S.A. 74-3204, 74-3267a, 74-3293, 74-
3294, 74-3299, 74-32,101, 74-32,102, 74-32,103, 74-32,106 and 75-2578
and K.S.A. 1996 Supp. 74-3272a, 74-3292, 74-3295, 74-3298, 74-32,104,
74-32,107, 74-32,113, 74-32,114, 74-32,115, 74-32,116, 74-32,118, 74-
32,119, 74-32,132, 74-32,133, 74-32,134, 74-32,135, 74-32,138, 75-2935,
75-4740, 76-727 and 76-745 are hereby repealed.
  Sec. 36.  This act shall take effect and be in force from and after its
publication in the Kansas register.