April 29, 1999
Journal of the Senate
SIXTY-FOURTH DAY
______
| Senate Chamber, Topeka, Kansas |
| Thursday, April 29, 1999--10:00 a.m. |
The Senate was called to order by President Dick Bond.
The roll was called with thirty-nine senators present.
Senator Hardenburger was excused.
Invocation by Chaplain Fred S. Hollomon:
Heavenly Father,
Kosovo and Littleton. Two places almost a world apart, but remarkably
close in motivation and behavior. Both have involved perpetrators who have
wanted to do away with people they don't like.
There seems to be an epidemic of evil, O God. It is not limited to
undeveloped countries and uncivilized societies. It is not limited to mean-
looking brutes. It appears in tailored suits and youthful forms.
We need your help, O God. We need your strength to stand up to evil
perpetrators. We need your wisdom to pass laws which strengthen the weak
and help those who try to do right.
We need your indwelling Spirit to empower us to live lives which show the
world that there are people who know how to love their enemies,
who do good to those who hate them,
who bless those who curse them,
who pray for those who mistreat them. (Luke 6:27-28)
People who overcome evil with good. (Romans 12:21)
Please grant these requests in Jesus' Name,
AMEN
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Federal and State Affairs: SB 361.
MESSAGE FROM THE GOVERNOR
April 29, 1999
To the Senate of the State of Kansas:
Submitted herewith for confirmation by the Senate are appointments made by me as
Governor of the State of Kansas as of April 29, 1999, pursuant to law.
Bill Graves
Governor
Secretary, Kansas Department of Human Resources, Richard E. Beyer, pursuant to the
authority vested in me by K.S.A. 75-5701, effective upon the date of confirmation by the
Senate to serve at the pleasure of the Governor.
REFERRAL OF APPOINTMENTS
The following appointment made by the Governor and submitted to the senate for
confirmation, was referred to Committee as indicated:
Secretary, Kansas Department of Human Resources, Richard E. Beyer, effective upon the
date of confirmation by the Senate to serve at the pleasure of the Governor.
(Commerce)
COMMUNICATIONS FROM STATE OFFICERS
STATE OF MAINE
House of Representatives
April 9, 1999
Joseph W. Mayo, Clerk of the House, submitted an original signed copy of H.P. 1388,
JOINT RESOLUTION MEMORIALIZING THE UNITED STATES SENATE TO
RATIFY THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL
FORMS OF DISCRIMINATION AGAINST WOMEN.
INFORMATION NETWORK OF KANSAS
Pursuant to K.S.A. 74-9301, Leroy Gattin, Chairman, Information Network of Kansas,
submitted the 1998 Annual Report.
The President announced the above reports are on file in the office of the Secretary of
the Senate and are available for review at any time.
Committee on Ways and Means recommends HB 2115 be amended on page 1,
following line 21, by inserting the following:
Sec. 2. K.S.A. 45-107 is hereby amended to read as follows: 45-107. (a) The secretary
of state shall sell clothbound copies of the session laws at the per volume price for such
clothbound copies fixed by the secretary of state under this section. The secretary of state
shall remit all moneys received under this section to the state treasurer at least monthly,
and the state treasurer shall deposit the same in the state treasury to the credit of the state
general fund.
(b) Whenever the inventory of copies of any volume of the session laws exceeds 100
and a later volume of the session laws has been published, the secretary of state may dispose
of copies of such volume without making a charge therefor until the inventory of such
volume is reduced to 100 copies. When the inventory of any volume of the session laws is
100 copies or less, the secretary of state, with the approval of the revisor of statutes, may
dispose of copies from such inventory without making a charge therefor.
(c) The secretary of state shall fix by rules and regulations the per volume price for
clothbound copies of the session laws sold under this section to recover the costs of printing,
binding and storing such volumes. The secretary of state shall revise all such prices from
time to time as necessary for the purposes of covering and recovering such costs.;
And by renumbering sections accordingly;
Also on page 1, in line 22, after ``K.S.A.'' by inserting ``45-107 and''; also in line 22, by
striking ``is'' and inserting ``are'';
In the title, in line 9, after ``K.S.A.'' by inserting ``45-107 and''; in line 10, by striking
``section'' and inserting ``sections''; and the bill be passed as amended.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 359 was advanced to Final Action, subject to amendment, debate and roll call.
SB 359, An act making and concerning appropriations for the fiscal years ending June
30, 1999, June 30, 2000, and June 30, 2001; authorizing certain transfers and fees, imposing
certain restrictions and limitations and directing or authorizing certain receipts,
disbursements, capital improvements and acts incidental to the foregoing, as amended by
Senator Oleen and Senator Jones on Wednesday, April 28, was considered on final action.
The bill was further amended by motion of Senator Kerr on page 21 of the typed version
of the bill, following line 14, by inserting the following:
``CNG infrastructure grants fund
| For the fiscal year ending June 30, 1999 | No limit'' |
| For the fiscal year ending June 30, 2000 | No limit''; |
Also, on page 18 of the typed version of the bill, by striking all in lines 21 through 32;
On page 19 of the typed version of the bill, by striking all in line 1.
Also, on page 2 of the typed version of the bill, in line 28, preceding the period, by
inserting: ``: Provided further, That expenditures from this account shall be made to serve
persons known to have applied for and been determined to need community developmental
disability services: And provided further, That such expenditures shall be managed so as to
serve as many persons as possible: And provided further, That such expenditures shall not
exceed this amount when serving persons for a full fiscal year''.
Also, on page 5 of the typed version of the bill, in line 33, by striking ``decreased'' and
inserting ``increased''; also in line 33, by striking ``3,111.5`` and inserting ``3,219.5''; in line
35, by striking ``decreased'' and inserting ``increased'';
On page 6 of the typed version of the bill, in line 1, by striking ``$204,930,379'' and
inserting ``$212,487,075''; following line 1, by inserting the following:
``(d) There is appropriated for the above agency from the following special revenue fund
or funds for the fiscal year or years specified, all moneys now or hereafter lawfully credited
to and available in such fund or funds, except that expenditures other than refunds
authorized by law shall not exceed the following:
Transportation revolving fund
| For the fiscal year ending June 30, 2000 | No limit |
Highway bond proceeds fund
| For the fiscal year ending June 30, 2000 | No limit |
Coordinated public transportation assistance fund
| For the fiscal year ending June 30, 2000 | No limit |
(e) On July 1, 1999, the expenditure limitation established by section 89(b) of 1999 Senate
Bill No. 325 on the payments for city connecting links account of the state highway fund is
hereby increased from $2,240,000 to No limit.''
Also, on page 12 of the typed version of the bill, following line 1, by inserting the following:
``(i) In addition to the purposes for which expenditures may be made by the above agency
from the state buildings operating fund for the fiscal year ending June 30, 2000, as authorized
by section 42(b) of 1999 Senate Bill No. 325, expenditures may be made by the above
agency from the state buildings operating fund for fiscal year 2000 for relocation of blind
services and the Kansas industries for the blind.''
Senator Kerr moved to amend the bill on page 24 of the typed version of the bill, in line
4, by reducing the amount in line 4 by $330,000 and adjusting the amount in line 4
accordingly; by striking all in lines 6 and 7; in line 22, by reducing the number by 4.0 and
adjusting the total accordingly.
Senator Hensley requested the amendment be divided into two parts.
Part 1: On page 24, the reduction of $330,000 in line 4; and the change in the position
limitations proposed.
Part 2: Page 24, the deletions of lines 6 and 7.
The amendment offered by Senator Kerr was withdrawn.
The following amendment offered to SB 359 by Senator Kerr was rejected: on page 23
of the typed version of the bill, by striking all in line 18; following line 21, by inserting the
following:
``(c) On July 1, 1999, of the $4,522,741 appropriated for the above agency for the fiscal
year ending June 30, 2000, by section 74(a) of 1999 Senate Bill No. 325 from the state
general fund in the operating expenditures account, the sum of $5,613 is hereby lapsed.''
The amendment was rejected.
Further consideration of SB 359 continued following the recess.
On motion of Senator Emert, the Senate recessed until 1:15 p.m.
______
Afternoon Session
The Senate met pursuant to recess with President Bond in the chair.
INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was introduced and read by title:
SB 365, An act concerning early retirement incentive programs; amending K.S.A. 1998
Supp. 71-212 and 72-5395 and repealing the existing sections, by Committee on Federal
and State Affairs.
REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bill was referred to Committee as indicated:
Education: SB 365.
MESSAGE FROM THE HOUSE
Announcing, the House adopts the conference committee report on SB 345.
Announcing passage of Substitute HB 2571.
Adoption of HCR 5018.
The House adopts the conference committee report on Substitute SB 270.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
Substitute HB 2571; HCR 5018 were thereupon introduced and read by title.
FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS
The Senate returned to consideration of SB 359, An act making and concerning
appropriations for the fiscal years ending June 30, 1999, June 30, 2000, and June 30, 2001;
authorizing certain transfers and fees, imposing certain restrictions and limitations and
directing or authorizing certain receipts, disbursements, capital improvements and acts
incidental to the foregoing, as amended during the morning session.
The bill was amended by motion of Senator Goodwin on page 24, in line 22, by adding
2.0 to the figure in line 22, and changing the figure accordingly; following line 22, by
inserting the following:
``(e) In addition to the other purposes for which expenditures may be made by the above
agency from the children's health care programs fund for fiscal year 2000, expenditures may
be made by the above agency from the children's health care programs fund for fiscal year
2000 for the following specified purposes subject to the expenditure limitations prescribed
therefor:
| Children's health care programs fund--DARE (Drug Abuse ResistanceEducation) coordinator, support staff, training and programexpenditures | $165,300 |
Provided, That all expenditures by the above agency from the children's health care
programs fund for fiscal year 2000 from the children's health care programs fund-- home
and community based services for mental retardation DARE (Drug Abuse Resistance
Education) coordinator, support staff, training and program expenditures account shall be
in addition to any expenditure limitation imposed on the children's health care programs
fund for fiscal year 2000.''
The bill was further amended by motion of Senator Salmans on page 30 of the typed
version of the bill, following line 19, by inserting the following:
| ``Proposed Larned juvenile correctional replacement facility--architectural design and planning for renovation or replacement | $100,000'' |
Senator Gilstrap moved to amend the bill on page 20 of the typed version of the bill,
following line 16, by inserting the following:
``(h) In addition to the purposes for which expenditures may be made by the above agency
from the aid to local units account of the state general fund for the fiscal year ending June
30, 2000, as authorized by section 53 of 1999 Senate Bill No. 325, expenditures may be
made by the above agency from the aid to local units account of the state general fund for
fiscal year 2000 for a contract or contracts between the secretary of health and environment
and not-for-profit organizations for programs that provide services for women which enable
them to carry their pregnancies to term: Provided, That such contracted services may include
an array of social services relating to pregnancy maintenance and that no individuals who
are unable to pay shall be denied the delivery or provision of pregnancy maintenance
services: Provided further, That no contract or contracts under pregnancy maintenance
programs shall be entered into with any group performing, promoting, referring for or
educating in favor of abortion: And provided further, That a not-for-profit organization
awarded a contract under this proviso shall match state moneys under this contract on the
basis of a 50% match from a not-for-profit organization and a 50% match from the
department of health and environment: And provided further, That the secretary of health
and environment shall submit a report to the legislature at the beginning of the regular
session of the legislature in 2000 on the results and outcomes of such pregnancy maintenance
programs: And provided further, That no part of the grant moneys shall be used for any
political purposes: And provided further, That expenditures from the aid to local units
account of the state general fund for fiscal year 2000 for such purpose shall not exceed
$300,000.''
