Session of 1999
HOUSE BILL No. 2044
By Representatives Sloan, Ballard, Findley, Flower and Tanner
1-19
9 AN ACT concerning Haskell Indian nations university; providing for
10 credit hour state aid and out-district state aid.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) As used in this section, the term "credit hour" means
14 one hour of instruction per week for 18 weeks or the equivalent thereof
15 in a subject or course at a level not higher than those subjects or courses
16 normally offered to freshmen and sophomores in four-year institutions of
17 postsecondary education, which subject or course is approved by the state
18 board of education. Credit hour does not include within its meaning any
19 hour of instruction in a subject or course taken by a student enrolled for
20 audit or in any subject or course not approved by the state board of
21 education. The state board of education, in consultation with the state
22 board of regents, shall determine which subjects and courses offered by
23 Haskell Indian nations university are at the level of freshmen and soph-
24 omore subjects and courses offered in the state educational institutions
25 and shall not approve any subject or course offered at a higher level.
26 (b) (1) Haskell Indian nations university shall be entitled to receive
27 credit hour state aid as provided in this section. The basis for payments
28 of credit hour state aid to Haskell Indian nations university for each credit
29 hour of each duly enrolled student during the current university session
30 shall be equal to the amount which is provided for by the legislature in
31 acts making appropriations for the credit hour state aid entitlement of
32 community colleges in accordance with K.S.A. 71-602 and amendments
33 thereto. Payments of credit hour state aid shall be based only upon credit
34 hours of duly enrolled students of Haskell Indian nations university who
35 are bona fide residents of the state of Kansas under the provisions of
36 K.S.A. 71-406 and amendments thereto or who would be considered to
37 be bona fide residents of the state of Kansas under the provisions of
38 K.S.A. 1998 Supp. 71-407 and amendments thereto, under the same con-
39 ditions and circumstances as would apply to such a determination under
40 such statutes if such students were enrolled in a community college.
41 (2) The determination of credit hours of duly enrolled students shall
42 be made at times prescribed by the state board of education.
43 (c) Haskell Indian nations university shall be entitled to receive out-
44 district state aid as provided in this section. The basis for payment of out-
45 district state aid to Haskell Indian nations university shall be an amount
46 for each credit hour of each duly enrolled out-district student of Haskell
47 Indian nations university that is equal to the amount prescribed for each
48 credit hour of each duly enrolled out-district student for out-district state
49 aid for community colleges by K.S.A. 71-607 and amendments thereto.
50 Out-district state aid payments under this section shall be made only for
51 credit hours of out-district students if such students are either bona fide
52 residents of the state of Kansas or are considered to be bona fide residents
53 of the state of Kansas, as determined under subsection (b) and are not
54 residents of Douglas county.
55 (d) No out-district state aid entitlement and no credit hour state aid
56 entitlement of Haskell Indian nations university shall be based upon en-
57 rollment in any subject or course the principal part of which is taught at
58 a location outside Douglas county, unless the location of such course or
59 subject is specifically authorized by the state board of education.
60 (e) On or before November 1 and on or before March 1 of each year,
61 beginning November 1, 1999, the chief administrative officer of Haskell
62 Indian nations university shall certify under oath to the state board of
63 education the total number of duly enrolled credit hours of students of
64 the university during the current university session who meet the state
65 residence requirement. Each November 1 and March 1 certification for
66 payment shall set forth separately the credit hour enrollment for preced-
67 ing sessions and for the current session. The state board of education may
68 require the university to furnish any additional information deemed nec-
69 essary by it to carry out the provisions of this section, and shall prescribe
70 such forms and policies as may be necessary for making such reports.
71 (f) From the reports and information submitted and other informa-
72 tion available to it, the state board of education shall determine the
73 amount Haskell Indian nations university is entitled to receive as provided
74 in this section. The state board of education may audit the records of the
75 Haskell Indian nations university to verify the accuracy of the reports
76 submitted by the university. The state board of education may adopt rules
77 and regulations for the administration of this section.
78 (g) In the event the Haskell Indian nations university is paid more
79 than it is entitled to receive under any distribution made under this sec-
80 tion, the state board of education shall notify the university of the amount
81 of such overpayment and the university shall remit the amount of over-
82 payment to the state board of education and its shall deposit the entire
83 amount remitted in the state treasury to the credit of the state general
84 fund, and if the university fails so to remit, the state board of education
85 shall deduct the excess amount so paid from future payments becoming
86 due to the university. In the event the university is paid less than the
87 amount to which it is entitled under any distribution made under this
88 section, the state board of education shall pay the additional amount due
89 at any time within the fiscal year in which the underpayment was made
90 or within 60 days after the end of such fiscal year.
91 (h) Payments to Haskell Indian nations university of credit hour state
92 aid and out-district state aid under this section shall be made on Decem-
93 ber 1 and April 1 of each fiscal year, commencing December 1, 1999, or
94 as soon thereafter as is possible. The state board of education shall certify,
95 on or before November 25 and March 25 of each fiscal year, to the di-
96 rector of accounts and reports the amount due the university on Decem-
97 ber 1 or April 1, as the case may be, and the director of accounts and
98 reports shall draw a warrant upon the state treasurer in favor of the Has-
99 kell Indian nations university for such amount. Upon receipt of such war-
100 rant, the treasurer of the Haskell Indian nations university shall credit the
101 entire amount received to a separate operating fund of the university. All
102 moneys received by the university under this section shall be used to pay
103 current operating expenses of the university, and shall not be used for
104 the making of capital improvements.
105 Sec. 2. This act shall take effect and be in force from and after its
106 publication in the statute book.