[As Amended by House Committee of the Whole]
         

         
As Amended by House Commettee
         

          Session of 1998
                   
HOUSE BILL No. 2748
         
By Representatives Empson and Reinhardt
         
1-29
          12             AN ACT concerning community colleges; relating to subjects and courses
13             taught under agreements with certain state educational institutions;
14             [affecting determination of out-district tuition and state aid;]
15             amending K.S.A. 1997 Supp. [71-301 and] 71-609 and repealing the
16             existing section [sections].
17            
18       Be it enacted by the Legislature of the State of Kansas:
19           Section 1. K.S.A. 1997 Supp. 71-609 is hereby amended to read as
20       follows: 71-609. (a) No out-district tuition charges, no out-district state
21       aid entitlement, no credit-hour state aid entitlement, and no general state
22       aid entitlement shall be based upon credit hours in any subject or course
23       the principal part of which is taught at a location outside the county of
24       the main campus of the community college, unless the location of such
25       subject or course is specifically authorized by the state board of education.
26           (b) (1) No out-district tuition charges and no out-district state aid
27       entitlement shall be based upon credit hours in any subject or course
28       which is taught in a county in which the main campus of a state educa-
29       tional institution is located, unless the teaching of such subject or course
30       is specifically authorized by the chief executive officer of the state edu-
31       cational institution or by a designee of the chief executive officer. The
32       chief executive officer of each state educational institution may designate
33       and authorize a person or committee to act on behalf of the chief exec-
34       utive officer in granting the authorizations required by this subsection.
35       No authorization required by this subsection shall be considered to be or
36       construed in any manner as an agreement provided for by subsection (c).
37           (2) For the purposes of this subsection, the term ``main campus of a
38       state educational institution'' as applied to Kansas state university of ag-
39       riculture and applied science means and includes the campus of the uni-
40       versity located in Riley county and the campus of the university's college
41       of technology located in Saline county.
42           (3) The provisions of this subsection are subject to the provisions of
43       subsection (c).

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  1           (c) (1) (1) No out-district tuition charges shall be based upon credit
  2       hours in any subject or course all or the principal part of which is taught
  3       at Fort Hays state university or at Wichita state university under an agree-
  4       ment for the teaching of such subject or course entered into by a com-
  5       munity college and either such university. An agreement entered into
  6       under the provisions of this subsection for the teaching of a subject or
  7       course by a community college at Fort Hays state university or at Wichita
  8       state university shall constitute the authorization required by subsection
  9       (b) for the teaching of such subject or course, and no separate authori-
10       zation under subsection (b) shall be required.
11           (2) The provisions of this subsection shall expire on June 30, 1998,
12       unless amended by act of the legislature prior to such date.
13           (2) The provisions of this subsection shall expire on June 30,
14       2000, unless amended by act of the legislature prior to such date.
15           [Sec. 2. On July 1, 1998, K.S.A. 1997 Supp. 71-301 shall be and
16       is hereby amended to read as follows: 71-301. (a) The board of
17       trustees shall charge to and collect from each student tuition at
18       rates per credit hour enrolled which shall be established by the
19       board of trustees.
20           [(b) The board of trustees, in accordance with rules and reg-
21       ulations of the state board, shall determine an amount of out-dis-
22       trict tuition to be charged for each out-district student attending
23       the community college. The board of county commissioners of any
24       county charged with payment of out-district tuition shall levy a tax
25       on all of the taxable property of the county sufficient to pay all out-
26       district tuition charges authorized by this act. The proceeds from
27       the tax levied under authority of this section shall be deposited in
28       a special fund for payment of out-district tuition. Upon receiving
29       a statement of charges for out-district tuition, the board of county
30       commissioners shall allow and pay the same from the special fund
31       within 45 days from the receipt of such statement. If there is in-
32       sufficient or no money in the special fund, out-district tuition shall
33       be paid from the county general fund or from the proceeds of the
34       sale of no-fund warrants issued for the purpose of the payment of
35       out-district tuition. If the board of county commissioners fails to
36       pay such amount at the time required under this subsection, the
37       board of trustees shall notify the state board of such failure to pay
38       and shall certify to the state board the amount to be paid. Upon
39       receipt by the state board of such notification, the amount to be
40       paid as certified to the state board shall become an amount due
41       and owing to the state board. The state board shall notify the board
42       of county commissioners that this amount is now due and owing to
43       the state board. If the board of county commissioners fails to pay

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3

  1       such amount to the state board within 14 days of the receipt of
  2       such notification, the state board shall initiate proceedings under
  3       K.S.A. 75-6201 et seq. for the collection of such money. Money paid
  4       to or collected by the state board under this subsection shall be
  5       deposited in the out-district tuition suspense account which is
  6       hereby created in the state treasury. The state board shall pay
  7       moneys from this account, in accordance with rules and regula-
  8       tions of the state board, to the community colleges entitled to re-
  9       ceive such money.
10           [(c) The total out-district tuition charged by a community col-
11       lege shall be an amount equal to the number of duly enrolled out-
12       district students times $24 for each credit hour of each such stu-
13       dent.
14           [(d) (1) Out-district tuition shall only be charged for credit hours of
15       out-district students if such students, as determined by the state board,
16       have not more than 64 credit hours from any institution of postsecondary
17       education or the students have not more than 72 credit hours and are
18       enrolled in terminal type nursing courses or freshman-sophomore level
19       preengineering courses.
20           [(2) The credit hour limitations prescribed by provision (1) of this
21       subsection do not apply to credit hours of out-district students if such
22       students, as determined by the state board, are enrolled in an approved
23       vocational education program at a community college for the purpose of
24       receiving vocational or technical training or retraining in preparation for
25       gainful employment.
26           [(e) (d) In May of each fiscal year, the board of trustees shall
27       notify the board of county commissioners of the approximate
28       amount of out-district tuition which will be charged to the county
29       in the succeeding fiscal year.
30           [(f) (e) Expenditures for out-district tuition shall be exempt
31       from the budget law of this state to the extent of such payments
32       not anticipated in the budget of the county.
33           [Sec. 3. On July 1, 1998, K.S.A. 1997 Supp. 71-301 shall be and
34       is hereby repealed.]
35           Sec. 2. [4.] K.S.A. 1997 Supp. 71-609 is hereby repealed.
36           Sec. 3. [5.] This act shall take effect and be in force from and after
37       its publication in the Kansas register.
38      
39