Upon the showing of five hands, a roll call vote was requested.
On roll call, the vote was: Yeas 31, nays 7, present and passing 1; absent or not voting 1.
Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Corbin, Donovan, Downey, Emert,
Feleciano, Gilstrap, Gooch, Harrington, Hensley, Huelskamp, Jones, Jordan, Lawrence,
Lee, Morris, Petty, Praeger, Pugh, Ranson, Salmans, Steffes, Steineger, Stephens, Tyson,
Umbarger, Vratil.
Nays: Becker, Bond, Kerr, Langworthy, Oleen, Salisbury, Vidricksen.
Present and passing: Goodwin.
Absent or not voting: Hardenburger.
The motion carried and the amendment was adopted.
EXPLANATION OF VOTE
Mr. President: This program supports just some Kansas women, Not All Kansas
Women. I vote NO.--Rick Becker
Mr. President: We all have our labels in this chamber. Everyone knows where I stand
on the issue of choice. But I have difficulty voting any way except yes on this amendment
because it respects choice while it provides opportunities for women who want to carry their
pregnancy to term. As an advocate for children and families I feel this is consistent with my
support of programs for children.--Sandy Praeger
Senators Bleeker, Donovan, Jones, Ranson and Vratil request the record to show they
concur with the ``Explanation of Vote'' offered by Senator Praeger on the amendment to
SB 359.
The following amendments offered to SB 359 were rejected:
Senator Tyson moved to amend the bill on page 26 of the typed version of the bill,
following line 4, by inserting the following:
``(b) In addition during the fiscal year ending June 30, 2000, no expenditures by the
department of wildlife and parks from the federal grants fund shall be made for trails-to-
trails projects.''
The amendment was rejected.
Senator Hensley moved to amend the bill on page 2 of the typed version of the bill,
following line 5, by inserting the following:
``CDDO rate reimbursement
| For the fiscal year ending June 30, 2000 | $1,000,000''; |
Upon the showing of five hands, a roll call vote was requested
On roll call , the vote was: Yeas 16, nays 21, present and passing 2; absent or not voting
1.
Yeas: Barone, Biggs, Brownlee, Clark, Downey, Feleciano, Gilstrap, Gooch, Goodwin,
Hensley, Jones, Lee, Petty, Steineger, Stephens, Tyson.
Nays: Becker, Bond, Corbin, Donovan, Emert, Huelskamp, Jordan, Kerr, Langworthy,
Lawrence, Morris, Oleen, Praeger, Pugh, Ranson, Salisbury, Salmans, Steffes, Umbarger,
Vidricksen, Vratil.
Present and passing: Bleeker, Harrington.
Absent or not voting: Hardenburger.
The motion failed and the amendment was rejected.
On roll call for final action on SB 359, the vote was: Yeas 26, nays 11, present and passing
2; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bond, Clark, Corbin, Donovan, Downey, Gilstrap, Gooch,
Goodwin, Jones, Langworthy, Lee, Morris, Oleen, Praeger, Ranson, Salisbury, Steffes,
Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Bleeker, Brownlee, Emert, Harrington, Hensley, Huelskamp, Jordan, Lawrence,
Petty, Pugh, Salmans.
Present and passing: Feleciano, Kerr.
Absent or not voting: Hardenburger.
The bill passed, as amended.
REPORTS OF STANDING COMMITTEES
Committee on Assessment and Taxation begs leave to submit the following report:
The following appointments were referred to and considered by the committee and your
committee recommends that the Senate approve and consent to such appointments:
By the Governor:
Member, Board of Tax Appeals: K.S.A. 74-2433
Susan M. Seltsam, term expires January 15, 2003
Jill A. Jenkins, term expires January 15, 2003
On motion of Senator Emert, the Senate recessed until 4:00 p.m.
______
Evening Session
The Senate met pursuant to recess with President Bond in the chair.
CHANGE OF REFERENCE
The President withdrew HB 2339 from the calendar under the heading of General
Orders, and rereferred the bill to the Committee on Federal and State Affairs.
MESSAGE FROM THE GOVERNOR
April 26, 1999
Message to the Senate of the State of Kansas:
Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby
return Senate Bill 325 with my signature approving the bill, except for the item enumerated
below:
The portion of Section 53 that reads as follows has been line item vetoed:
``And provided further, That expenditures of not to exceed $300,000 may be made from the
aid to local units account for a contract or contracts between the secretary of health and
environment and not-for-profit organizations for programs that provide services for women
which enable them to carry their pregnancies to term: And provided further, That such
contracted services may include an array of social services relating to pregnancy maintenance
and that no individuals who are unable to pay shall be denied the delivery or provision of
pregnancy maintenance services:
``And provided further, That no contract or contracts under pregnancy maintenance
programs shall be entered into with any group performing, promoting, referring for or
educating in favor of abortion: And provided further, That a not-for-profit organization
awarded a contract under this proviso shall match state moneys under this contract on the
basis of a 50% match from a not-for-profit organization and a 50% match from the
department of health and environment: And provided further, That the secretary of health
and environment shall submit a report to the legislature at the beginning of the regular
session of the legislature in 2000 on the results and outcomes of such pregnancy maintenance
programs: And provided further, That no part of the grant moneys shall be used for any
political purposes.''
I an vetoing the proviso creating a pregnancy maintenance program. Currently, financially
needy women are afforded financial assistance through the state for prenatal care, food,
housing, nutrition and child care. State funds should support a range of programs, such as
these, beneficial to women. This proviso discriminates against certain facilities already
providing these valuable prenatal services and duplicates current public and private efforts.
For these reasons, I am line-item vetoing this provision of SB 325.
Bill Graves
Governor
ACTION ON VETO MESSAGE
SB 325, An act making and concerning appropriations for the fiscal years ending June
30, 1999, and June 30, 2000, and authorizing certain financing, for certain capital improve-
ment projects for the state fair board, department of social and rehabilitation services,
Kansas state school for the blind, Kansas state school for the deaf, department of corrections,
state historical society, insurance department, department of administration, department of
commerce and housing, Fort Hays state university, Kansas state university, Kansas state
university--extension systems and agriculture research programs, Kansas state university
veterinary medical center, Emporia state university, Pittsburg state university, university of
Kansas, university of Kansas medical center, Wichita state university, department of human
resources, Kansas commission on veterans affairs, attorney general--Kansas bureau of in-
vestigation, Kansas highway patrol, adjutant general, department of wildlife, parks and ju-
venile justice authority and state board of regents; authorizing the initiation and completion
of certain capital improvement projects; and directing or authorizing certain disbursements
and acts incidental to the foregoing.
The veto message of the Governor having been received, Senator Gilstrap moved the
Senate reconsider the line item vetoed in section 53 that reads as follows:
``And provided further, That expenditures of not to exceed $300,000 may be made from the
aid to local units account for a contract or contracts between the secretary of health and
environment and not-for-profit organizations for programs that provide services for women
which enable them to carry their pregnancies to term: And provided further, That such
contracted services may include an array of social services relating to pregnancy maintenance
and that no individuals who are unable to pay shall be denied the delivery or provision of
pregnancy maintenance services:
``And provided further, That no contract or contracts under pregnancy maintenance pro-
grams shall be entered into with any group performing, promoting, referring for or educating
in favor of abortion: And provided further, That a not-for-profit organization awarded a
contract under this proviso shall match state moneys under this contract on the basis of a
50% match from a not-for-profit organization and a 50% match from the department of
health and environment: And provided further, That the secretary of health and environment
shall submit a report to the legislature at the beginning of the regular session of the legis-
lature in 2000 on the results and outcomes of such pregnancy maintenance programs: And
provided further, That no part of the grant moneys shall be used for any political purposes.''
and that such line item pass notwithstanding the Governor's veto.
On roll call, a call of the Senate was requested upon the showing of five hands.
On roll call, the vote was: Yeas 25, nays 14, present and passing 0; absent or not voting
1.
Yeas: Barone, Biggs, Bleeker, Brownlee, Clark, Donovan, Downey, Feleciano, Gilstrap,
Gooch, Harrington, Hensley, Huelskamp, Jones, Jordan, Lawrence, Lee, Petty, Pugh, Sal-
mans, Steffes, Steineger, Stephens, Tyson, Umbarger.
Nays: Becker, Bond, Corbin, Emert, Goodwin, Kerr, Langworthy, Morris, Oleen, Prae-
ger, Ranson, Salisbury, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
A two-thirds constitutional majority having not voted in favor of overriding the Governor's
veto, the motion did not prevail, and the veto was sustained.
On motion of Senator Emert, the call was lifted.
EXPLANATION OF VOTE
Mr. President: Out of a $9 billion budget the only line item the Governor could find
to veto was a proviso of $300,000 for a program for pregnant woman who want to carry
their pregnancy to term; and possibly place their child for adoption.
The organizations that could apply for matching funds would have had to provide 50%
of the request in order to receive any funding.
The Governor has displayed an unusual way to ``carry the big stick'' that reporters and
editorial boards have opined he should apply to Legislators in the remaining days of session.
Mr. President, I believe that most of those reporting were addressing their support for a
Highway Plan, not pregnant women.--Nancey Harrington
MESSAGE FROM THE HOUSE
Announcing passage of HB 2576.
The House announces the appointment of Representative Reardon to replace Represen-
tative Nichols as a conferee on HB 2548.
INTRODUCTION OF HOUSE BILLS AND CONCURRENT RESOLUTIONS
HB 2576 was thereupon introduced and read by title.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: Sub SB
270; SB 345; HB 2150.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to Substitute for SB 270, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 15, in line 41, by striking all after the period; by striking all in lines 42 and 43,
and inserting ``Hearings may be conducted in person, by telephone or other means of elec-
tronic communication. The hearing shall be conducted by telephone or other means of
electronic communication if none of the parties requests an in-person hearing. If only one
party requests an in-person hearing, the referee shall have the discretion of requiring all
parties to appear in person or allow the party not requesting an in-person hearing to appear
by telephone or other means of electronic communication. The notice of hearing shall
include notice to the parties of their right to request an in-person hearing and instructions
on how to make the request.'';
And your committee on conference recommends the adoption of this report.
Al Lane
Carol E. Beggs
L. Candy Ruff
Alicia L. Salisbury
Leslie D. Donovan
Jim Barone
Senator Salisbury moved the Senate adopt the Conference Committee Report on Sub
SB 270.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corgin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not votin: Hardenburger.
The Conference Committee report was adopted.
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on House amend-
ments to SB 345, submits the following report:
The Senate accedes to all House amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with House Committee of the Whole
amendments, as follows:
On page 5, in line 6, by striking ``affecting'' and inserting ``affect''; in line 7, by striking
``to'' and inserting ``and affordability of''; also in line 7, by striking ``by'' and inserting ``to'';
in line 8, before the semicolon, by inserting ``and affordability'';
On page 9, following line 35, by inserting a new section as follows:
``New Sec. 12. (a) During the 2000 fiscal year, the state board of regents (1) shall review
the performance indicators developed by the postsecondary educational institutions, includ-
ing the municipal university; (2) after consideration of the core indicators of quality per-
formance identified by the respective commissions and with the active involvement of the
institutions, shall approve those indicators that the state board determines should be imple-
mented; and (3) shall select from among the indicators approved for implementation those
indicators that will become determinants for the allocation of state moneys on the basis of
performance. The indicators selected may vary among the institutions and among institu-
tional sectors.
(b) During the 2001 fiscal year, the postsecondary educational institutions, including
the municipal university, shall develop institutional improvement plans showing how they
will implement the performance indicators applicable to their institution and how they will
measure performance on the basis of each indicator. Institutional improvement plans shall
be revised and submitted to the state board of regents by each institution at least every
three years. The board of regents shall provide technical assistance to institutions in the
development, implementation, and revision of their improvement plans.
