Session of 1999
HOUSE BILL No. 2439
By Committee on Education
2-10
9 AN ACT concerning institutions of higher education; relating to finance
10 of community colleges and the municipal university; requiring identi-
11 fication of performance indicators and standards of achievement;
12 amending K.S.A. 12-16,102, 71-204, 71-601, 71-604, 71-605, 71-609a,
13 71-613, 71-801, 71-1508, 71-1702, 72-6501, 72-6503, 72-6504, 72-
14 6505, 72-6506, 72-6508, 72-6509, 79-5021, 79-5022, 79-5024, 79-5025,
15 79-5026, 79-5028 and 79-5032 and K.S.A. 1998 Supp. 19-101a, 71-
16 201, 71-301, 71-609, 71-611 and 71-613a and repealing the existing
17 sections; also repealing K.S.A. 13-13a25, 13-13a26, 13-13a27, 13-
18 13a28, 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34,
19 71-304, 71-305, 71-306, 71-402, 71-403, 71-610, 71-614, 71-615, 71-
20 1705, 72-4424 and 72-6502 and K.S.A. 1998 Supp. 71-401, 71-602 and
21 71-607.
22
23 Be it enacted by the Legislature of the State of Kansas:
24 Section 1. K.S.A. 1998 Supp. 71-201 is hereby amended to read as
25 follows: 71-201. (a) The board of trustees, in accordance with the provi-
26 sions of law and the rules and regulations of the state board of education,
27 shall have custody of and be responsible for the property of the com-
28 munity college and shall be responsible for the operation, management
29 and control of the college. The board of trustees shall hold at least one
30 regular meeting each month at a time prescribed by the board. The board
31 shall make an annual report in the manner prescribed by the state board
32 of education. Members of the board of trustees shall be paid subsistence
33 allowances, mileage and other actual and necessary expenses incurred in
34 the performance of their official duties.
35 (b) For effectuation of the purposes of this act, the board of trustees
36 in addition to such other powers expressly granted to it by law and subject
37 to the rules and regulations of the state board of education is hereby
38 granted the following powers:
39 (1) To select its own chairperson and such other officers as it may
40 deem desirable, from among its own membership. The secretary may be
41 chief administrative officer of the college.
42 (2) To sue and be sued.
43 (3) To determine the educational program of the college subject to
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1 prior approval thereof as provided in this act and to grant certificates of
2 completion of courses or curriculum.
3 (4) To appoint and fix the compensation and term of office of a pres-
4 ident or chief administrative officer of the college.
5 (5) To appoint upon nomination of the president or the chief admin-
6 istrative officer members of the administrative and teaching staffs, to fix
7 and determine within state adopted standards their specifications, define
8 their duties, and to fix their compensation and terms of employment. No
9 community college teacher shall be required to meet certification
10 requirements greater than those required in the state universities under
11 the control and supervision of the state board of regents.
12 (6) Upon recommendation of the chief administrative officer, to ap-
13 point or employ such other officers of the college, agents and employees
14 as may be required to carry out the provisions of law and to fix and
15 determine within state adopted standards their qualifications, duties,
16 compensation, terms of office or employment and all other items and
17 conditions of employment.
18 (7) To enter into contracts.
19 (8) To accept from any government or governmental agency, or from
20 any other public or private body, or from any other source, grants or
21 contributions of money or property which the board may use for or in
22 aid of any of its purposes.
23 (9) To acquire by gift, purchase, lease-purchase, condemnation or
24 otherwise, and to own, lease, use and operate property, whether real,
25 personal, or mixed, or any interest therein, which is necessary or desirable
26 for community college purposes. Any lease-purchase agreement entered
27 into under authority of this subsection shall be subject to the conditions
28 set forth in K.S.A. 10-1116c, and amendments thereto. The term of any
29 lease entered into under authority of this subsection may be for not to
30 exceed 10 years. Such lease may provide for annual or other payment of
31 rent or rental fees and may obligate the community college to payment
32 of maintenance or other expenses. Any lease or lease-purchase agreement
33 entered into under authority of this subsection shall be subject to change
34 or termination at any time by the legislature. Any assignment of rights in
35 any lease or lease-purchase made under this subsection shall contain a
36 citation of this section and a recitation that the lease or lease-purchase
37 agreement and assignment thereof are subject to change or termination
38 by the legislature. To the extent that the provisions of the cash-basis and
39 budget laws conflict with this subsection in such a manner as to prevent
40 the intention of this subsection from being made effective, the provisions
41 of this subsection shall control. This provision is subject to the provisions
42 of subsection (d).
43 (10) To enter into lease agreements as lessor of any property, whether
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1 real, personal, or mixed, which is owned or controlled by the community
2 college. Any such agreement may specify the purposes for which the
3 property may be used, require that the property be maintained and op-
4 erated by the lessee, and may contain such restrictions or limitations on
5 the use of the property, be entered into for such period of time, and
6 include such other terms and conditions as the board of trustees deter-
7 mines to be necessary and proper. Every such agreement shall be subject
8 to change or termination at any time by the legislature. Any assignment
9 of rights under any such agreement shall be subject to approval by the
10 board of trustees and shall contain a citation of this section and a recitation
11 that the lease agreement and assignment of rights thereunder are subject
12 to change or termination by the legislature.
13 (11) To determine that any property owned by the college is no
14 longer necessary for college purposes and to dispose of the same in such
15 manner and upon such terms and conditions as provided by law.
16 (12) To exercise the right of eminent domain, pursuant to chapter 26
17 of Kansas Statutes Annotated.
18 (13) To make and promulgate such rules and regulations, not incon-
19 sistent with the provisions of law or with rules and regulations of the state
20 board of education, that are necessary and proper for the administration
21 and operation of the community college, and for the conduct of the busi-
22 ness of the board of trustees.
23 (14) To exercise all other powers not inconsistent with the provisions
24 of law or with the rules and regulations of the state board of education
25 which may be reasonably necessary or incidental to the establishment,
26 maintenance and operation of a community college.
27 (15) To appoint a member to fill any vacancy on the board of trustees
28 for the balance of the unexpired term. When a vacancy occurs, the board
29 shall publish a notice one time in a newspaper having general circulation
30 in the community college district stating that the vacancy has occurred
31 and that it will be filled by appointment by the board not sooner than 15
32 days after such publication.
33 (16) To contract with one or more agencies, either public or private,
34 whether located within or outside the community college district or
35 whether located within or outside the state of Kansas for the conduct by
36 any such agencies of academic or vocational education for students of the
37 community college, and to provide for the payment to any such agencies
38 for their contracted educational services from any funds or moneys of the
39 community college, including funds or moneys received from student
40 tuition, out-district tuition, and fees, funds received from the state of
41 Kansas or the United States for academic or vocational education, or taxes
42 collected under K.S.A. 71-204 and 72-4424, and amendments thereto.
