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 9  AN ACT relating to affiliation of community colleges and technical col-
10    leges with state educational institutions under the control and super-
11    vision of the state board of regents; prescribing certain procedures and
12    guidelines therefor.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  Sections 1 through 6, and amendments thereto, shall be
16  known and may be cited as the community and technical college affiliation
17  act.
18    Sec. 2.  (a) The board of trustees or other governing body of any
19  community college or technical college organized and operating under
20  the laws of Kansas may proceed to affiliate the community college or
21  technical college with and make it a part of a state educational institution
22  under the control and supervision of the state board of regents, in accor-
23  dance with and subject to the provisions of the community and technical
24  college affiliation act and subject to the specific approval by act of the
25  legislature.
26    (b)  The act of the legislature specifically approving a proposed affil-
27  iation shall include provisions:
28    (1)  Specifying the community college or technical college and the
29  state educational institution that are affiliating and making any name
30  changes or other designations or redesignations that are required;
31    (2)  prescribing the effective date of the affiliation and any necessary
32  transition periods that may be required for the conveyance of campus
33  property and any other property and records of the community college
34  or technical college to the state educational institution;
35    (3)  authorizing or prescribing procedures for the conveyance of cam-
36  pus property and other property and records of the affiliated community
37  college or technical college to the state educational institution;
38    (4)  prescribing guidelines for the academic and administrative poli-
39  cies and procedures for the activities and operations of the affiliated com-
40  munity college or technical college, including any exemptions and excep-
41  tions from otherwise applicable state accounting, architectural, auditing,
42  budgeting, building construction, legal, payroll, personnel, printing, pur-
43  chasing and other administrative statutes and the procedures, policies and
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 1  rules and regulations established or adopted thereunder for the regulation
 2  of the activities and operations of, or the provision of services for, state
 3  educational institutions in particular or state agencies in general;
 4    (5)  prescribing or authorizing personnel policies and procedures for
 5  the personnel of the affiliated community college or technical college,
 6  including the salaries and wages and fringe benefits, or providing for the
 7  transfer of such personnel into the state personnel system and providing
 8  any required guidelines, exceptions or limitations that may be required
 9  with respect thereto;
10    (6)  providing for the creation or continuance of any new or existing
11  local boards, committees or other entities that may be required with re-
12  spect to the activities or operations of the affiliated community college or
13  technical college or the support of the affiliated community college or
14  technical college;
15    (7)  providing statutory authorization for the levy of any local property
16  taxes which may be required and to provide that any such levy shall com-
17  mence being levied no earlier than the first taxable year commencing
18  after the effective date of the affiliation or providing for the enactment
19  of other statutes that may be required to provide any other funding sup-
20  port that may be required for the affiliated community college or tech-
21  nical college and prescribing the authorized uses or other disposition of
22  the proceeds of any such tax or other funding support; and
23    (8)  providing any other permanent or transitional provisions as may
24  be required for the purposes of the affiliation of the community college
25  or technical college with the state educational institution.
26    Sec. 3.  (a) To request approval for affiliation with a specific state
27  educational institution under the control and supervision of the state
28  board of regents, the board of trustees or other governing body of a
29  community college or technical college shall prepare and submit to the
30  state board of regents a petition to affiliate the community college or
31  technical college with the state educational institution. The petition for a
32  proposed affiliation may be submitted to the state board of regents on or
33  before July 1 of any year. The petition shall include:
34    (1)  The name of the state educational institution with which the com-
35  munity college or technical college is to affiliate and the official name of
36  the affiliated community college or technical college after affiliation;
37    (2)  a proposal encompassing the mission and accreditation of the af-
38  filiated community college or technical college and the relationship of the
39  affiliated community college or technical college with the state educa-
40  tional institution;
41    (3)  a plan for the disposition of the existing programs, services, activ-
42  ities, campus property and personnel of the community college or tech-
43  nical college by the transfer to the state educational institution or by other
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 1  transfer or disposition;
 2    (4)  a detailed description of the campus property of the community
 3  college or technical college;
 4    (5)  a detailed description of the characteristics of any outstanding,
 5  short-term or long-term debt of the community college or technical col-
 6  lege that is expected to exist on the effective date of the affiliation and a
 7  plan for the satisfaction of such debt; and
 8    (6)  such other plans and information as may be required to appro-
 9  priately address the circumstances of the proposed affiliation, including
10  any special characteristics of the community college or technical college
11  or the state educational institution.
12    Sec. 4.  Prior to adoption of a resolution to affiliate a community col-
13  lege or technical college with a state educational institution, the board of
14  trustees or other governing body of the community college or technical
15  college shall prepare a proposal therefor, which shall include a proposed
16  petition for affiliation. The board of trustees or other governing body shall
17  hold one or more public hearings to receive public comment on the pro-
18  posed affiliation and the proposed petition therefor. In advance of each
19  such public hearing, the board of trustees or other governing body shall
20  publish a notice of the proposed affiliation and the public hearing thereon
21  in a newspaper having general circulation in the county in which the
22  primary campus of the community college or technical college is located.
23  After a public hearing on the proposed affiliation and the proposed pe-
24  tition therefor, the petition shall be prepared in final form by the board
25  of trustees or other governing body. Upon adoption of a resolution ap-
26  proving the petition by the board of trustees or other governing body,
27  the petition may be submitted to the state board of regents.
28    Sec. 5.  The state board of regents shall study and act to approve or
29  disapprove each petition submitted by a community college or technical
30  college for affiliation pursuant to section 4 and amendments thereto. The
31  state board of regents shall act on each such petition no later than October
32  1 of the year in which the petition was received on or before July 1. After
33  acting to approve or disapprove each such petition, the state board of
34  regents shall prepare and submit a report regarding the proposed affili-
35  ation of a community college or technical college with a state educational
36  institution, including a statement of the action taken by the board, the
37  rationale therefor and any recommendations relating thereto, to the leg-
38  islature at the next ensuing regular session thereof.
39    Sec. 6.  Except as otherwise specifically provided by statute, each
40  community college or technical college that is specifically approved for
41  affiliation with a state educational institution by act of the legislature shall
42  be considered to be a part of the affiliated state educational institution
43  for all purposes under law and shall be subject to the control and super-
HB 2492
                                     

 1  vision of the state board of regents as provided by statute for state edu-
 2  cational institutions.
 3    Sec. 7.  This act shall take effect and be in force from and after its
 4  publication in the Kansas register.