(c) Commencing on July 1, 2001, institutional improvement plans shall be implemented
for each postsecondary educational institution, including the municipal university. Each
institution shall begin the data collection, measurement, or other documentation necessary
in order for its performance to be evaluated with regard to each indicator.'';
By renumbering sections 12 through 37 as sections 13 through 38, respectively;
On page 23, in line 23, after ``less'', by striking ``the'' and inserting ``an''; also in line 23,
after ``amount'', by inserting ``equal to 25% of the amount''; in line 29, after ``less'', by striking
``the'' and inserting ``an''; also in line 29, after ``amount'', by inserting ``equal to 25% of the
amount''; in line 30, by striking ``such'' and inserting ``the 2000'';
On page 30, by striking all of lines 11 through 35; following line 35, by inserting a new
section as follows:
``Sec. 39. On July 1, 1999, K.S.A. 71-601, as amended by section 1 of 1999 House Bill
No. 2060, shall be and is hereby amended to read as follows: 71-601. (a) ''Credit hour``
means the basic unit of collegiate level instruction, as determined by the state board, in a
subject or course offered at a level not higher than those subjects or courses normally offered
to freshmen and sophomores in four-year institutions of postsecondary education which
subject or course is approved by the state board. Credit hour does not include within its
meaning instruction in a subject or course taken by a student enrolled for audit or in any
subject or course not approved by the state board. The state board, in consultation with the
state board of regents, shall determine whether the subjects and courses offered in the
community colleges are at the level of freshmen and sophomore subjects and courses offered
in the state educational institutions and shall not approve any subject or course offered at
a higher level.
(b) ``Full-time equivalent enrollment'' or ``FTE enrollment'' means the quotient obtained
by dividing by 30 the total credit hour enrollment in a fiscal year of students of a community
college who are residents of the state of Kansas, or are considered residents of the state of
Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-407, and amendments thereto.
(c) ``State grant'' means the operating grant provided for under subsection (a) of section
40, and amendments thereto, and if entitlement is determined, the quality performance grant
provided for under subsection (b) of section 40, and amendments thereto.'';
By renumbering sections 39 through 65 as sections 40 through 66, respectively;
Also on page 30, in line 40, by striking ``state aid'' and inserting ``moneys from the state
general fund expended''; in line 41, by striking ``that'' and inserting ``in the preceding fiscal
year at''; in line 42, by striking ``are entitled to receive for the year'';
On page 31, in line 18, by striking ``for entitlement''; also in line 18, after ``to'', by inserting
``receive''; in line 24, by striking ``is entitled to'' and inserting ``shall receive''; in line 29, by
striking ``is entitled to'' and inserting ``shall'';
On page 32, in line 16, by striking ``state''; also in line 16, before ``grant'', by inserting
``state''; in line 19, by striking ``state''; in line 20, before ``grants'', by inserting ``state''; in line
22, by striking ``state''; in line 23, before ``grant'', by inserting ``state''; in line 40, before
``the'', by inserting a comma;
On page 40, in line 13, by striking ``32'' and inserting ``33''; in line 17, by striking ``28''
and inserting ``29''; following line 32, by inserting a new paragraph as follows:
``(3) The provisions of this subsection shall expire on June 30, 1999.'';
On page 42, in line 43, by striking ``state aid'' and inserting ``moneys from the state general
fund expended'';
On page 43, in line 1, by striking ``that'' and inserting ``in the preceding fiscal year at'';
also in line 1, by striking ``are entitled to re-''; in line 2, by striking all before the semicolon;
in line 20, by striking ``for entitlement''; also in line 20, after ``to'', by inserting ``receive''; in
line 25, by striking ``is entitled to'' and inserting ``shall receive''; in line 29, by striking ``is
entitled to'' and inserting ``shall''; in line 36, by striking ``Hayes'' and inserting ``Hays'';
On page 44, in line 16, by striking ``state''; also in line 16, before ``grant'', by inserting
``state''; in line 18, by striking ``state''; in line 19, before ``grant'', by inserting ``state'';
On page 46, by striking all of lines 13 through 30; following line 30, by inserting a new
section as follows:
``Sec. 67. On July 1, 1999, K.S.A. 13-13a25, as amended by section 7 of 1999 House
Bill No. 2565, shall be and is hereby amended to read as follows: 13-13a25. (a) As used in
K.S.A. 13-13a25 through 13-13a34, and amendments thereto:
(a) (1) ``Board of levy'' means the board of county commissioners of every county in
which there is not located a municipal university and the township trustee, township clerk
and township treasurer, acting as a board, of every township within every county in which
there is located a municipal university, except that board of levy shall not include a township
within a county in which there is located a municipal university which has levied a coun-
tywide retailer's sales tax.
(b) (2) ``Municipal university'' means a municipal university established under the pro-
visions of article 13a of chapter 13 of Kansas Statutes Annotated.
(c) (3) ``Municipal university district'' means the taxing district of a municipal university.
(d) (4) ``Taxing subdivision'' means every county in which there is not located a munic-
ipal university and every township within every county in which there is located a municipal
university, except that taxing subdivision shall not include a township within a county in
which there is located a municipal university which has levied a countywide retailer's sales
tax.
(e) (5) ``State board'' means the state board of education regents.
(b) The provisions of this section shall expire on June 30, 2003.'';
By renumbering sections 67 through 85 as sections 68 through 86, respectively;
On page 50, in line 19, by striking ``for entitlement''; also in line 19, after ``to'', by inserting
``receive''; in line 25, by striking ``is''; in line 26, by striking ``entitled to'' and inserting ``shall
receive''; in line 30, by striking ``is en-''; in line 31, by striking ``titled to'' and inserting ``shall'';
On page 51, in line 24, by striking ``for entitlement''; also in line 24, after ``to'', by inserting
``receive''; in line 30, by striking ``is entitled to'' and inserting ``shall receive''; in line 35, by
striking ``is entitle to'' and inserting ``shall'';
On page 59, by striking all of lines 16 through 26; following line 26, by inserting 46 new
sections as follows:
``Sec. 87. On July 1, 1999, K.S.A. 71-202 shall be and is hereby amended to read as
follows: 71-202. Whenever a contract is made by a community college with one or more
public or private institutions or agencies located without outside the state of Kansas for
academic or vocational education, the provisions of this section shall apply thereto.
(a) Such contracts shall be made only with respect to places of instruction located in
one or more states adjoining the state of Kansas.
(b) Whenever such a contract is made with a private agency or institution, the same
shall be limited to courses or programs related to the healing arts or medical skills or
techniques and medical science. Every such contract shall contain a provision that the same
may be nullified by a written notice at any time prior to May 1 of any year, with the
nullification taking effect on June 1 of such year.
(c) Such contracts shall be subject to limitation, change or termination by the legislature,
and shall contain a provision to such effect.
(d) No such agreement shall take effect until approved by the state board of education.
Every board of trustees which makes a contract to which this section applies shall make
such periodic and special reports of statistical and financial information to the state board
of education as it may request. The state board of education and its officers and agents may
inspect and audit any of the financial records of any such board and may enter and inspect
any physical facility related to any such contract whether in this state or in another state.
Sec. 88. On July 1, 1999, K.S.A. 71-211 shall be and is hereby amended to read as
follows: 71-211. (a) The director of accounts and reports, with the advice of the state board
of education regents and the legislative educational planning committee, shall formulate,
devise and prescribe a standardized and uniform chart of accounts for use by all community
colleges. Such chart of accounts shall be compatible with the revenues and expenditures
classification system developed by the national association of college and university business
officers. The chart of accounts shall be adaptable to manual or automated systems, and use
of such chart of accounts is hereby required for all community colleges.
(b) The standardized and uniform chart of accounts required by this section for com-
munity colleges shall be prescribed not later than July 1, 1980.
Sec. 89. On July 1, 1999, K.S.A. 71-701 shall be and is hereby amended to read as
follows: 71-701. As used in this act, unless the context otherwise requires:
(a) The term ''Community college`` means a public community college established under
the provisions of this act. The official name of such a community college shall be ``the ________
community college'' and the blank shall be filled with the name of the city or county.
(b) The term ``State board'' means the state board of education regents.
(c) The term ``Community college district'' means the taxing district of a community
college.
(d) The term ``Board of trustees'' means the governing body of a community college.
(e) The term ``State plan'' means the plan adopted for community colleges as heretofore
provided by law, and such plan as it is from time to time amended by the state board upon
recommendation of the advisory council; such plan may include other matters listed in the
``community college act'' and acts amendatory thereof, or supplemental thereto.
(f) The term ``Campus'' means the location of all or part of the buildings and facilities
of a community college.
(g) The term ``Advisory council'' means the advisory council provided for by K.S.A. 71-
901, and amendments thereto.
(h) The term ``state department of education'' means the department of, and which is
administered by and under the direction of, the state board.
(i) The term ``director'' means the person appointed by the state board to be responsible
for staff duties of the supervision of community colleges.
(j) The term ``Student tuition'' means the charge made to and paid by students for the
privilege of attending a community college and participation participating in the institutional
program.
(k) The term (i) ``Chief school administrator administrative officer'' means the president
or one so appointed by the board of trustees.
Sec. 90. On July 1, 1999, K.S.A. 71-802 shall be and is hereby amended to read as
follows: 71-802. At any time, if the state board of education regents finds that a community
college previously approved or deemed approved has failed to comply with the provisions
of this act or with any provision of a rule or regulation adopted pursuant to this act, or fails
to meet the standards contained in this act, the state board of education regents shall so
advise the board of trustees thereof. If after twelve (12) 12 calendar months after any such
notification such board of trustees has failed to correct the deficiency noted, the state board
of education regents shall withdraw approval of the community college and it shall not be
entitled to state aid during the continuance of any such period of withdrawal. Any action of
the state board of education regents in granting, denying or withdrawing approval of a
community college shall be subject to review by the legislature.
Sec. 91. On July 1, 1999, K.S.A. 71-901 shall be and is hereby amended to read as
follows: 71-901. There is hereby established the advisory council of community colleges
which shall be composed of eleven (11) 11 members who shall be appointed by the governor
with qualifications and terms as follows:
(a) One member of the board of regents commission for community colleges and vo-
cational/technical education nominated by the state board of regents for a term concurrent
with his or her the member's term as member of the board of regents commission;
(b) one member of the state board of education nominated by the state board of edu-
cation for a term concurrent with his or her the member's term as member of the state
board of education;
(c) one chief administrator administrative officer of a community college for a term
concurrent with his or her the officer's term as such chief administrator administrative officer
but not exceeding to exceed four (4) years;
(d) one member of a the board of trustees of a community college for a term concurrent
with his or her the member's term on such board of trustees but not to exceed four (4) years;
(e) a representative of private colleges nominated by the Kansas association of private
colleges for a term not to exceed four (4) years;
(f) a representative of the secondary schools for a term not to exceed four (4) years;
(g) a president the chief executive officer of one of the state universities educational
institutions for a term not to exceed four (4) years;
(h) four (4) persons selected by the governor who are representative of labor, business
and industry, agriculture, and the professions for terms of four years.
As vacancies occur or terms expire for members of the advisory council, appointments of
successors shall be made as for the appointments of their predecessors.
The state board and the director of vocational education chief executive officer of the state
board shall be notified of all meetings of the advisory council and may attend the same such
meetings but, except for the member of the state board who is a member of the advisory
council, shall not be voting members thereof of the advisory council.
Members of the advisory council attending meetings of such council, or attending a sub-
committee meeting thereof authorized by such council, shall be paid amounts provided in
subsection (e) of K.S.A. 75-3223, and amendments thereto.