43 Any contract made under this subsection with an institution of another
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1 state shall be subject to the provisions of K.S.A. 71-202, and amendments
2 thereto.
3 (17) To authorize by resolution the establishment of a petty cash fund
4 in an amount not to exceed $1,000, and to designate in such resolution
5 an employee to maintain such petty cash fund. The employee designated
6 in any resolution provided for in this subsection receiving such funds shall
7 keep a record of all receipts and expenditures from the fund, and shall
8 from time to time, and at the end of the fiscal year, prepare a statement
9 for the board showing all receipts, expenditures, and the balance in the
10 petty cash fund. The board of trustees may authorize the employee des-
11 ignated to maintain any petty cash fund to make a claim for replenishment
12 of the fund to its original amount in advance of approval by the board of
13 trustees if, at any time during the period between regular monthly meet-
14 ings of the board of trustees, the balance remaining in the fund is insuf-
15 ficient to make needed expenditures for any purpose for which the petty
16 cash fund is maintained. No petty cash fund may be replenished more
17 than one time during each period between regular monthly meetings of
18 the board of trustees. If a petty cash fund is replenished prior to the end
19 of the fiscal year in accordance with the foregoing authorization, the em-
20 ployee authorized to maintain the petty cash fund shall keep an accurate
21 record of all expenditures made therefrom, and the purpose therefor, and
22 shall submit the record to the board of trustees at the next regular
23 monthly meeting thereof. The petty cash fund shall be replenished by
24 payment from the appropriate funds of the community college to the
25 petty cash fund upon proper claim. The fund shall be kept separate from
26 all other funds and shall be used only for authorized expenditures and
27 itemized receipts shall be taken for each expenditure. No part of such
28 fund may be loaned or advanced against the salary of an employee. All
29 employees entrusted with such funds under this subsection shall be
30 bonded by the community college district.
31 (c) Subject to the provisions of subsection (d), the board of trustees
32 may purchase or otherwise acquire land or land and improvements and
33 may acquire, construct, reconstruct, repair or remodel improvements
34 thereon or additions thereto, including furnishings, equipment, and ar-
35 chitectural and incidental expense related thereto, and for such purposes
36 the board of trustees is authorized to issue and sell general obligation
37 bonds, the cumulative total not to exceed the following amounts: Where
38 the community college district has a taxable tangible valuation of less than
39 $90,000,000 or is located in a county designated as urban under the pro-
40 visions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of
41 the taxable tangible property of the community college district, and where
42 the community college district has a taxable tangible valuation of more
43 than $90,000,000 not to exceed 3% except as provided above for any
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1 community college district located in a county designated as urban under
2 the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable
3 tangible property of the community college district. If any increase in the
4 valuation of a community college district results in an outstanding bonded
5 indebtedness in excess of that provided in this subsection, such increase
6 shall not constitute a violation of this subsection. No such bonds shall be
7 issued until the question of their issuance shall have been submitted to a
8 vote of the electors of the community college district at a regular election
9 or at a special election called for that purpose and the majority of the
10 electors voting on the proposition in such community college district shall
11 have voted in favor of the issuance of the bonds. Such election shall be
12 called, noticed and held and the bonds issued, sold, delivered and retired
13 in accordance with the provisions of the general bond law except as herein
14 otherwise expressly provided.
15 (d) The board of trustees of a community college may not purchase
16 or otherwise acquire land or land and improvements outside the com-
17 munity college district. Nothing in this subsection shall be construed or
18 operate in any manner to require a board of trustees to sell, convey or
19 otherwise dispose of land or land and improvements located outside the
20 community college district and owned or being acquired by the com-
21 munity college on the effective date of this act, but no board of trustees
22 may enter into a contract for the construction of improvements on any
23 such land after the effective date of this act.
24 Sec. 2. K.S.A. 71-204 is hereby amended to read as follows: 71-204.
25 (a) For all the purpose of community college maintenance and operation
26 purposes, the board of trustees is authorized to levy a tax on the taxable
27 tangible property of the community college district.
28 Such tax levy shall be the amount determined by the board of trustees
29 to be sufficient to finance that part of the budget of the community col-
30 lege which is not financed by either (a) anticipated state aid of any type,
31 (b) anticipated student tuition, or (c) anticipated out-district tuition, or
32 (d) anticipated federal aid of any type from any other source provided by
33 law. The budget of the community college shall be prepared and adopted
34 as provided by law, and the tax levy therefor shall be certified to the
35 county clerk of every county a part of the territory of which is in the
36 community college district.
37 (b) The tax levy authorized by subsection (a) shall be reduced (1) in
38 the 2000 fiscal year by an amount equal to 80% of the amount of the
39 difference between the amount of state aid received by the community
40 college in the 1999 fiscal year less the amount of out-district tuition re-
41 ceived by the community college in such fiscal year and the amount of
42 the state grant to which the community college is entitled in the 2000
43 fiscal year and (2) in each fiscal year after the 2000 fiscal year by an
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1 amount equal to 80% of the amount of the difference between the amount
2 of the state grant received by the community college in the preceding fiscal
3 year and the amount of the state grant to which the community college is
4 entitled in the current fiscal year.
5 Sec. 3. K.S.A. 1998 Supp. 71-301 is hereby amended to read as fol-
6 lows: 71-301. (a) The board of trustees shall charge to and collect from
7 each student tuition at rates per credit hour enrolled which shall be es-
8 tablished by the board of trustees.
9 (b) The board of trustees, in accordance with rules and regulations
10 of the state board, shall determine an amount of out-district tuition to be
11 charged for each out-district student attending the community college.
12 The board of county commissioners of any county charged with payment
13 of out-district tuition shall levy a tax on all of the taxable property of the
14 county sufficient to pay all out-district tuition charges authorized by this
15 act. The proceeds from the tax levied under authority of this section shall
16 be deposited in a special fund for payment of out-district tuition. Upon
17 receiving a statement of charges for out-district tuition, the board of
18 county commissioners shall allow and pay the same from the special fund
19 within 45 days from the receipt of such statement. If there is insufficient
20 or no money in the special fund, out-district tuition shall be paid from
21 the county general fund or from the proceeds of the sale of no-fund
22 warrants issued for the purpose of the payment of out-district tuition. If
23 the board of county commissioners fails to pay such amount at the time
24 required under this subsection, the board of trustees shall notify the state
25 board of such failure to pay and shall certify to the state board the amount
26 to be paid. Upon receipt by the state board of such notification, the
27 amount to be paid as certified to the state board shall become an amount
28 due and owing to the state board. The state board shall notify the board
29 of county commissioners that this amount is now due and owing to the
30 state board. If the board of county commissioners fails to pay such amount
31 to the state board within 14 days of the receipt of such notification, the
32 state board shall initiate proceedings under K.S.A. 75-6201 et seq. for the
33 collection of such money. Money paid to or collected by the state board
34 under this subsection shall be deposited in the out-district tuition sus-
35 pense account which is hereby created in the state treasury. The state
36 board shall pay moneys from this account, in accordance with rules and
37 regulations of the state board, to the community colleges entitled to re-
38 ceive such money.
