HB 2164--
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HOUSE BILL No. 2164
By Committee on Education
1-31
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AN ACT concerning community colleges; providing for payments of state capital outlay aid; amending K.S.A. 72-4440, 72-4441 and 72-4442 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 72-4440 is hereby amended to read as follows: 72- 4440. As used in this act: (a) ``Area vocational school,'' ``area vocational-technical school,'' ``community college,'' ``board,'' ``state board'' and ``school year'' have the meanings respectively ascribed thereto in K.S.A. 72-4412, and amend- ments thereto. (b) ``Operating budget'' shall have has the meaning ascribed thereto in K.S.A. 72-4430, and amendments thereto. (c) ``School'' means any area vocational school and, any area voca- tional-technical school, and any community college. (d) ``Vocational education State capital outlay aid'' means state finan- cial aid distributed under this act by the state board to a school for the purpose of construction, reconstruction, repair, remodeling, additions to, furnishing and equipping of school buildings, architectural expenses in- cidental thereto, the acquisition of buildings for school purposes and school building sites and the acquisition of equipment. Sec. 2. K.S.A. 72-4441 is hereby amended to read as follows: 72- 4441. (a) There is hereby established in every area vocational-technical school a fund which shall be called the ``vocational education capital outlay fund,'' which fund shall consist of all moneys deposited therein or trans- ferred thereto according to law. All moneys received by an area voca- tional-technical school from distributions made under this act shall be credited to the vocational education capital outlay fund. (b) Any moneys received, prior to or after the effective date of this act, by an area vocational-technical school from donations, gifts, grants or bequests, subject to any terms or conditions to the contrary imposed by the donor thereof, may be transferred to or deposited in the vocational education capital outlay fund and may be expended by the area voca- tional-technical school for any purpose for which vocational education state capital outlay aid may lawfully be expended. Sec. 3. K.S.A. 72-4442 is hereby amended to read as follows: 72- 4442. The amount of vocational education state capital outlay aid for each school shall be determined by the state board on the basis of need and the condition of existing facilities and equipment and payments thereof shall be distributed on payment dates to be determined by the state board. The state board shall certify to the director of accounts and reports the amount due as vocational education state capital outlay aid to each school five days before each payment date. The director of accounts and reports shall draw warrants on the state treasurer payable to the treasurer of each school entitled to payment of vocational education state capital outlay aid, pursuant to vouchers approved by the state board or by a person or per- sons designated by the state board. Upon receipt of such warrant, the treasurer of each area vocational school shall deposit the amount thereof to the credit of the area vocational school fund. The treasurer of each area vocational-technical school shall deposit the amount of such warrant to the credit of the vocational education capital outlay fund established by this act. The treasurer of each community college shall deposit the amount of such warrant to the credit of the capital outlay fund. In the event any school is paid more than it is entitled to receive under any distribution made under this act, the state board shall notify the school of the amount of such overpayment, and such school shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer, and the state treasurer shall deposit the same in the state treasury to the credit of the state general fund. If any such school fails so to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to such school. In the event any school is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year. Sec. 4. K.S.A. 72-4440, 72-4441 and 72-4442 are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.