Sec. 92. On July 1, 1999, K.S.A. 71-902 shall be and is hereby amended to read as
follows: 71-902. The advisory council shall hold two regular meetings each year. The council
shall elect a chairman chairperson and vice-chairman vice-chairperson. The director shall
serve as secretary of the advisory council but he shall not be a voting member thereof.
Meetings of the advisory council may be called by the state board of education regents or
by the chairman chairperson and one member of the advisory council or by any four (4)
members of the advisory council. All meetings of the advisory council shall be held in the
city of Topeka or at such place as shall be determined by the advisory council.
Sec. 93. On July 1, 1999, K.S.A. 71-1104 shall be and is hereby amended to read as
follows: 71-1104. Whenever an election for approval of the establishment of a community
college is held as provided in subsection (d) of K.S.A. 71-1103, and amendments thereto,
the results of such election shall be certified to the state board by the election officer of
each county in which there is located any part of the territory of the proposed community
college, to. The state board of education who shall tabulate and canvass the vote if more
than one county is involved, and shall examine the vote if only one county is involved. After
such examination or canvass the state board of education shall announce the result of the
election and if it finds that a majority of those voting at the election voted in favor of the
proposition to establish the community college, it shall so announce and issue an order
establishing the same.
Sec. 94. On July 1, 1999, K.S.A. 71-1105 shall be and is hereby amended to read as
follows: 71-1105. The order of the state board of education establishing any community
college shall specify contain the following:
(1) Describe (a) A description of the territory of the community college district.
(2) State (b) A statement of the legal name of the community college.
(3) Fix (c) The effective date of the establishment of the community college for the
purpose of taxation.
(4) Fix (d) The date that courses may first be offered by the community college.
(5) Fix (e) The date of the first election of members of the board of trustees, and a date
two weeks prior thereto upon which the primary election, if needed, shall be held.
(6) Name (f) A designation of the voting plan and method of election which shall initially
apply in such community college district, and the voting plan and method of election shall
be selected from those specified in chapter 71 of Kansas Statutes Annotated. If a member
district method is selected the boundary of each member district shall be set forth.
(7) Specify (g) A specification of the election officer or officers who shall be locally
responsible for conduct of the first election of trustees, and if more than one election officer
is involved, the order shall also provide for certification of the results in each county to the
state board of education for canvass of the vote and announcement and certification of the
final result thereof, both in the primary and general elections.
(8) Fix (h) The date and place of the first meeting of the board of trustees.
Sec. 95. On July 1, 1999, K.S.A. 71-1106 shall be and is hereby amended to read as
follows: 71-1106. The order establishing any new community college shall be certified to
the election officer or officers of the county or counties in which any part of the territory
of the community college is located, and to the board of education of any sponsoring school
district, and a copy of such order shall be filed in the records of the state board of education.
Sec. 96. On July 1, 1999, K.S.A. 71-1201 shall be and is hereby amended to read as
follows: 71-1201. Territory may be added to any community college district which has been
established under this act either by deemed approval or by election approval by one of the
following methods:
(a) The board of education of any unified district a part of which is in the community
college district or which touches and adjoins a community college district may petition the
state board of education for attachment of the territory of such unified district to the com-
munity college district for community college purposes. Upon receiving any petition under
this subsection, the same shall be submitted to the advisory council for its advice and rec-
ommendations which, together with the petition, shall be presented to the state board of
education. After considering the petition the state board of education may approve such
attachment, if the advisory council has so recommended. If the advisory council has not so
recommended the state board of education shall so inform the board of trustees of the
community college involved and may request its recommendation as to such attachment. If
such request is made and if such board of trustees recommends such attachment the same
may be approved by the state board of education. Upon granting any approval for attachment
of territory the state board of education shall so inform the county election officers of
counties in which the territory to be attached is located, and such county election officers
shall conduct an election for approval for such attachment in the area petitioned for attach-
ment. Such election shall be conducted in accordance with the procedure for approval for
establishment of a community college as specified in this act. The question submitted shall
be: ``Shall the proposed attachment of territory to the ________ community college
district be approved?'', and the blank shall be filled by with the name of the community
college. The expenses of the election shall be paid by the community college. In the event
that such attachment is so approved by such election the state board of education shall issue
an order attaching the same to the community college district. The provision provisions of
subsection (b) of K.S.A. 71-1102, and amendments thereto, shall also apply to this subsection.
(b) Any board of trustees may petition the state board of education for the attachment
of any adjoining territory to the community college district. Such petition shall be processed
as in subsection (a) of this section, except that in the event of disapproval by the advisory
council the state board of education shall so inform the board of trustees and in such case
such attachment shall not be made. If the advisory council approves such petition, the state
board of education shall direct notify the county election officers of counties in which the
territory to be attached is located, and such county election officers shall conduct an election
for approval of such attachment in the area petitioned for attachment. No attachment of
territory shall be made under this subsection (b) unless such attachment has been approved
by a majority of those voting in the territory to be attached. Such election shall be conducted
in accordance with the procedure for approval of the establishment of community colleges
as specified in this act. The question submitted shall be: ``Shall the proposed attachment of
territory to the ________ community college district be approved?'', and the blank shall
be filled with the name of the community college. In the event that such attachment is so
approved by such election the state board of education shall issue an order attaching the
same to the community college district. The expenses of the election shall be paid by the
community college.
(c) No territory shall be attached to any community college district within one hundred
and twenty (120) 120 days prior to the general election of members of the board of trustees.
(d) In the event that If the community college attaching territory under subsection (a)
or (b) of this section has member district method of election, no approval thereof shall be
given by the state board of education and no proposition for approval thereof shall be
submitted to any election until new proposed member districts for the community college
territory as the same will exist after the addition of territory have been established by the
state board of education.
Sec. 97. On July 1, 1999, K.S.A. 71-1309 shall be and is hereby amended to read as
follows: 71-1309. Unless the context otherwise requires, As used in article 13 of chapter 71
of Kansas Statutes Annotated: (a) State board'' means the constitutional state board of ed-
ucation regents.
(b) ``County election officer'' means the election commissioner in counties having which
have an election commissioner, and the county clerk in counties which do not have an
election commissioner.
Sec. 98. On July 1, 1999, K.S.A. 71-1406 shall be and is hereby amended to read as
follows: 71-1406. (a) Determination of any community college to change from one method
of election to another method of election shall be by either one of the following:
(1) The board, by a majority vote of the members-elect thereof, may adopt a resolution
to change the method of election. Such resolution shall specify the existing method of
election, and the proposed method of election, together with a statement that the change
will be made only after the proposed change and plan for change are first approved by the
state board of education.
(2) The board, by a majority vote of the members-elect thereof, may adopt a resolution
to change the method of election. Such resolution shall specify the existing method of
election and the proposed method of election, together with a statement that the change
will not be made unless approved by a majority of the electors of the community college
district voting at an election at which the question is submitted. Such resolution shall state
that the plan of change is filed in the office of the clerk of the board.
(b) Every plan of change shall also state the existing and proposed voting plan of the
community college district, and such voting plan shall be one of the three (3) voting plans
specified in K.S.A. 71-1420, and amendments thereto.
Sec. 99. On July 1, 1999, K.S.A. 71-1507 shall be and is hereby amended to read as
follows: 71-1507. (a) The board of trustees of any community college and the board of any
area vocational school or area vocational-technical school may make and enter into agree-
ments providing for the transfer from the area vocational school or area vocational-technical
school to the community college of any approved vocational education program being of-
fered and taught at the postsecondary level in the area vocational school or area vocational-
technical school.
(b) In the event the board of trustees of a community college and the board of an area
vocational school or area vocational-technical school enter into an agreement authorized
under subsection (a), the following conditions shall apply:
(1) The state board of education regents shall be notified of the agreement at the time
the agreement is executed.
(2) The agreement shall be effective only after approval by the state board of education
regents.
(3) Any vocational education program transferred in accordance with the agreement
shall be offered and taught in the community college only after approval of the program by
the state board of education regents.
(4) The agreement shall be subject to change or termination by the legislature.
(5) (A) The duration of the agreement shall be perpetual unless terminated in accord-
ance with provision (B).
(B) Termination of the agreement may be accomplished only upon approval by the state
board of education regents of a joint petition to it for termination by the contracting boards
after adoption of a resolution to that effect by each such board. The state board of education
regents shall consider the petition and approve or disapprove termination of the agreement.
Upon termination of the agreement, any program transferred thereunder shall be
discontinued.
Sec. 100. On July 1, 1999, K.S.A. 72-4408, as amended by section 1 of 1999 House Bill
No. 2062, shall be and is hereby amended to read as follows: 72-4408. The state of Kansas
hereby accepts the provisions and benefits of the Carl D. Perkins vocational and technical
education act of 1998, and acts amendatory thereof and supplemental thereto. The state
board of education regents is hereby designated as the sole agency for supervision of the
administration of vocational education by local educational agencies. The state board of
education regents is authorized to prepare, from time to time amend, and administer the
state plan for vocational education as provided in the above cited federal act.
Sec. 101. On July 1, 1999, K.S.A. 1998 Supp. 72-4412, as amended by section 2 of 1999
House Bill No. 2062, shall be and is hereby amended to read as follows: 72-4412. As used
in this act:
(a) ``Board'' means the board of education of any school district, the board of trustees
of any community college, the board of regents of any municipal university, the board of
control of any area vocational-technical school, the governing body of any technical college,
or the state board of regents chief executive officer of any state educational institution.
(b) ``Area vocational school'' means any vocational education school established under
authority of the laws of this state, approved and officially designated as an area vocational
school by the state board, and operated under the any board of education of a school district,
the board of trustees of a community college, the state board of regents, or the board of
regents of a municipal university. Any area vocational school, except for purposes of the
construction of this act, may retain and use the name given to such school prior to the
effective date of this act, even though such name includes the words ``area vocational-
technical school.'' Until this provision is amended by or repealed from law, the state board
shall not approve the establishment or operation of any area vocational school which has
not been approved for establishment or officially designated as an area vocational school
prior to the effective date of this act, except that a community college which is consolidated
with an area vocational school or area vocational-technical school under the provisions of
K.S.A. 71-1701 through 71-1706, and amendments thereto, may be designated as an area
vocational school.
(c) ``Area vocational-technical school'' means any vocational education school which was
classified as a type II area vocational-technical school under authority of former laws or
which is established and classified as a type II area vocational-technical school under au-
thority of this act. The schools to which this definition applies are:
(1) Southeast Kansas area vocational-technical school;
(2) Northwest Kansas area vocational-technical school; and
(3) Johnson county area vocational-technical school.
The governing body of an area vocational-technical school shall be called a board of
control and shall be constituted as is provided by agreement of the boards participating
therein. Members of the board of control shall be paid subsistence allowances, mileage and
other actual and necessary expenses incurred in the performance of their official duties. The
state board may adopt special rules and regulations applicable to the conduct, operation and
administration of area vocational-technical schools. Nothing in this act shall be construed
to authorize the establishment or operation of any area vocational-technical school not spe-
cifically designated in this subsection. Unless approved by the state board of education
regents, no area vocational-technical school shall construct or reconstruct or acquire any
building or land until this provision is amended or repealed from the law. Nothing in this
act shall be deemed to prevent any board from entering into an agreement for participation
in the operation of any area vocational-technical school designated in this subsection; nor
shall any board which is now or hereafter a participant in the operation of such an area
vocational-technical school be prevented by the provisions of this act from withdrawing
therefrom in the absence of a written agreement to the contrary.
(d) ``School district'' means any school district organized under the laws of this state.