39 (c) The total out-district tuition charged by a community college shall
40 be an amount equal to the number of duly enrolled out-district students
41 times $24 for each credit hour of each such student.
42 (d) (1) Out-district tuition shall only be charged for credit hours of
43 out-district students if such students, as determined by the state board,
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1 have not more than 64 credit hours from any institution of postsecondary
2 education or the students have not more than 72 credit hours and are
3 enrolled in terminal type nursing courses or freshman-sophomore level
4 preengineering courses.
5 (2) The credit hour limitations prescribed by provision (1) of this
6 subsection do not apply to credit hours of out-district students if such
7 students, as determined by the state board, are enrolled in an approved
8 vocational education program at a community college for the purpose of
9 receiving vocational or technical training or retraining in preparation for
10 gainful employment.
11 (3) The provisions of this subsection shall expire on June 30, 1999.
12 (e) In May of each fiscal year, the board of trustees shall notify the
13 board of county commissioners of the approximate amount of out-district
14 tuition which will be charged to the county in the succeeding fiscal year.
15 (f) Expenditures for out-district tuition shall be exempt from the
16 budget law of this state to the extent of such payments not anticipated in
17 the budget of the county.
18 Sec. 4. K.S.A. 71-601 is hereby amended to read as follows: 71-601.
19 (a) "Credit hour" means one hour of instruction per week for 18 weeks
20 or the equivalent thereof the basic unit of collegiate level instruction, as
21 determined by the state board, in a subject or course offered at a level
22 not higher than those subjects or courses normally offered to freshmen
23 and sophomores in four-year institutions of postsecondary education
24 which subject or course is approved by the state board. Credit hour does
25 not include within its meaning any hour of instruction in a subject or
26 course taken by a student enrolled for audit or in any subject or course
27 not approved by the state board. The state board, in consultation with
28 the state board of regents, shall determine whether the subjects and
29 courses offered in the community colleges are at the level of freshmen
30 and sophomore subjects and courses offered in the state educational in-
31 stitutions of postsecondary education and shall not approve any subject
32 or course offered at a higher level.
33 (b) "Full-time equivalent enrollment" or "FTE enrollment" means the
34 quotient obtained by dividing by 30 the total credit hour enrollment in a
35 fiscal year of students of a community college who are residents of the
36 state of Kansas, or are considered residents of the state of Kansas pursuant
37 to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto.
38 (c) "State grant" means the operating grant provided for under sub-
39 section (a) of section 5, and amendments thereto, and if entitlement is
40 determined, the quality performance grant provided for under subsection
41 (b) of section 5, and amendments thereto.
42 New Sec. 5. (a) In each fiscal year, commencing with the 2000 fiscal
43 year, each community college is entitled to an operating grant from the
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1 state general fund in an amount to be determined by the state board. The
2 state board shall:
3 (1) Determine the average amount of state aid per FTE undergrad-
4 uate student that the state educational institutions are entitled to receive
5 for the year;
6 (2) compute 60% of the amount determined under (1);
7 (3) compute 90% of the amount determined under (1);
8 (4) multiply the amount computed under (2) by the number of FTE
9 students of the community college who are enrolled in subjects or courses
10 which are not part of an approved vocational education program;
11 (5) multiply the amount computed under (3) by the number of FTE
12 students of the community college who are enrolled in subjects or courses
13 which are part of an approved vocational education program;
14 (6) add the amount of the product obtained under (4) to the amount
15 of the product obtained under (5). The sum is the amount of the operating
16 grant the community college is entitled to receive for the fiscal year.
17 (b) In each fiscal year, commencing with the 2000 fiscal year, each
18 community college is eligible for entitlement to a quality performance
19 grant from the state general fund. If the state board determines that the
20 community college has demonstrated effectiveness in complying with its
21 role and mission statement and has met or exceeded the core indicators
22 of quality performance for community colleges identified by the state
23 board under subsection (b) of K.S.A. 71-801, and amendments thereto,
24 the community college is entitled to a quality performance grant in an
25 amount which shall be determined by the state board by computing 2%
26 of the amount of the operating grant the community college is entitled
27 to receive for the fiscal year. The computed amount is the amount of the
28 quality performance grant the community college is entitled to receive
29 for the fiscal year.
30 (c) For the purposes of this section, the FTE enrollment of the com-
31 munity college shall be based on: (1) Enrollment of students who are
32 residents of the state of Kansas, or are considered residents of the state
33 of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and
34 amendments thereto; and (2) the greater of FTE enrollment in the cur-
35 rent fiscal year or FTE enrollment in the preceding fiscal year.
36 Sec. 6. K.S.A. 71-604 is hereby amended to read as follows: 71-604.
37 (a) From the reports and information submitted under K.S.A. 71-603,
38 and amendments thereto, and from other information available to it, the
39 state board shall determine the amount the community college is entitled
40 to receive as provided in K.S.A. 71-602 and 71-607 and K.S.A. 71-619,
41 and amendments to such sections.
42 (b) If the amount of any appropriation for credit hour state aid shall
43 be grants is insufficient to pay in full the amount each community college
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1 is entitled to receive for credit hour state aid, then the amount so appro-
2 priated shall be prorated among all community colleges in proportion to
3 the amount each is entitled to receive. If the amount of any appropriation
4 for out-district state aid shall be insufficient to pay in full the amount each
5 community college is entitled to receive for out-district state aid, then the
6 amount so appropriated shall be prorated among all community colleges
7 in proportion to the amount each is entitled to receive.
8 (c) The state board may audit the records of any community college
9 applying for a part of any money appropriated for state aid, to verify the
10 accuracy of the reports submitted by the community college. The state
11 board may adopt rules and regulations for the administration of this act
12 and acts amendatory thereof.
13 (d) In the event (b) If any community college is paid more than the
14 amount it is entitled to receive under any distribution made under this
15 act or acts amendatory thereof as a state grant, the state board shall notify
16 the community college of the amount of the overpayment and the com-
17 munity college shall remit the same to the state board and it the state
18 board shall deposit the same in the state treasury to the credit of the
19 general fund, and if any such community college fails so to remit, the
20 state board shall deduct the excess amount so paid from future payments
21 becoming due to such community college.
22 (e) In the event (c) If any community college is paid less than the
23 amount to which it is entitled under any distribution made under this act
24 and acts amendatory thereof to receive as a state grant, the state board
25 shall pay the additional amount due at any time within the fiscal year in
26 which the underpayment was made or within 60 days after the end of
27 such fiscal year.