(e) ``Community college'' means any community college organized and operating under
the laws of this state.
(f) ``Municipal university'' means a municipal university established under the provisions
of article 13a of chapter 13 of Kansas Statutes Annotated.
(g) ``State educational institution'' means the university of Kansas, Kansas state univer-
sity of agriculture and applied science, Wichita state university, Emporia state university,
Pittsburg state university, Fort Hays state university, and Kansas state university--Salina,
college of technology.
(h) ``Technical college'' means an educational institution that formerly was an area vo-
cational school or an area vocational-technical school and that has been converted to, es-
tablished as, and officially designated a technical college under authority of this act.
(i) ``State board'' means the state board of education regents.
(j) ``School year'' means the twelve-month period ending on June 30.
(k) ``Vocational education'' means organized educational programs offering a sequence
of courses which are directly related to the preparation of individuals in paid or unpaid
employment in current or emerging occupations requiring other than a baccalaureate or
advanced degree. Such programs shall include competency-based applied learning which
contributes to an individual's academic knowledge, higher-order reasoning, and problem-
solving skills, work attitudes, general employability skills, and the occupational-specific skills
necessary for economic independence as a productive and contributing member of society.
The term vocational education also includes technology education.
(l) ``Technology education'' means an applied discipline designed to promote techno-
logical literacy which provides knowledge and understanding of the impacts of technology
including its organizations, techniques, tools and skills to solve practical problems and extend
human capabilities in technological areas.
(m) ``State plan'' means a document or set of documents, together with attachments
and supplements thereto, containing such provisions as are authorized by this act and re-
quired by the Carl D. Perkins vocational and technical education act of 1998, and acts
amendatory thereof or supplemental thereto.
(n) ``Associate of applied science degree program'' means a program that is offered and
maintained by a technical college, composed of vocational, technology, and general edu-
cation courses of instruction for which individuals may earn college credit, designed to
prepare individuals for gainful employment in technical or technological occupations re-
quiring other than a baccalaureate or advanced degree or to qualify individuals for transfer
to another college or university and, after satisfactory completion of the requirements for
graduation, results in the conferral of an associate of applied science degree. For the purpose
of awarding college credit for completion of coursework leading to the conferral of an
associate of applied science degree, a credit hour shall consist of 15 clock hours of instruction
in general education courses or 30 clock hours of instruction in vocational or technology
education courses.
Sec. 102. On July 1, 1999, K.S.A. 72-4416 shall be and is hereby amended to read as
follows: 72-4416. (a) Subject to the provisions of subsection (b), any board may present a
plan to the state board for the establishment and operation of an area vocational school.
The plan may specify that the area vocational school is to be a department or a division of
a school district or a community college or a state educational institution under the state
board of regents or a municipal university. The plan shall be prepared in such form as is
prescribed by the state board.
Information included in support of the plan shall include, but not be limited to the
following:
(1) Concentration of population within a reasonable service area;
(2) total enrollments in the elementary and secondary schools within the area,
separately;
(3) number of persons graduating from high school within the area;
(4) probability of growth in elementary and secondary school enrollments within the
area;
(5) identification of vocational education services needed within the area;
(6) local interest and attitudes toward the program;
(7) ability to contribute to the financial support of the program; and
(8) consideration of the area in relation to other programs or requests for programs of
vocational education to prevent, as nearly as is practicable, overlapping or duplication of
educational services.
Upon receipt and examination of a plan, the state board shall conduct such public hearings
and make such investigations related to the plan as it deems appropriate. If the plan sub-
mitted is approved, or approved after amendment, the state board shall issue an order
authorizing the establishment of an area vocational school.
(b) The state board shall not approve any plan submitted to it under subsection (a) after
the effective date of this act until this subsection is amended by or repealed from law.
Sec. 103. On July 1, 1999, K.S.A. 72-4417 shall be and is hereby amended to read as
follows: 72-4417. (a) Students admitted to a vocational education course or program which
is conducted by the school district in which the student is enrolled may be charged fees but
shall not be charged tuition.
(b) Postsecondary students admitted to a vocational education course or program shall
pay tuition and fees as provided by laws applicable thereto.
(c) (1) Except as provided in paragraph (2) of this subsection, students admitted to a
vocational education course or program which is conducted by a community college shall
pay tuition and fees as provided by laws applicable to community colleges and the provisions
of this section shall not apply thereto, nor shall any provisions of this act which are incon-
sistent with laws relating to community college tuition and fees apply to community colleges.
(2) Students admitted to a vocational education course or program under the provision
of K.S.A. 71-1706 and which is conducted by a community college which is consolidated
with an area vocational school or area vocational-technical school may be charged fees but
tuition shall be paid as provided in paragraph (2) of subsection (d). Nothing in this act shall
be construed to amend, repeal or in any way change laws relating to community college
student or out-district tuition.
(d) Students admitted to a vocational education course or program which is not con-
ducted by the school district in which the student is enrolled shall be charged tuition and
fees determined in accordance with subsection (e), subject however to the following: (1)
Tuition or fees, or tuition and fees may be paid for the student in accordance with any
agreement made under K.S.A. 72-4421, and amendments thereto; or
(2) if tuition of a student is not paid under provision (1) of this subsection, the tuition
of the student shall be paid by the school district in which the student is enrolled. No school
district shall pay tuition for a student who is a postsecondary student, and no school district
shall be required to pay tuition or fees of a student who is eligible to have tuition and fees
for the course or training the student selects paid by any state or federal agency from moneys,
funds or appropriations made available under any one or more federal programs. Any state
agency administering any one or more such programs shall pay such tuition and fees upon
proper application by a student therefor.
(e) All tuition and fees charged for vocational education by any board shall be in such
amounts as are authorized by rules and regulations adopted by the state board which shall
establish general guidelines for tuition and fee schedules in vocational education courses
and programs, except that tuition of postsecondary students shall be fixed in accordance
with K.S.A. 72-4433, and amendments thereto. The particular tuition and fee schedule of
every vocational education program shall be subject to annual approval of the state board.
A current complete schedule of tuition and fees for each vocational education course and
program of each board as approved by the state board shall be maintained on file in the
office of the state department of education board, and shall be open for public inspection
at any reasonable time.
Sec. 104. On July 1, 1999, K.S.A. 72-4418 shall be and is hereby amended to read as
follows: 72-4418. (a) Consonant with the provisions of subsection (b), the state board of
education regents shall adopt rules and regulations relating to enrollment procedures for
students in vocational education courses or programs.
(b) Any person may apply to the board of education of the school district in which the
person is enrolled for admittance to a vocational education course or program conducted
in another school district. The application shall be approved by the board of education
subject to the following conditions:
(1) The person is approved for admittance by the board administering the vocational
education course or program.
(2) The course or program applied for is not offered in the vocational education de-
partment of the school district in which the student is enrolled, nor in a program which is
available to residents of the school district in which the applicant is enrolled under the terms
of an agreement made under K.S.A. 72-4421, and amendments thereto.
(3) The person applying is capable of benefiting from the instruction.
(c) Any eligible person may apply for admittance as a postsecondary student to a vo-
cational education course or program of a school, as defined by subsection (k) of K.S.A. 72-
4430, and amendments thereto, and shall be approved for admittance in accordance with
rules adopted by the board of the school to which application is made.
(d) Any person may apply for admittance to a vocational education course or program
of a community college and shall be approved for admittance in accordance with rules
adopted by the community college to which application is made.
(e) Any person admitted to any vocational education course or program shall meet such
requirements of minimum age as are provided by law for the specific occupation or training
courses or programs in which the person is enrolled.
(f) Any person who duly makes application for admission to a vocational education
course or program, and whose application is denied for any reason, may request a review
of the denial by the state board of education regents in accordance with the provisions of
K.S.A. 77-527, and amendments thereto.
Sec. 105. On July 1, 1999, K.S.A. 72-4421 shall be and is hereby amended to read as
follows: 72-4421. Any board may enter into a vocational education agreement with any other
board or boards, subject to the following:
(a) Such agreement shall be for a term of at least three years but not exceeding five
years.
(b) Such agreement shall be subject to change or cancellation by the legislature at any
time in accordance with article 6, section 5 of the constitution of Kansas.
(c) Such agreement shall be approved by the state board before the same has any force
or effect.
(d) Such agreement may provide for payment between boards of moneys for vocational
education tuition or fees, or for establishing, conducting, maintaining or administering an
area vocational school or any vocational education course or program.
(e) Such agreement may provide that the tuition of students enrolled in any of the
contracting districts, when such students attend a vocational education course or program
not offered in one of the contracting districts, shall be paid by the board receiving funds
under this agreement.
(f) Such agreement may provide that certain vocational educational education courses
or programs will be offered only in certain districts.
(g) Such agreement may provide that certain vocational education courses or programs
are to be contracted for under conditions specified in the agreement.
(h) Such agreement shall make appropriate provision for modification thereof in the
event of cancellation, discontinuance or disapproval of any course or program by the state
board of education, whether the same constitutes a loss of current designation as an area
vocational school or not.
(i) Such agreement shall provide that the school district, community college or board
of regents owning or having jurisdiction over physical facilities used for vocational education
shall retain the ownership of or jurisdiction over such physical facilities; however, such
agreement may provide for the use of such physical facilities during the term of the agree-
ment or a shorter period of time. Any agreement under this section may provide for a
different method of ownership and or disposition of real or personal property or interest
therein, if such provision has received the prior approval of the state board and the attorney
general of this state.
Sec. 106. On July 1, 1999, K.S.A. 72-4427 shall be and is hereby amended to read as
follows: 72-4427. The secretary of human resources and the state board of education regents
are hereby authorized to participate in the federal job training partnership act (public law
97-300), and amendments thereto, by providing from funds made available under the federal
act and appropriated by the legislature for vocational training in accordance with and to the
extent required by the federal act.
Sec. 107. On July 1, 1999, K.S.A. 72-4429 shall be and is hereby amended to read as
follows: 72-4429. The board of education of any school district which is operating an area
vocational school or the board of control of any area vocational-technical school may make
agreements for students enrolled in a public school of another state which adjoins this state
to attend vocational education courses or programs in the vocational education schools of
this state upon such terms as students enrolled in a vocational education school of this state
are permitted to attend vocational education courses or programs in the public vocational
education schools of the other state. Agreements under this act shall be for a period of not
to exceed three years, and shall contain a provision that the same may be nullified by a
written notice at any time prior to May 1, with the nullification taking effect on June 1.
Agreements under this act shall be subject to limitation, change or termination by the
legislature, and shall contain a provision to such effect. Any agreement entered into under
this act may provide for such additional matters relating to vocational education as are
authorized by rules and regulations of the state board of education and as are consonant
with the state plan for vocational education of this state. The state board of education shall
adopt rules and regulations for the administration of this act. No agreement made under
the provisions of this act shall take effect until approved by the state board of education.
Every board of education or board of control which makes an agreement under authority
of this act shall make periodic and special reports of statistical and financial information to
the state board of education as it may request. The state board of education and its officers
and agents may inspect and audit any of the financial or other records of any such board
and may enter and inspect any physical facility related to any such agreement, whether in
this state or in another state.
Sec. 108. On July 1, 1999, K.S.A. 72-4444 shall be and is hereby amended to read as
follows: 72-4444. As used in this act:
(a) ``Area vocational school'' and ``area vocational-technical school'' have the meanings
respectively ascribed thereto by K.S.A. 72-4412, and amendments thereto.
(b) ``Community college'' means any community college organized and operating under
the laws of this state.
(c) ``School'' means any area vocational school, any area vocational-technical school, and
any community college.
(d) ``Instructional equipment'' means any scientific, technical, or computer equipment
which is useful for vocational education purposes.
(e) ``Vocational education'' has the meaning ascribed thereto by K.S.A. 72-4412, and
amendments thereto.
(f) ``State board'' means the state board of education regents.
Sec. 109. On July 1, 1999, K.S.A. 72-4453 shall be and is hereby amended to read as
follows: 72-4453. (a) The board of trustees of every community college and the governing
board of every area vocational school or area vocational-technical school shall make and
enter into agreements providing the transferability of substantially equivalent courses of
study and programs which are offered at such educational institutions in order to facilitate
the articulation of students to and among such educational institutions.
(b) The following conditions shall apply to the agreements required under subsection
(a):
(1) The state board of education regents shall be notified of the agreement at the time
the agreement is executed; and
(2) the agreement shall be effective only after approval by the state board of education
regents.
(c) The state board of education regents shall prescribe criteria or guidelines for the
purpose of determining which courses of study and programs offered in the area vocational
schools and area vocational-technical schools are: (1) Substantially equivalent to courses of
study and programs offered in the community colleges; and (2) transferable to the com-
munity colleges. A current, complete list of such courses of study and programs shall be
maintained on file in the office of the state department of education board of regents and
shall be open for public inspection at any reasonable time.
Sec. 110. On July 1, 1999, K.S.A. 72-4454 shall be and is hereby amended to read as
follows: 72-4454. The state board of education and the state board of regents shall adopt a
joint policy requiring articulation agreements among area vocational schools, area voca-
tional-technical schools, community colleges, technical colleges and state educational insti-
tutions providing for the transferability of substantially equivalent courses of study and
programs which are offered at area vocational schools, area vocational-technical schools,
community colleges, technical colleges and state educational institutions in order to facilitate
articulation of students in technical programs to and among area vocational schools, area
vocational-technical schools, community colleges, technical colleges and state educational
institutions.
Sec. 111. On July 1, 1999, K.S.A. 72-4460 shall be and is hereby amended to read as
follows: 72-4460. As used in this act:
(a) ``Vocational education scholarship'' means the award of a financial grant-in-aid by
this state under this act to a vocational education scholar.
(b) ``Vocational education scholar'' means a person who: (1) Is a resident of Kansas; (2)
has been graduated from a high school accredited by the state board of education or has
received general educational development credentials issued by the state board of education
regents; (3) is enrolled in or has been accepted for admission to a vocational education
program operated by a designated educational institution; and (4) has qualified on the basis
of a competitive examination of ability and aptitude for the award of a vocational education
scholarship or has previously so qualified and remains qualified on the basis of satisfactory
performance for the renewal of the award of a vocational education scholarship.
(c) ``Vocational education program'' means a vocational education program operated at
the postsecondary level by a designated educational institution.
(d) ``Designated educational institution'' means an educational institution which quali-
fies as an eligible institution for the federal guaranteed-loan program under the higher
education act of 1965 (P.L. 89-329), as amended, and the main campus or principal place
of operation of which is located in Kansas.
(e) ``Program term'' means 1/2 the duration of the period of time required for completion
of a vocational education program when such period of time encompasses more than one
school year.
(f) ``School year'' means the period of time beginning on July 1 in each calendar year
and ending on June 30 in the succeeding calendar year.
(g) ``Board of regents'' means the state board of regents provided for in the constitution
of this state.
Sec. 112. On July 1, 1999, K.S.A. 72-4466 shall be and is hereby amended to read as
follows: 72-4466. As used in this act:
(a) ``Area vocational school,'' ``area vocational-technical school,'' and ``community col-
lege'' have the meanings respectively ascribed thereto in K.S.A. 72-4412, and amendments
thereto.
(b) ``Vocational education institution'' means any area vocational school, area vocational-
technical school or community college.
(c) ``Board'' means the state board of education regents.
(d) ``Program'' means Kansas technology innovation and internship program.
Sec. 113. On July 1, 1999, K.S.A. 1998 Supp. 72-4468 shall be and is hereby amended
to read as follows: 72-4468. (a) An area vocational school or an area vocational-technical
school may be converted to, established as, and officially designated a technical college with
the approval of the state board of education regents pursuant to standards adopted by the
state board and subject to specific authorization by act of the legislature. Standards adopted
by the state board for approval of the establishment of a technical college shall address such
factors as present and projected need in the area of the proposed technical college for
expansion or alteration of existing educational programs, types and capacities of other pos-
tsecondary institutions present in the area of the proposed technical college, potential en-
rollment in the program or programs to be offered and maintained by the proposed technical
college, effect on delivery of vocational education programs to secondary students in the
area, operation and accreditation of the proposed technical college, and such other factors
as the state board may determine to be relevant to consideration of proposals for conversion
of area vocational schools and area vocational-technical schools to technical colleges.
(b) A proposal to convert an area vocational school or an area vocational-technical school
to a technical college may be effectuated as follows:
(1) The board of an area vocational school may propose, by resolution approved by a
majority of the members of the board, the establishment of a technical college; or
(2) the board of control of an area vocational-technical school may propose, by resolu-
tions approved by a majority of the members of each participating board, the establishment
of a technical college.
(c) A proposal for the establishment of a technical college, approved by resolution as
provided in subsection (b), shall be accompanied by an analysis, including supporting data,
which documents how the educational interests of the state will be better served by the
conversion of the area vocational school or area vocational-technical school to a technical
college. Such analysis shall include an appraisal of how the benefits to the educational system
of the state would be furthered by merger of the area vocational school or area vocational-
technical school with a community college, municipal university or state educational insti-
tution, together with the rationale for the determination that conversion of the school to a
technical college better furthers the educational interests of the state than merger with a
community college, municipal university or state educational institution.
(d) If a resolution proposing the establishment of a technical college is approved as
provided in subsection (b), the proposal shall be submitted to the state board of education
regents for its consideration and approval or disapproval. The state board shall consider the
proposal and make a determination concerning whether establishment of the technical col-
lege is in the best interest of the educational system of the state. In so doing, the state board
shall evaluate whether the educational interests of the state would be better served by a
merger between the area vocational school or area vocational-technical school and a com-
munity college, municipal university or state educational institution than by the proposal of
technical college establishment. If the state board determines that a merger between the
area vocational school or area vocational-technical school and a community college, munic-
ipal university or state educational institution would better serve the educational interests
of the state or, for some other reason, determines approval of the proposal should not be
given, the state board shall deny approval of the proposal and make a report thereon to the
legislature. Otherwise, the state board shall approve the proposal and recommend estab-
lishment of the technical college to the legislature. In evaluating whether the educational
interests of the state would be better served by a merger between the area vocational school
or area vocational-technical school and a state educational institution, the state board of
education shall consult with and consider the advice of the state board of regents.
Sec. 114. On July 1, 1999, K.S.A. 1998 Supp. 72-4469 shall be and is hereby amended
to read as follows: 72-4469. Technical colleges shall be under the general supervision of the
state board of education regents. All rules and regulations of the state board of education
regents which relate to supervision of area vocational schools and area vocational-technical
schools shall be construed to apply to technical colleges until revised, amended, repealed
or nullified by the state board.
Sec. 115. On July 1, 1999, K.S.A. 1998 Supp. 72-4470 shall be and is hereby amended
to read as follows: 72-4470. (a) The governing body of a technical college shall be the board
of the former area vocational school or the board of control of the former area vocational-
technical school, whichever is applicable. Such board or board of control shall operate,
control and manage a technical college in the same manner and to the same extent that was
provided by law for the operation, management and control of the former area vocational
school or area vocational-technical school and nothing in this act shall be applied or con-
strued in any manner so as to change or affect any power, duty or function of a board or
board of control with respect to such operation, management and control.
(b) The board or board of control of a technical college, in addition to such other powers
expressly granted by law and subject to rules and regulations of the state board of education
regents, is hereby granted the following powers:
(1) To determine the vocational, technology, and general education courses of instruc-
tion that will comprise the associate of applied science degree programs of the college;
(2) to establish the requirements for satisfactory completion of the associate of applied
science degree programs of the college;
(3) to confer the associate of applied science degree upon students who successfully
complete an associate of applied science degree program of the college and to award a
certificate or diploma to students who successfully complete a vocational education program
of the college;
(4) to appoint teaching staff and to fix and determine teacher qualifications, duties and
compensation. No teacher appointed to teach courses comprising the associate of applied
science degree programs of the college shall be required to meet certification requirements
greater than those required in the state educational institutions under the control of the
state board of regents.
Sec. 116. On July 1, 1999, K.S.A. 72-4517 shall be and is hereby amended to read as
follows: 72-4517. As used in this act, unless the context otherwise requires: (a) ``Board''
means the board of education of any school district or the board of trustees of any com-
munity junior college.
(b) ``State board'' means the state board of education regents.
(c) ``Department'' means the state department of education.
(d) ``State plan'' means the plan for adult basic education programs prepared and
adopted by the state board in accordance with state and federal law.
(e) (d) ``Adult basic education program'' means a program of one or more courses in
general education subjects taught at the grade school or high school level under the super-
vision of a board for eligible persons which is included in the state plan and for which federal
funds are received pursuant to federal law.
(f) (e) ``Eligible persons'' means persons who (1) have attained the age of sixteen, (2)
have not graduated from high school and have not been recognized as having achieved an
equivalent level of education, and (3) are not now regularly enrolled in school.
(g) (f) ``Adult supplementary education program'' means a program of one or more
courses in any subject, other than courses in the adult basic education program, taught for
personal enrichment, which is conducted under the supervision of a board for persons who
have attained the age of sixteen.
(h) (g) ``Federal law'' means the adult education act of 1966 (title III, P.L. 89-750), and
acts amendatory thereof.
Sec. 117. On July 1, 1999, K.S.A. 72-4518 shall be and is hereby amended to read as
follows: 72-4518. (a) The state of Kansas does hereby accept the provisions and benefits of
federal law relating to adult basic education programs. The state board is hereby designated
as the agency for administration of adult basic education programs and for supervision of
the administration of adult basic education programs by boards. The state board is author-
ized to prepare, from time to time amend, and administer the state plan in accordance with
state and federal law.
(b) The state board shall enter into agreements with the United States department of
health, office of education and welfare and other agencies of the federal government for the
purpose of participation in adult basic education programs provided for by federal law. Any
such agreement may contain provisions required or authorized by federal law, so long as
the same are not in conflict with the provisions of this act.
Sec. 118. On July 1, 1999, K.S.A. 72-4521 shall be and is hereby amended to read as
follows: 72-4521. The state board may enter into agreements with any board for the estab-
lishment and operation of adult basic education programs and any board desiring to secure
state and federal funds for the cost of conducting the same shall certify and file an application
with the department state board for the approval of such adult basic education program.
Said The application shall be on a form prescribed and furnished by the department and
state board, shall contain such information as the state board shall require, and shall be filed
on or before July 1 of each year. Approval of the application and the program shall be
prerequisite to payment of state and federal funds to any board.
Sec. 119. On July 1, 1999, K.S.A. 72-4525 shall be and is hereby amended to read as
follows: 72-4525. (a) Any board may establish and maintain an adult supplementary edu-
cation program for the instruction of persons desirous of attending the same such a program.
(b) The cost of instruction for adult supplementary education programs shall be borne
by the school district or community junior college and the board shall obtain and furnish
the necessary teaching personnel and supplies. Tuition or fees shall be charged by the board
to offset expense of operation of adult supplementary education programs in part or in total.
(c) There is hereby established in every school district and in every community junior
college a fund which shall be called the adult supplementary education fund, which fund
shall consist of all moneys deposited therein or transferred thereto according to law. All
moneys received by a board for adult supplementary education shall be deposited in the
adult supplementary education fund established by this section. The expenses of a school
district or a community junior college attributable to adult supplementary education shall
be paid from the adult supplementary education fund.