28 Sec. 7. K.S.A. 71-605 is hereby amended to read as follows: 71-605.
29 (a) The distribution of the appropriation for credit hour state aid and out-
30 district state aid shall be made three times each school year as follows:
31 The first payment shall be made on October 1 and shall be in an amount
32 equal to 50% of the preceding school year's credit hour state aid entitle-
33 ment of the community college. Subject to the provisions of subsection
34 (c), The second payment shall be made on December 1 and shall be in
35 an amount which is equal to the balance of the summer and fall sessions'
36 total credit hour state aid entitlement and the full amount of the summer
37 and fall sessions' out-district state aid entitlement, with adjustment for
38 any overpayment or underpayment resulting from computation of the first
39 payment. The third payment shall be made on April 1 and shall be the
40 full amount of the spring session's credit hour state aid entitlement and
41 the spring session's out-district state aid entitlement, with adjustment for
42 any underpayments or overpayments theretofore occurring. The state
43 board shall certify, on or before November 25 and March 25 of each year,
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1 to the director of accounts and reports the amount due to each com-
2 munity college from such appropriation on the first day of December, or
3 for the December 1, 1987, payment on the date specified in subsection
4 (c) or on the first day of April, as the case may be, and the director of
5 accounts and reports shall draw a warrant upon the state treasurer in
6 favor of the community college for such amount. Upon receipt of the
7 warrant, the treasurer of the community college shall credit the same to
8 the general fund of the community college.
9 (b) The distribution of the appropriation for general state aid shall
10 be made at a time to be determined by the state board. The state board
11 shall certify to the director of accounts and reports the amount due to
12 each community college from such appropriation, and the director of
13 accounts and reports shall draw a warrant upon the state treasurer in
14 favor of the community college for such amount. Upon receipt of the
15 warrant, the treasurer of the community college shall credit the same to
16 the general fund of the community college.
17 (c) The credit hour state aid and out-district state aid to be paid De-
18 cember 1, 1987, shall be deferred and shall be paid January 4, 1988 state
19 grants shall be made in substantially equal payments on August 1 and
20 January 1 of each fiscal year, or as soon thereafter as possible. The state
21 board shall certify, on or before July 20 and December 20 of each fiscal
22 year, to the director of accounts and reports the amount due on August
23 1 or on January 1, as the case may be, to each community college entitled
24 to a state grant from such appropriation, and the director of accounts and
25 reports shall draw a warrant upon the state treasurer in favor of the
26 community college for such amount. Upon receipt of the warrant, the
27 treasurer of the community college shall credit the amount of the warrant
28 to the general fund of the community college.
29 Sec. 8. K.S.A. 1998 Supp. 71-609 is hereby amended to read as fol-
30 lows: 71-609. (a) No out-district tuition charges, no out-district state aid
31 entitlement, no credit-hour state aid entitlement, and no general amount
32 of a state aid entitlement grant shall be based upon credit hours enroll-
33 ment in any subject or course the principal part of which is taught at a
34 location outside the county of the main campus of the community college,
35 unless the location of such subject or course is specifically authorized by
36 the state board of education.
37 (b) (1) No out-district tuition charges and no out-district amount of
38 a state aid entitlement grant shall be based upon credit hours enrollment
39 in any subject or course which is taught in a county in which the main
40 campus of a state educational institution is located, unless the teaching
41 of such subject or course is specifically authorized by the chief executive
42 officer of the state educational institution or by a designee of the chief
43 executive officer. The chief executive officer of each state educational
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1 institution may designate and authorize a person or committee to act on
2 behalf of the chief executive officer in granting the authorizations re-
3 quired by this subsection. No authorization required by this subsection
4 shall be considered to be or construed in any manner as an agreement
5 provided for by subsection (c).
6 (2) For the purposes of this subsection, the term "main campus of a
7 state educational institution" as applied to Kansas state university of ag-
8 riculture and applied science means and includes the campus of the uni-
9 versity located in Riley county and the campus of the university's college
10 of technology located in Saline county.
11 (3) The provisions of this subsection are subject to the provisions of
12 subsection (c).
13 (c) (1) No out-district tuition charges shall be based upon credit
14 hours in any subject or course all or the principal part of which is taught
15 at Fort Hays state university or at Wichita state university under an agree-
16 ment for the teaching of such subject or course entered into by a com-
17 munity college and either such university. An agreement entered into
18 under the provisions of this subsection for the teaching of a subject or
19 course by a community college at Fort Hays state university or at Wichita
20 state university shall constitute the authorization required by subsection
21 (b) for the teaching of such subject or course, and no separate authori-
22 zation under subsection (b) shall be required.
23 (2) The provisions of this subsection shall expire on June 30, 1998,
24 unless amended by act of the legislature prior to such date.
25 Sec. 9. K.S.A. 71-609a is hereby amended to read as follows: 71-
26 609a. No out-district state aid entitlement, no credit-hour state aid enti-
27 tlement, and no general amount of the state aid entitlement grant of a
28 community college shall be based upon any course or program if such
29 course or program is taught in an area vocational school or, an area vo-
30 cational-technical school, or a technical college under an agreement with
31 such community college and for which payments of state or federal mon-
32 eys are made to the area vocational school or, the area vocational-technical
33 school, or the technical college under the provisions of article 44 of chap-
34 ter 72 of Kansas Statutes Annotated, and no such course or program shall
35 be counted in determining the number of credit hours of out-district
36 students for the purpose of computing the amount of out-district tuition
37 to be charged by a community college.
38 Sec. 10. K.S.A. 1998 Supp. 71-611 is hereby amended to read as
39 follows: 71-611. (a) "Operating expenses" means the total expenditures
40 and lawful transfers from the general fund of a community college during
41 a school fiscal year for all purposes.
42 (b) "Legally adopted budget of operating expenses" means the
43 amount legally authorized and budgeted for such operating expenses in
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1 the budget general fund of a community college.
2 (c) "General fund" means the fund of a community college from
3 which operating expenses are paid and, subject to the provisions of K.S.A.
4 71-613a, and amendments thereto, to which all amounts of credit hour
5 state aid, out-district state aid, general state aid grants, property taxes for
6 general purposes, out-district tuition, student tuition, and other moneys
7 provided for by law are credited.
8 Sec. 11. K.S.A. 71-613 is hereby amended to read as follows: 71-613.
9 (a) All moneys received by a community college for establishing, con-
10 ducting, maintaining and administering any vocational education pro-
11 gram authorized by under article 44 of chapter 72 of Kansas Statutes
12 Annotated shall be deposited in the vocational education fund, unless
13 required to be deposited in the general fund. The expenses of a com-
14 munity college attributable to vocational education shall be paid from the
15 vocational education fund.
16 (b) Community colleges shall maintain fund accounting procedures
17 as may be necessary to assure proper accounting for federal funds for
18 vocational education special projects, whether received directly from the
19 federal government or any of its agencies, or received through the state
20 or any of its agencies.
21 Sec. 12. K.S.A. 71-801 is hereby amended to read as follows: 71-801.
22 (a) Community colleges are under the supervision of the state board of
23 education.
24 (b) The state board of education shall identify core indicators of qual-
25 ity performance for community colleges and shall establish and implement
26 a data management system that includes a process and format for col-
27 lecting, aggregating and reporting common and institution-specific infor-
28 mation documenting effectiveness of the colleges in meeting the role and
29 mission thereof.
30 Sec. 13. K.S.A. 1998 Supp. 71-613a is hereby amended to read as
31 follows: 71-613a. All amounts of credit hour state aid, out-district state
32 aid, general state aid, out-district tuition, grants and student tuition re-
33 ceived by a community college for any program authorized by article 44
34 of chapter 72 of Kansas Statutes Annotated may be deposited in the vo-
35 cational education fund of the community college.
36 Sec. 14. K.S.A. 71-1508 is hereby amended to read as follows: 71-
37 1508. (a) There is hereby established in every community college con-
38 ducting a motorcycle driver safety course a fund which shall be called the
39 "motorcycle driver safety" fund. The motorcycle driver safety fund shall
40 consist of all moneys deposited therein or transferred thereto according
41 to law. All moneys received by community colleges from distributions
42 made from the motorcycle safety fund and from tuition, fees or charges
43 for motorcycle driver safety courses shall be credited to the motorcycle
HB 2439
13
1 driver safety fund. The expenses of community colleges directly attrib-
2 utable to motorcycle driver safety courses shall be paid from the motor-
3 cycle driver safety fund.
4 (b) No out-district tuition shall be charged or paid for any student on
5 the basis of enrollment in a motorcycle driver safety course and no out-
6 district state aid entitlement, credit hour state aid entitlement, or general
7 amount of the state aid entitlement grant of a community college shall be
8 based upon a motorcycle driver safety course conducted by the com-
9 munity college.
10 Sec. 15. K.S.A. 71-1702 is hereby amended to read as follows: 71-
11 1702. (a) The governing body of an area vocational school or area voca-
12 tional-technical school which is consolidated with and made a part of a
13 community college in accordance with the provisions of this act shall enter
14 into a consolidation agreement with the board of trustees of the com-
15 munity college with which such area vocational school or area vocational-
16 technical school is consolidated.
17 (b) Every consolidation agreement entered into under this section
18 shall provide for:
19 (1) The disposition of all real property of the affected area vocational
20 school or area vocational-technical school, which disposition shall not be
21 in contravention of the provisions of subsection (d) of K.S.A. 71-201, and
22 amendments thereto;
23 (2) the disposition of all personal property, records and moneys, in-
24 cluding state and federal financial aid, of the affected area vocational
25 school or area vocational-technical school;
26 (3) the payment of all lawful debts of the affected area vocational
27 school or area vocational-technical school, including any outstanding
28 bonded indebtedness attributable to the operation thereof;
29 (4) the payment of all accrued compensation or salaries of all person-
30 nel of the affected area vocational school or area vocational-technical
31 school;
32 (5) the transfer of personnel, if such personnel are deemed necessary,
33 in the employment of the affected area vocational school or area voca-
34 tional-technical school to the employment of the community college; and
35 (6) such other matters as may need to be addressed as the result of
36 such consolidation by the affected area vocational school or area voca-
37 tional-technical school and the community college.
38 (c) Immediately upon execution of each consolidation agreement en-
39 tered into under this section, the state board of education shall be notified
40 thereof by the board of trustees of the affected community college. The
41 state board shall review and approve such consolidation agreement and
42 upon approval of such agreement, the state board, for purpose of deter-
43 mining credit hour state aid under K.S.A. 71-602, and amendments
HB 2439
14
1 thereto, shall issue an order officially designating the community college
2 as an area vocational school.
3 (d) When any conflict arises as to the proper disposition of property,
4 records or funds or as to the assumption and payment of any debts as a
5 result of any consolidation effected under this act, such conflict shall be
6 determined and resolved by the state board of education and such de-
7 termination and resolution shall be final.
8 Sec. 16. K.S.A. 72-6501 is hereby amended to read as follows: 72-
9 6501. As used in this act:
10 (a) "University" means Washburn university of Topeka; and
11 (b) "state board" means the state board of regents.; and
12 (c) "state grant" means the operating grant provided for under sub-
13 section (a) of K.S.A. 72-6503, and amendments thereto, and if entitlement
14 is determined, the quality performance grant provided for under subsec-
15 tion (b) of K.S.A. 72-6503, and amendments thereto.
16 New Sec. 17. (a) The state board shall: (1) Review the university's
17 mission and goals statement, strategies for achieving mission focus and
18 attaining identified goals, academic and administrative program review
19 process, and established priorities for enhancement of academic disci-
20 plines; and (2) develop standards of achievement for determining attain-
21 ment by the university of indicators of quality educational and institutional
22 performance. The standards of achievement developed for the university
23 shall be consonant with the standards of achievement applied to the state
24 educational institutions.
25 (b) From reports, documents, data and such other information as the
26 university may provide in each fiscal year, the state board shall determine
27 the effectiveness of the university in complying with its mission and goals
28 statement and in meeting the standards of achievement developed by the
29 state board for determining attainment by the university of indicators of
30 quality educational and institutional performance.
31 Sec. 18. K.S.A. 72-6503 is hereby amended to read as follows: 72-
32 6503. (a) In each fiscal year, commencing with fiscal year 1992 2000, the
33 university is entitled to receive an operating grant from the state general
34 fund in an amount provided therefor by appropriation act to be deter-
35 mined by the state board. (b) For fiscal years after fiscal year 1992, the
36 president of the university shall submit to the state board a budget esti-
37 mate for the university and a request for an operating grant from the
38 state. The budget estimate and request shall be submitted in the manner
39 and at the time prescribed by the state board. The state board shall:
40 (1) Determine an amount to be received by the university as an op-
41 erating grant from the state by reviewing the budget estimate submitted
42 by the university and approving or adjusting and approving the amount
43 requested. The state board shall submit the amount so determined, along
HB 2439
15
1 with the amount of the request made by the university, to the director of
2 the budget for presentation to the governor and submission to the leg-
3 islature in the manner and at the time prescribed by law for submission
4 of budget estimates and requests by state agencies the average amount
5 of state aid per FTE undergraduate student that the state educational
6 institutions are entitled to receive for the year;
7 (2) compute 60% of the amount determined under (1);
8 (3) multiply the amount computed under (2) by the number of FTE
9 students of the university. The product is the amount of the operating
10 grant the university is entitled to receive for the fiscal year.
11 (b) In each fiscal year, commencing with the 2000 fiscal year, the
12 university is eligible for entitlement to a quality performance grant from
13 the state general fund. If the state board determines that the university
14 has demonstrated effectiveness in complying with its mission and goals
15 statement and has met or exceeded the standards of achievement devel-
16 oped by the state board for determining attainment by the university of
17 the indicators of quality educational and institutional performance, the
18 university is entitled to a quality performance grant in an amount which
19 shall be determined by the state board by computing 2% of the amount
20 of the operating grant the university is entitled to receive for the fiscal
21 year. The computed amount is the amount of the quality performance
22 grant the university is entitled to receive for the fiscal year.