Sec. 120. On July 1, 1999, K.S.A. 72-4530 shall be and is hereby amended to read as
follows: 72-4530. (a) The state board of education regents may adopt rules and regulations
relating to the processing and issuance of general educational development (GED)
credentials.
(b) Each application to the state board of education regents for issuance or duplication
of general educational development credentials shall be accompanied by a fee which shall
be established by the state board of education regents and shall be in an amount of not
more than $10. On or before August 1, 1999, and on or before July 1 of each year thereafter,
commencing in 1982, the state board of education regents shall determine the amount of
revenue which will be required to properly administer the provisions of this section during
the next ensuing fiscal year, and shall establish the GED credentials processing fee for such
year in the amount deemed necessary for such purposes. Such fee shall become effective
on the succeeding January 1 of each year. The state board of education regents shall remit
all moneys received by or for it from GED credentials processing fees to the state treasurer
at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the
entire amount thereof in the state treasury and the same shall be credited to the GED
credentials processing fees fund, which fund is hereby established in the state treasury, and
shall be used only for the payment of expenses connected with the processing, issuance or
duplication of GED credentials, and for the keeping of records by the state department of
education board of regents. All expenditures from the GED credentials processing fees fund
shall be made in accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the state board of education
regents or by a person or persons designated by it the state board.
Sec. 121. On July 1, 1999, K.S.A. 1998 Supp. 72-4919 shall be and is hereby amended
to read as follows: 72-4919. As used in this act:
(a) ``Proprietary school'' or ``school'' means any business enterprise, whether operated
on a profit or not-for-profit basis, which:
(1) Maintains a place of business within the state of Kansas, or solicits business within
the state of Kansas;
(2) is not specifically exempted by the provisions of this act; and
(3) offers a course or courses of instruction or study through classroom contact or by
correspondence, or both, for the purpose of training or preparing persons for a field of
endeavor in a business, trade, technical, or industrial occupation, except as hereinafter
excluded.
(b) ``Owner'' of a school means:
(1) In the case of a school owned by an individual, that individual;
(2) in the case of a school owned by a partnership, all full, silent, and limited partners;
and
(3) in the case of a school owned by a corporation, the corporation, its directors, officers
and each shareholder owning shares of issued and outstanding stock aggregating at least
10% of the total of the issued and outstanding shares.
(c) ``Branch school'' means any subsidiary place of business maintained within the state
of Kansas by a school at a site which is separate from the site of the principal place of
business maintained by the school and at which subsidiary place of business the school offers
a course or courses of instruction or study identical to the course or courses of instruction
or study offered by the school at its principal place of business.
(d) ``School employee'' means any person, other than an owner, who directly or indi-
rectly receives compensation from a proprietary school for services rendered.
(e) ``Representative'' means any person employed by a proprietary school to act as an
agent, solicitor, or broker to procure students or enrollees for the school by solicitation
within this state at any place other than the office or a place of business of the school.
(f) ``State board'' means the state board of education regents, or such person or persons
as may be designated by the state board to administer the provisions of this act.
(g) ``Support'' or ``supported'' means the primary source and means by which a school
derives revenue to perpetuate operation of the school.
(h) ``Person'' means any individual, firm, partnership, association, or corporation.
Sec. 122. On July 1, 1999, K.S.A. 72-5015 shall be and is hereby amended to read as
follows: 72-5015. As used in this act: (a) ``Driver training motor vehicle'' means an auto-
mobile or motorcycle acquired by a board pursuant to an agreement with a motor vehicle
manufacturer or dealer for use in driver training courses; but does not include within its
meaning any motor vehicle which is rented, leased, or owned by any school district, non-
public school or community junior college.
(b) ``Board'' means the board of education of a school district, the governing authority
of any nonpublic school offering any of grades kindergarten through 12 or the board of
trustees of any community junior college.
(c) ``Multi-vehicle driving range'' means an off-street area in which several motor ve-
hicles are used simultaneously to provide (1) laboratory instruction under the supervision
of one (1) or more instructors, or (2) the simultaneous education of several student drivers
under the supervision of one (1) instructor.
(d) ``Division'' means the division of vehicles of the department of revenue.
(e) ``State board'' means in the case of school districts and nonpublic schools, the state
board of education and in the case of community colleges, the state board of regents.
Sec. 123. On July 1, 1999, K.S.A. 72-5017 shall be and is hereby amended to read as
follows: 72-5017. (a) The state board of education may adopt rules and regulations for the
administration of this act.
(b) The state department of education board shall prepare, on or before July 1, 1974,
and on or before July 1 of each succeeding year, prepare a list of schools accredited by the
state board of education and conducting an approved course in driver training. Such list
shall be prepared from the reports required under K.S.A. 8-272, and amendments thereto,
and shall be sent to the division and other governmental agencies having need thereof.
(c) Any board desiring to conduct driver training courses must first have such courses
approved by the state department of education board and shall then be eligible to enter into
agreements for driver training motor vehicles.
Sec. 124. On July 1, 1999, K.S.A. 72-5018 shall be and is hereby amended to read as
follows: 72-5018. No school shall have more than one (1) driver training motor vehicle for
each certified instructor teaching in a driver training program unless there is an approved
program using a multi-vehicle range. Each such instructor must have an assignment in driver
training. In the event there is an approved program in multi-vehicle range instruction, the
state department of education board shall certify the number of cars needed.
Sec. 125. On July 1, 1999, K.S.A. 72-5019 shall be and is hereby amended to read as
follows: 72-5019. No person shall use a driver training motor vehicle except during driver
training course instruction. Any person using a driver training motor vehicle for purposes
other than for such instruction shall be guilty of a misdemeanor, punishable by a fine not
exceeding fifty dollars ($50.00) $50 for the first offense, and on subsequent offenses by a
fine not exceeding five hundred dollars ($500.00) $500. No person shall be in violation of
this act in the event he if the person is required by the dealer or a school administrator to
house or otherwise protect any such vehicle at his the person's home or other facility.
Sec. 126. On July 1, 1999, K.S.A. 72-5020 shall be and is hereby amended to read as
follows: 72-5020. The contract of any employee of any educational institution which partic-
ipates in the state safety fund, who officially sanctions the use of driver training motor
vehicles in violation of this act shall have his contract be suspended for the remainder of
the term for which said the contract was made and two (2) or more violations under this
section by any employee of an educational institution in any one (1) year shall result in the
loss of subsequent participation in such fund by such educational institution.
Sec. 127. On July 1, 1999, K.S.A. 72-7518a shall be and is hereby amended to read as
follows: 72-7518a. (a) The state board of education, or any institution under the jurisdiction
of such the state board, with the approval of the state board of education thereof, may apply
for, accept and receive any private donation, gift, grant or bequest made for any purpose
related to the operation or function of such board or institution. Such board or institution
may hold, administer and expend any such gift, grant or bequest in accordance with any
terms or conditions imposed by the donor.
(b) The provisions of subsection (a) of this section shall do not apply to any school district
or any community junior college.
Sec. 128. On July 1, 1999, K.S.A. 72-9002 shall be and is hereby amended to read as
follows: 72-9002. As used in this act:
(a) ``Board'' means the board of education of a school district, the governing authority
of any nonpublic school offering any of grades kindergarten through 12 in accredited schools,
the board of control of an area vocational-technical school, and the board of trustees of a
community college.
(b) ``State board'' means, in the case of school districts and nonpublic schools, the state
board of education; and in the case of area vocational-technical schools and community
colleges, the state board of regents.
(c) ``Employees'' means all certificated employees of school districts and of nonpublic
schools, all instructional and administrative employees of area vocational-technical schools
and all full-time employees of community colleges.
(d) ``Full-time employees of community colleges'' means instructional and administra-
tive employees who are under contract for services to a community college for a term of
not less than nine months and whose services to a community college are considered their
principal employment.
(e) ``School year'' means the period from July 1 to June 30.
(f) ``Accredited'' means accredited by the state board of education.
Sec. 129. On July 1, 1999, K.S.A. 72-9006 shall be and is hereby amended to read as
follows: 72-9006. (a) Upon request of any board, the state board shall provide for assistance
in the preparation of policies of personnel evaluation or amendments thereto.
(b) If, in the case of school districts and nonpublic schools, any board fails to file an
adopted policy as provided by this act, or if any such board fails to file any adopted amend-
ment to such policy within a reasonable time after adoption thereof, the state board of
education may apply penalties as prescribed by rules and regulations applicable to accred-
itation of schools.
(c) If, in the case of community colleges and area vocational-technical schools, any board
fails to file an adopted policy as provided by this act, or if any such board fails to file any
adopted amendment to such policy within a reasonable time after adoption thereof, the state
board of regents may apply penalties a prescribed by rules and regulations applicable to
approval of community colleges and area vocational-techncial schools.
Sec. 130. On July 1, 1999, K.S.A. 72-4424 shall be and is hereby amended to read as
follows: 72-4424. (a) The board of trustees of any community college may levy a tax of not
to exceed two mills for the purpose of providing revenue for establishing, conducting, main-
taining and administering any vocational education courses or programs approved by the
state board. Such tax levy shall be budgeted and maintained as a separate fund to be known
as the vocational education fund, and no money in such fund shall be transferred to any
other fund of the community college, except as provided in K.S.A. 79-2958, and amendments
thereto.
(b) Community colleges shall maintain fund accounting procedures as may be necessary
to assure proper accounting for federal funds for vocational education special projects,
whether received directly from the federal government or any of its agencies, or received
through the state or any of its agencies. The provisions of this section shall expire on June
30, 2000.
New Sec. 131. The state board of regents shall conduct a comprehensive analysis of
the methodology provided in the Kansas higher education coordination act for state funding
of community colleges and the municipal university. In conducting such analytical review,
the state board should consider issues such as equity of financial support within and between
sectors of the postsecondary education system, the appropriate degrees of reliance on various
funding sources in financing the total postsecondary education system, and the degree to
which the funding methodology for community colleges and the municipal university, to-
gether with the existing funding mechanisms employed for state educational institutions,
contributes to the enhancement of educational quality and efficiency in Kansas. In its report,
the state board shall present a complete set of findings together with its analysis and any
recommendations for change to be considered by the 2000 Kansas legislature. The state
board shall submit its report of findings and recommendations to the governor and the
legislative educational planning committee by December 1, 1999.