23 (c) For the purposes of this section, the FTE enrollment of the uni-
24 versity shall be based on: (1) Enrollment of students who are residents of
25 the state of Kansas; and (2) the greater of FTE enrollment in the current
26 fiscal year or FTE enrollment in the preceding fiscal year.
27 (c) (d) Moneys received as operating state grants from the state gen-
28 eral fund shall not be expended for the purpose of expansion of graduate
29 programs or for the purpose of expansion of off-campus programs without
30 the prior approval of the state board.
31 Sec. 19. K.S.A. 72-6504 is hereby amended to read as follows: 72-
32 6504. (a) On or before November 1 and on or before April 1 of each year,
33 the president and treasurer of the university shall certify under oath to
34 the state board the total number of duly enrolled credit hours of students
35 of the university during the current school term who meet the state res-
36 idence requirement. The state board may require the university to furnish
37 any additional information deemed necessary by it to carry out the pro-
38 visions of this act and shall prescribe such forms, to be approved by the
39 attorney general, as may be necessary for making such reports.
40 (b) Persons enrolling in the university who, if adults, have not been,
41 or if minors, whose parents have not been residents of the state of Kansas
42 for at least six (6) months prior to enrollment for any school term are
43 nonresidents for the purpose of determination of entitlement from the
HB 2439
16
1 municipal university fund to state grants. The state board may adopt rules
2 and regulations prescribing criteria or guidelines for determination of
3 residence of students, so long as such criteria or guidelines are not in
4 conflict with the provisions of this section, and may make conclusive de-
5 termination of any residence matter for the purpose of determination of
6 entitlement from the municipal university fund to state grants.
7 Sec. 20. K.S.A. 72-6505 is hereby amended to read as follows: 72-
8 6505. From the enrollment reports and student residency information so
9 submitted by the university and other information available to it infor-
10 mation, the state board shall determine the amount the university is en-
11 titled to receive as provided in K.S.A. 72-6503 a state grant. The state
12 board and the post auditor may audit the records of the university to
13 verify the accuracy of the reports and other information submitted by the
14 university. The state board may promulgate rules and regulations govern-
15 ing the administration of this act. In the event If the university is paid
16 more than it is entitled to receive under any distribution made hereunder
17 as a state grant, the state board shall notify the university of the amount
18 of such overpayment, and the university shall remit the same to the state
19 board, who which shall deposit the same in the state treasury to the credit
20 of the municipal university state general fund, and if the university fails
21 so to remit, the state board shall deduct the excess amount so paid from
22 future payments becoming due to the university.
23 Sec. 21. K.S.A. 72-6506 is hereby amended to read as follows: 72-
24 6506. The payment to the university of the total amount of its operating
25 grant state grant shall be made in substantially equal amounts on August
26 1 and January 1 of each year, or as soon thereafter as possible. The state
27 board shall certify, on or before July 20 and December 20 of each year,
28 to the director of accounts and reports the amount due the university
29 from the state general fund on August 1 or on January 1, as the case may
30 be, and the director shall draw a warrant upon the state treasurer in favor
31 of the university for such amount. Upon receipt of such warrant, the
32 treasurer of the university shall credit the same to the general fund of the
33 university. All moneys received by the university under this section shall
34 be used to pay current operating expenses of the university, and shall not
35 be used for the making of capital improvements.
36 Sec. 22. K.S.A. 72-6508 is hereby amended to read as follows: 72-
37 6508. The university shall be eligible to receive payments of operating
38 state grants from the state general fund to continue and further its tra-
39 ditional program of operating a liberal arts college, a school of business,
40 a school of law, a school of nursing and a school of applied studies. While
41 receiving payments from the state general fund, the university shall be
42 limited to associates, bachelors, masters and juris doctor degree work and
43 shall not establish specialized schools such as journalism, medicine, phar-
HB 2439
17
1 macy and engineering, or other new educational schools unless authorized
2 by act of the legislature.
3 Sec. 23. K.S.A. 72-6509 is hereby amended to read as follows: 72-
4 6509. The university shall not be eligible to receive payments of operating
5 state grants from the state general fund unless it is currently a member
6 in good standing of the north central association of colleges and
7 universities.
8 Sec. 24. K.S.A. 12-16,102 is hereby amended to read as follows: 12-
9 16,102. (a) Except as provided in this section, "taxing subdivision" means
10 any city, county, township, community college district or other political
11 subdivision of the state of Kansas having authority to levy taxes on taxable
12 tangible property. A community college district shall not be considered a
13 taxing subdivision for the purpose of this section. A school district shall
14 not be considered a taxing subdivision for the purpose of this section
15 except that any school district operating a public library pursuant to K.S.A.
16 72-1623, and amendments thereto, for that purpose, shall be considered
17 a taxing subdivision for the purpose of this section.
18 (b) Any taxing subdivision may create and establish employee benefits
19 contribution funds for (1) the taxing subdivision or (2) any political sub-
20 division for which a tax is levied by such taxing subdivision for the purpose
21 of paying the employer's share of any employee benefits, exclusive of any
22 salaries, wages or other direct payments to such employees, as may be
23 prescribed in the ordinance or resolution of the governing body creating
24 such funds. The taxing subdivision may receive and place in such funds
25 any moneys from any source whatsoever which may be lawfully utilized
26 for the purposes stated in the ordinance or resolution creating such funds,
27 including the proceeds of tax levies authorized by law for such purposes.
28 (c) The governing body of any taxing subdivision having established
29 employee benefits funds under subsection (b) is hereby authorized to levy
30 an annual tax upon all taxable tangible property within the taxing subdi-
31 vision in an amount determined by the governing body to be necessary
32 for the purposes for which such funds were created and to pay a portion
33 of the principal and interest on bonds issued under the authority of K.S.A.
34 12-1774, and amendments thereto, by cities located in the county.
35 Sec. 25. K.S.A. 1998 Supp. 19-101a is hereby amended to read as
36 follows: 19-101a. (a) The board of county commissioners may transact all
37 county business and perform all powers of local legislation and adminis-
38 tration it deems appropriate, subject only to the following limitations,
39 restrictions or prohibitions:
40 (1) Counties shall be subject to all acts of the legislature which apply
41 uniformly to all counties.
42 (2) Counties may not consolidate or alter county boundaries.
43 (3) Counties may not affect the courts located therein.
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1 (4) Counties shall be subject to acts of the legislature prescribing
2 limits of indebtedness.
3 (5) In the exercise of powers of local legislation and administration
4 authorized under provisions of this section, the home rule power con-
5 ferred on cities to determine their local affairs and government shall not
6 be superseded or impaired without the consent of the governing body of
7 each city within a county which may be affected.
8 (6) Counties may not legislate on social welfare administered under
9 state law enacted pursuant to or in conformity with public law No. 271--
10 74th congress, or amendments thereof.
11 (7) Counties shall be subject to all acts of the legislature concerning
12 elections, election commissioners and officers and their duties as such
13 officers and the election of county officers.
14 (8) Counties shall be subject to the limitations and prohibitions im-
15 posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
16 prescribing limitations upon the levy of retailers' sales taxes by counties.
17 (9) Counties may not exempt from or effect changes in statutes made
18 nonuniform in application solely by reason of authorizing exceptions for
19 counties having adopted a charter for county government.
20 (10) No county may levy ad valorem taxes under the authority of this
21 section upon real property located within any redevelopment area estab-
22 lished under the authority of K.S.A. 12-1772, and amendments thereto,
23 unless the resolution authorizing the same specifically authorized a por-
24 tion of the proceeds of such levy to be used to pay the principal of and
25 interest upon bonds issued by a city under the authority of K.S.A. 12-
26 1774, and amendments thereto.
27 (11) Counties shall have no power under this section to exempt from
28 any statute authorizing or requiring the levy of taxes and providing sub-
29 stitute and additional provisions on the same subject, unless the resolution
30 authorizing the same specifically provides for a portion of the proceeds
31 of such levy to be used to pay a portion of the principal and interest on
32 bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
33 ments thereto.
34 (12) Counties may not exempt from or effect changes in the provi-
35 sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.
36 (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
37 to 12-1,109, inclusive, and amendments thereto, counties may not levy
38 and collect taxes on incomes from whatever source derived.
39 (14) Counties may not exempt from or effect changes in K.S.A. 19-
40 430, and amendments thereto. Any charter resolution adopted by a
41 county prior to July 1, 1983, exempting from or effecting changes in
42 K.S.A. 19-430, and amendments thereto, is null and void.
43 (15) Counties may not exempt from or effect changes in K.S.A. 19-
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19
1 302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
2 (16) Counties may not exempt from or effect changes in K.S.A. 13-
3 13a26, and amendments thereto. Any charter resolution adopted by a
4 county, prior to the effective date of this act, exempting from or effecting
5 changes in K.S.A. 13-13a26, and amendments thereto, is null and void.
6 (17) Counties may not exempt from or effect changes in K.S.A. 71-
7 301, and amendments thereto. Any charter resolution adopted by a
8 county, prior to the effective date of this act, exempting from or effecting
9 changes in K.S.A. 71-301, and amendments thereto, is null and void.
10 (18) Counties may not exempt from or effect changes in K.S.A. 19-
11 15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
12 resolution adopted by a county prior to the effective date of this act,
13 exempting from or effecting changes in such sections is null and void.
14 (19) (17) Counties may not exempt from or effect changes in the
15 provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
16 12-1226, and amendments thereto, or the provisions of K.S.A. 1996 1998
17 Supp. 12-1260 to 12-1270, inclusive, and amendments thereto, and 12-
18 1276, and amendments thereto.
19 (20) (18) Counties may not exempt from or effect changes in the
20 provisions of K.S.A. 19-211, and amendments thereto.
21 (21) (19) Counties may not exempt from or effect changes in the
22 provisions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments
23 thereto.
24 (22) (20) Counties may not regulate the production or drilling of any
25 oil or gas well in any manner which would result in the duplication of
26 regulation by the state corporation commission and the Kansas depart-
27 ment of health and environment pursuant to chapter 55 and chapter 65
28 of the Kansas Statutes Annotated and any rules and regulations adopted
29 pursuant thereto. Counties may not require any license or permit for the
30 drilling or production of oil and gas wells. Counties may not impose any
31 fee or charge for the drilling or production of any oil or gas well.
32 (23) (21) Counties may not exempt from or effect changes in K.S.A.
33 79-41a04, and amendments thereto.
34 (24) (22) Counties may not exempt from or effect changes in K.S.A.
35 1996 1998 Supp. 79-1611, and amendments thereto.
36 (25) (23) Counties may not exempt from or effect changes in K.S.A.
37 1996 1998 Supp. 79-1494, and amendments thereto.
38 (26) (24) Counties may not exempt from or effect changes in subsec-
39 tion (b) of K.S.A. 19-202, and amendments thereto.
40 (27) (25) Counties may not exempt from or effect changes in subsec-
41 tion (b) of K.S.A. 19-204, and amendments thereto.
42 (b) Counties shall apply the powers of local legislation granted in
43 subsection (a) by resolution of the board of county commissioners. If no
HB 2439
20
1 statutory authority exists for such local legislation other than that set forth
2 in subsection (a) and the local legislation proposed under the authority
3 of such subsection is not contrary to any act of the legislature, such local
4 legislation shall become effective upon passage of a resolution of the
5 board and publication in the official county newspaper. If the legislation
6 proposed by the board under authority of subsection (a) is contrary to an
7 act of the legislature which is applicable to the particular county but not
8 uniformly applicable to all counties, such legislation shall become effec-
9 tive by passage of a charter resolution in the manner provided in K.S.A.
10 19-101b, and amendments thereto.
11 Sec. 26. K.S.A. 79-5021 is hereby amended to read as follows: 79-
12 5021. As used in K.S.A. 79-5021 to 79-5035, inclusive, and amendments
13 thereto: (a) "Taxing subdivision" means every taxing district in the state
14 of Kansas other than the state and the community colleges organized and
15 operating under the laws of the state; (b) "base year" means either 1988
16 or 1989, whichever is designated by the taxing subdivision as its base year;
17 and (c) "assessed valuation amount for 1989" means the taxable tangible
18 assessed valuation as shown on the November 1, 1989, abstract transmit-
19 ted to the director of property valuation pursuant to K.S.A. 79-1806 ad-
20 justed by changes in valuations which were made prior to July 1, 1990.
21 Sec. 27. K.S.A. 79-5022 is hereby amended to read as follows: 79-
22 5022. (a) In 1990 and in each year thereafter, all existing statutory fund
23 mill levy rate and aggregate levy rate limitations on taxing subdivisions
24 are hereby suspended.
25 (b) Except as otherwise provided in K.S.A. 79-5024 to 79-5027, in-
26 clusive, and amendments thereto, no city, county, township , or municipal
27 university or community college shall certify to the county clerk of the
28 county any tax levies upon tangible property, excluding levies specified in
29 K.S.A. 79-5028, and amendments thereto, which in the aggregate will
30 produce an amount in excess of the amount which was levied by such
31 taxing subdivision in the base year.
32 (c) In 1990, and each year thereafter, the fund levy limits shall be
33 increased by multiplying the dollar amount produced by the levy limit for
34 1988 by the quotient determined by dividing the assessed tangible valu-
35 ation amount of the current year by the assessed valuation amount for
36 1989. The provisions of this subsection shall not be applicable to any city,
37 county, township, or municipal university or community college.