Sec. 132. On July 1, 1999, K.S.A. 12-16,102, 13-13a25, as amended by section 7 of 1999
House Bill No. 2565, 13-13a26, 13-13a27, 13-13a28, 13-13a29, 13-13a30, 13-13a31, 13-
13a32, 13-13a33, 13-13a34, 71-202, 71-204, 71-211, 71-304, 71-305, 71-306, 71-402, 71-
403, 71-601, as amended by section 1 of 1999 House Bill No. 2060, 71-604, 71-609a, 71-
610, 71-613, 71-615, 71-701, 71-801, 71-802, 71-901, 71-902, 71-1104, 71-1105, 71-1106,
71-1201, 71-1309, 71-1406, 71-1507, 71-1508, 71-1702, 71-1705, 72-4408, as amended by
section 1 of 1999 House Bill No. 2062, 72-4416, 72-4417, 72-4418, 72-4421, 72-4424, 72-
4427, 72-4429, 72-4444, 72-4453, 72-4454, 72-4460, 72-4466, 72-4517, 72-4518, 72-4521,
72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72-5019, 72-5020, 72-7518a, 72-9002, 72-
9006, 74-3202, 74-3203, 74-3204, 74-3205, 79-5021, 79-5022, 79-5024, 79-5025, 79-5026,
79-5028 and 79-5032 and K.S.A. 1998 Supp. 19-101a, 19-101i, 71-201, 71-301, 71-401, 71-
406, 71-407, 71-602, 71-607, 71-609, 71-611, 71-613a, 71-619, 72-4412, as amended by
section 2 of 1999 House Bill No. 2062, 72-4468, 72-4469, 72-4470, 72-4919 and 74-3201
shall be and are hereby repealed.'';
By renumbering sections 87 and 88 as sections 133 and 134, respectively;
In the title, in line 19, after ``13-13a25,'', by inserting ``as amended by section 7, of 1999
House Bill No. 2565,''; in line 21, after ``13a34,'', by inserting ``71-202''; also in line 21, after
``71-204,'', by inserting ``71-211,''; also in line 21, after ``71-601,'', by inserting ``as amended
by section 1 of 1999 House Bill No. 2060,''; in line 22, after ``71-615,'', by inserting ``71-
701,''; also in line 22, after ``71-801,'', by inserting ``71-802, 71-901, 71-902, 71-1104, 71-
1105, 71-1106, 71-1201, 71-1309, 71-1406, 71-1507,''; in line 23, after ``71-1705,'', by in-
serting ``72-4408, as amended by section 1 of 1999 House Bill No. 2062, 72-4416, 72-4417,
72-4418, 72-4421, 72-4424, 72-4427, 72-4429, 72-4444, 72-4453, 72-4454, 72-4460, 72-
4466, 72-4517, 72-4518, 72-4521, 72-4525, 72-4530, 72-5015, 72-5017, 72-5018, 72-5019,
72-5020,''; in line 24, after ``72-6509,'', by inserting ``72-7518a, 72-9002, 72-9006,''; in line
27, after ``72-613a'', by striking ``and'' and inserting a comma; also in line 27, after ``71-619'',
by inserting ``, 72-4412, as amended by section 2 of 1999 House Bill No. 2062, 72-4468,
72-4469, 72-4470 and 72-4919''; in line 29, by striking ``72-4424,'';
And your committee on conference recommends the adoption of this report.
Ralph M. Tanner
Cindy Empson
Richard R. Reinhardt
Barbara Lawrence
Tim Emert
Christine Downey
Senator Emert moved the Senate adopt the Conference Committee Report on SB 345.
Senator Kerr offered a substitute motion to not adopt the conference committee report
and requested a new conference committee be appointed.
The motion failed and the Conference Committee Report on SB 345 was considered on
Final Action.
On roll call, the vote was: Yeas 26, nays 13, present and passing 0; absent or not voting
1.
Yeas: Barone, Biggs, Bleeker, Corbin, Donovan, Downey, Emert, Feleciano, Gilstrap,
Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Lawrence, Lee, Morris, Petty,
Ranson, Salmans, Steffes, Steineger, Stephens, Umbarger, Vidricksen.
Nays: Becker, Bond, Brownlee, Clark, Jordan, Kerr, Langworthy, Oleen, Praeger, Pugh,
Salisbury, Tyson, Vratil.
Absent or not voting: Hardenburger.
The Conference Committee report was adopted.
EXPLANATION OF VOTE
Mr. President: SB 345 is not a magic bill. It is not the answer for higher education
problems, does not ensure abundant funding for all. It doesn't guarantee that everyone will
sit around the giant Board of Regents table and hold hands in unified agreement. It never
pretended to be a magic bill.
It is an improvement model. A structure that will allow, encourage, and increase the
likelihood that improvement will take place in our state's higher education system.
We have capable people in higher education, but they have worked around the barriers
of separatism and isolation long enough.
Integration and coordination are the concepts of today -- it is fitting that we give them
a new structure that encourages connectedness and interrelationships.
This is a work in progress. Many studies and much effort have gone before this but the
greatest work is yet to be done. The new Board has the challenge and the capability to take
this new model and use it to improve the coordination and effectiveness of all of higher
education. Now, when someone asks who speaks for higher education in Kansas, the answer
will be the Board of Regents, because they truly will represent all sectors of the higher
education community.--Christine Downey
Senators Feleciano, Harrington, Hensley, Lee and Stephens request the record to show
they concur with the ``Explanation of Vote'' offered by Senator Downey on SB 345.
Mr. President: We need to consolidate the governance of higher education. This bill,
SB 345, which began with promise to provide that unified governance and lead Kansas
higher education to greater success has gone badly awry. There are many problems, but the
patent unfairness of the funding formulas for community colleges cannot be overlooked.
The bill should be rejected.--Dave Kerr
Senator Brownlee requests the record to show she concurs with the ``Explanation of Vote''
offered by Senator Kerr on SB 345.
Mr. President: SB 345 is a work in process. It is far from perfect, but it is far from
finished. In the future the legislature will be partnering with the new Board of Regents to
develop this plan into a premier system of which we can all be proud and which will serve
the people of Kansas in the best possible way.--Barbara Lawrence
Senator Harrington requests the record to show she concurs with the ``Explanation of
Vote'' offered by Senator Lawrence on SB 345.
Mr. President: SB 345 will drastically change the way higher education is governed in
Kansas, but it will fail in its purpose because the Legislature has failed to define the problems
we are attempting to solve. The Board of Regents is given no clear direction concerning
what they are to accomplish.
I am voting against SB 345 for three reasons:
1. The power and authority given to the Board of Regents to ``supervise and coordinate''
community colleges and vocational-technical schools is too broad, vague and ambiguous.
Even though the sponsors of this legislation insist that there is no intent to reduce local
control, the language of the bill leaves ample opportunity for mischief and meddling.
2. The funding component of the bill will create more problems than it will solve. Select
property taxpayers will enjoy some tax relief, but the rest of us will be forced to pick up the
burden. The state general fund can ill-afford a $70,000,000 hit over the next four years.
3. SB 345 totally avoids the real problem - too many community colleges in the state.
Our ``head in the sand'' attitude enables that problem to continue. We are simply avoiding
what we all know is necessary - consolidation - and we are wasting valuable time and money
in the process.--John Vratil
CONFERENCE COMMITTEE REPORT
Mr. President and Mr. Speaker: Your committee on conference on Senate amend-
ments to HB 2150, submits the following report:
The House accedes to all Senate amendments to the bill, and your committee on con-
ference further agrees to amend the bill, as printed with Senate Committee amendments,
as follows:
On page 2, in line 12, by striking all after ``(5)''; in line 13, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';
On page 3, in line 7, by striking all after ``(5)''; in line 8, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';
On page 4, in line 3, by striking all after ``(5)''; in line 4, by striking all before the period
and inserting ``any report to the court that a party has issued a threat of physical violence
against a party, a party's dependent or family member, the mediator or an officer or em-
ployee of the court with the apparent intention of carrying out such threat'';
And your committee on conference recommends the adoption of this report.
Tim Emert
John Vratil
Greta Goodwin
Michael O'Neal
Tim Carmody
Janice L. Pauls
Senator Vratil moved the Senate adopt the Conference Committee Report on HB 2150.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Pugh.
Absent or not voting: Hardenburger.
The Conference Committee report was adopted.
ORIGINAL MOTION
Senator Emert moved that subsection 4(k) of the Joint Rules of the Senate and House
of Representatives be suspended for the purpose of considering the following bills: SB 360,
362, 363, 364.
FINAL ACTION OF BILLS AND CONCURRENT RESOLUTIONS
On motion of Senator Emert an emergency was declared by a 2/3 constitutional majority,
and SB 360, 362, 363, 364 were advanced to Final Action, subject to amendment, debate
and roll call.
SB 360, An act providing for reconciliation of conflicting amendments to existing sections
of the Kansas Statutes Annotated; amending K.S.A. 76-375 and 76-381 and K.S.A. 1998
Supp. 44-503 and 75-2935 and K.S.A. 17-7301, as amended by section 4 of 1999 House Bill
No. 2161, K.S.A. 65-4116, as amended by section 4 of 1999 House Bill No. 2215, and K.S.A.
82a-718, as amended by section 1 of 1999 House Bill No. 2404, and K.S.A. 1998 Supp. 17-
6003, as amended by section 10 of 1999 House Bill No. 2161, K.S.A. 1998 Supp. 32-988,
as amended by section 2 of 1999 House Substitute for Senate Bill No. 70, K.S.A. 1998 Supp.
65-1431, as amended by section 1 of 1999 Senate Bill No. 71, K.S.A. 1998 Supp. 65-1626,
as amended by section 1 of 1999 Senate Bill No. 267, K.S.A. 1998 Supp. 65-1627, as
amended by section 3 of 1999 Senate Bill No. 267, and K.S.A. 1998 Supp. 65-1643, as
amended by section 5 of 1999 Senate Bill No. 267, and repealing the existing sections; also
repealing K.S.A. 76-375a and 76-381a and K.S.A. 1998 Supp. 40-3302a, 44-503b and 75-
2935f and K.S.A. 17-7301, as amended by section 17 of 1999 Senate Bill No. 311, K.S.A.
65-4116, as amended by section 14 of 1999 House Bill No. 2168, and K.S.A. 82a-718, as
amended by section 7 of 1999 House Substitute for Senate Bill No. 287, and K.S.A. 1998
Supp. 17-6003, as amended by section 7 of 1999 Senate Bill No. 311, K.S.A. 1998 Supp.
32-988, as amended by section 4 of 1999 House Bill No. 2492, K.S.A. 65-1431, as amended
by section 1 of 1999 House Bill No. 2254, K.S.A. 1998 Supp. 65-1626, as amended by
section 2 of 1999 House Bill No. 2168, K.S.A. 1998 Supp. 65-1627, as amended by section
9 of 1999 House Bill No. 2168, and K.S.A. 1998 Supp. 65-1643, as amended by section 10
of 1999 House Bill No. 2168, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 362, An act relating to the trauma fund; amending section 8 of 1999 Substitute for
Senate Bill No. 106 and repealing the existing section, was considered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
SB 363, An act concerning driving under the influence of alcohol or drugs; relating to
required notices; amending K.S.A. 1998 Supp. 8-1001 and 8-1567a, as amended by section
19 of 1999 Senate Bill No. 51 and repealing the existing sections, was considered on final
action.
On roll call, the vote was: Yeas 38, nays 1, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Ranson, Salisbury,
Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Nays: Pugh.
Absent or not voting: Hardenburger.
The bill passed.
SB 364, An act concerning limited liability companies; amending K.S.A. 65-1524, as
amended by section 8 of 1999 House Bill No. 2117, and K.S.A. 1998 Supp. 65-1522, as
amended by section 7 of 1999 House Bill No. 2117, and repealing the existing sections; also
repealing K.S.A. 1998 Supp. 17-7657, 17-7658, 17-7659, 17-7660 and 17-7661, was consid-
ered on final action.
On roll call, the vote was: Yeas 39, nays 0, present and passing 0; absent or not voting 1.
Yeas: Barone, Becker, Biggs, Bleeker, Bond, Brownlee, Clark, Corbin, Donovan, Downey,
Emert, Feleciano, Gilstrap, Gooch, Goodwin, Harrington, Hensley, Huelskamp, Jones, Jor-
dan, Kerr, Langworthy, Lawrence, Lee, Morris, Oleen, Petty, Praeger, Pugh, Ranson, Sal-
isbury, Salmans, Steffes, Steineger, Stephens, Tyson, Umbarger, Vidricksen, Vratil.
Absent or not voting: Hardenburger.
The bill passed.
On motion of Senator Emert the Senate adjourned until 10:00 a.m., Friday, April 30,
1999.
HELEN A. MORELAND, Journal Clerk.
PAT SAVILLE, Secretary of Senate.