38 Sec. 28. K.S.A. 79-5024 is hereby amended to read as follows: 79-
39 5024. (a) Whenever the taxable assessed tangible valuation of any city,
40 county, township, or municipal university or community college is in-
41 creased by new improvements on real estate or by increased personal
42 property valuation, or both, the amount which would be produced by the
43 aggregate tax levy authorized under K.S.A. 79-5022, and amendments
HB 2439
21
1 thereto, shall be adjusted to increase the amount authorized in the pro-
2 portion that the assessed valuation of the new improvements and the
3 increased personal property valuation bears to the total assessed valuation
4 amount for 1989. With respect to community colleges, whenever the en-
5 rollment of any such college in any school year is greater than such en-
6 rollment in the 1989-1990 school year, the amount which would be pro-
7 duced by the aggregate tax levy authorized under K.S.A. 79-5022, and
8 amendments thereto, shall be adjusted to increase the amount authorized
9 in the proportion that the enrollment of such college for the current
10 school year bears to the enrollment of such college in the 1989-1990
11 school year.
12 (b) Such city, county, township, or municipal university or community
13 college may then levy the amount permitted under K.S.A. 79-5022, and
14 amendments thereto, and in addition thereto the amount produced by
15 the levy on such new improvements and added personal property as pro-
16 vided in this section and, with respect to community colleges, in addition
17 thereto the amount produced as a result of increased enrollment as pro-
18 vided in this section.
19 Sec. 29. K.S.A. 79-5025 is hereby amended to read as follows: 79-
20 5025. In the event that any territory is added to an existing city, county,
21 township, or municipal university or community college, the amount
22 which would be produced by the aggregate tax levy otherwise authorized
23 under K.S.A. 79-5022 and 79-5024, and amendments thereto, shall be
24 adjusted to increase the amount authorized in the proportion that the
25 assessed valuation of the tangible taxable property in the territory added
26 bears to the total taxable assessed tangible valuation of the city, county,
27 township, or municipal university or community college, excluding the
28 property in such added territory.
29 Sec. 30. K.S.A. 79-5026 is hereby amended to read as follows: 79-
30 5026. In the event that any taxable tangible property is excluded from
31 the boundaries of any city, county, township, or municipal university or
32 community college, the amount which would be produced by the aggre-
33 gate tax levy authorized under the provisions of K.S.A. 79-5022 and 79-
34 5024, and amendments thereto, shall be adjusted to decrease the amount
35 authorized in the proportion that the assessed valuation of the tangible
36 property excluded bears to the total taxable assessed valuation of the city,
37 county, township, or municipal university or community college, includ-
38 ing such excluded property.
39 Sec. 31. K.S.A. 79-5028 is hereby amended to read as follows: 79-
40 5028. The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
41 ments thereto, shall not apply to or limit the levy of taxes for the payment
42 of:
43 (a) Principal and interest upon state infrastructure loans, bonds, tem-
HB 2439
22
1 porary notes, no-fund warrants and payments made to a public building
2 commission;
3 (b) judgments, settlements and expenses for protection against lia-
4 bility to the extent such expenses are authorized by article 61 of chapter
5 75 of the Kansas Statutes Annotated and amendments thereto;
6 (c) employer contributions for social security, workers compensation,
7 unemployment insurance, health care costs, employee benefit plans, and
8 employee retirement and pension programs;
9 (d) expenses incurred by counties for district court operations under
10 the provisions of K.S.A. 20-348 or 20-349, and amendments thereto, and
11 expenses incurred by counties for the detention of juveniles;
12 (e) expenses incurred by counties for payment of out-district tuition
13 to community colleges pursuant to K.S.A. 71-301, and amendments
14 thereto, and expenses incurred by counties and townships for payment
15 of out-district tuition to municipal universities pursuant to K.S.A. 13-
16 13a26, and amendments thereto;
17 (f) expenses incurred for the first time on and after January 1, 1996,
18 by cities in effectuating programs specifically enacted and administered
19 for the purpose of preventing juvenile delinquency and crime; or
20 (g) (f) expenses incurred by any taxing subdivision for rebates to own-
21 ers of property in connection with a neighborhood revitalization program
22 instituted in accordance with K.S.A. 1996 1998 Supp. 12-17,114 et seq.,
23 and amendments thereto.
24 The provisions of K.S.A. 79-5021 to 79-5036, inclusive, and amend-
25 ments thereto, do not apply to the tax levies authorized or required under
26 K.S.A. 19-4004, 19-4011, 65-212 and 65-215 and amendments thereto.
27 Amounts produced from any taxes levied for purposes specified in this
28 section shall not be used in computing any aggregate limitation under the
29 provisions of this act. In addition, amounts needed to be produced from
30 the levy of taxes by a taxing subdivision to replace the difference between
31 the amount of revenue estimated to be received by such taxing subdivision
32 pursuant to K.S.A. 79-5101 et seq., and amendments thereto, in 1990,
33 and the amount of such revenue estimated to be received by such taxing
34 subdivision in each year thereafter shall not be used in computing any
35 aggregate limitation under the provisions of this act. On or before June
36 1 of each year, information necessary to make such computation shall be
37 provided to each taxing subdivision by the appropriate county treasurer.
38 Sec. 32. K.S.A. 79-5032 is hereby amended to read as follows: 79-
39 5032. Whenever any city, county, township, or municipal university or
40 community college shall be required by law to levy taxes for the financing
41 of the budget of any political or governmental subdivision of this state
42 which is not authorized by law to levy taxes on its own behalf, and the
43 governing body of such city, county, township, or municipal university or
HB 2439
23
1 community college is not authorized or empowered to modify or reduce
2 the amount of taxes levied therefor, the tax levies of such political or
3 governmental subdivision shall not be included in or considered in com-
4 puting the aggregate limitations upon the property tax levies of the city,
5 county, township, or municipal university or community college levying
6 taxes for such political or governmental subdivision. The fund levy limits
7 of such political or governmental subdivision shall be established in ac-
8 cordance with subsection (c) of K.S.A. 79-5022, and amendments thereto.
9 Sec. 33. K.S.A. 12-16,102, 13-13a25, 13-13a26, 13-13a27, 13-13a28,
10 13-13a29, 13-13a30, 13-13a31, 13-13a32, 13-13a33, 13-13a34, 71-204, 71-
11 304, 71-305, 71-306, 71-402, 71-403, 71-601, 71-604, 71-605, 71-609a,
12 71-610, 71-613, 71-614, 71-615, 71-801, 71-1508, 71-1702, 71-1705, 72-
13 4424, 72-6501, 72-6502, 72-6503, 72-6504, 72-6505, 72-6506, 72-6508,
14 72-6509, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026, 79-5028 and 79-
15 5032 and K.S.A. 1998 Supp. 19-101a, 71-201, 71-301, 71-401, 71-602, 71-
16 607, 71-609, 71-611 and 71-613a are hereby repealed.
17 Sec. 34. This act shall take effect and be in force from and after its
18 publication in the statute book.