CHAPTER 108
HOUSE BILL No. 3003
An Act concerning financing of certain postsecondary
educational institutions; relating to
out-district tuition; amending K.S.A. 13-13a25, 13-13a26, 13-13a27,
13-13a29, 13-13a31,
13-13a32, 13-13a33 and 13-13a34 and K.S.A. 2001 Supp. 19-101a,
71-301a, 71-304, 71-
305, 71-306, 71-308, 71-401, 71-402, 71-403, 71-610 and 71-1705 and
repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 13-13a25 is
hereby amended to read as follows: 13-
13a25. (a) As used in K.S.A. 13-13a25 through 13-13a34, and
amend-
ments thereto:
(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 countywide retailer's sales tax.
(2) ``Municipal university'' means a
municipal university established
under the provisions of article 13a of chapter 13 of Kansas
Statutes An-
notated.
(3) ``Municipal university district''
means the taxing district of a mu-
nicipal university.
(4) ``Taxing subdivision'' means every
county in which there is not
located a municipal university and every township within every
county in
which there is located a municipal university, except that taxing
subdivi-
sion 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.
(5) ``State board'' means the state board
of regents.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 2. K.S.A. 13-13a26 is hereby
amended to read as follows: 13-
13a26. (a) The board of regents of a municipal university, in
accordance
with rules and regulations of the state board, shall determine and
collect
an amount of out-district tuition to be charged for each student
attending
the municipal university whose residence is outside of the
municipal uni-
versity district.
(b) The board of levy of any taxing
subdivision charged with payment
of out-district tuition shall levy a tax on all of the taxable
property of the
taxing subdivision sufficient to pay all out-district tuition
charges author-
ized by this act.
(c) The proceeds from the tax levied
under authority of this section
shall be deposited in a special fund for payment of out-district
tuition.
Upon receiving a statement of charges for out-district tuition the
board
of levy shall allow and pay the same promptly from the special
fund. If
there is insufficient or no money in the special fund, out-district
tuition
shall be paid from the general fund of the taxing subdivision or
from the
proceeds of the sale of no-fund warrants issued for the purpose of
the
payment of out-district tuition.
(d) The total out-district tuition
charged by a municipal university
shall be: (1) For the 2000 fiscal year, an amount equal to the
number of
duly enrolled out-district students times $24 for each credit hour
of each
such duly enrolled out-district student; (2) for the 2001 fiscal
year, an
amount equal to the number of duly enrolled out-district students
times
$18 for each credit hour of each such student; (3) for the 2002
fiscal year
and the 2003 fiscal year, an amount equal to the number of
duly enrolled
out-district students times $12 for each credit hour of each such
student;
and (4) for the 2003 2004 fiscal year, an
amount equal to the number of
duly enrolled out-district students time $6 for each credit hour of
each
such student.
(e) Out-district tuition shall only be
charged for credit hours of stu-
dents if such students, as determined by the state board, have not
more
than 64 credit hours from any institution of postsecondary
education or
the students have not more than 72 credit hours and are enrolled
in
terminal type nursing courses or freshman-sophomore
preengineering
courses.
(f) Expenditures for out-district tuition
shall be exempt from the
budget law of this state to the extent of such payments not
anticipated in
the budget of the taxing subdivision.
(g) The levy of taxes and the payment of
out-district tuition by coun-
ties required under the provisions of this section shall not be
subject to
the exercise of home rule by counties under the provisions of
article 1 of
chapter 19 of Kansas Statutes Annotated. Counties shall have no
power
to exempt from, or effect changes in, the provisions of this
section.
(h) Taxes levied by townships under the
authority of this section shall
be in addition to all other tax levies authorized or limited by law
and shall
not be subject to or within the aggregate tax levy limit prescribed
by
K.S.A. 79-1962, and amendments thereof.
(i) In May of each fiscal year, the board
of regents shall notify each
board of levy of the approximate amount of out-district tuition
which will
be charged to the taxing subdivision in the succeeding fiscal
year.
(j) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 3. K.S.A. 13-13a27 is hereby
amended to read as follows: 13-
13a27. (a) Out-district tuition shall be based only upon
enrollments of
students who are residents of the state of Kansas. For the purpose
of
determination of out-district tuition: (1) Persons enrolling in a
municipal
university who, if adults, have not been, or if minors, whose
parents have
not been, residents of the state of Kansas for six months prior to
enroll-
ment for any term or session are nonresidents of the state of
Kansas; and
(2) persons enrolling in a municipal university who, if adults,
have not
been, or if minors, whose parents have not been, residents of the
munic-
ipal university district for six months prior to enrollment for any
term or
session are nonresidents of the municipal university district.
(b) For the purpose of determining
residence of persons, the resi-
dence of minors shall be determined as provided in K.S.A. 72-1046,
and
amendments thereto, and of adults as provided in subpart
twenty-third
of K.S.A. 77-201 and amendments thereto.
(c) The state board of regents may adopt
rules and regulations pre-
scribing criteria or guidelines for determination of residence of
students
and shall make conclusive determination of any residence matter for
the
purpose of determination of liability of taxing subdivisions for
out-district
tuition.
(d) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 4. K.S.A. 13-13a29 is hereby
amended to read as follows: 13-
13a29. (a) The determination of credit hours of duly enrolled
out-district
students shall be made at the end of the fifth week of the regular
spring
and fall semesters and at the end of the equivalent period for
summer
sessions. The determination of credit hours of duly enrolled
out-district
students for payments for short-term courses shall be made at such
times
as are prescribed by the state board of regents.
(b) On or before November 1 and on or
before April 1 of each year,
the president and treasurer of a municipal university shall certify
under
oath to the state board the total number of duly enrolled credit
hours of
out-district students of the municipal university during the
current school
term. The state board may require a municipal university to furnish
any
additional information deemed necessary by it to carry out the
provisions
of this act and shall prescribe such forms, to be approved by the
attorney
general, as may be necessary for making such reports.
(c) The state board and the post auditor
may audit the records of a
municipal university to verify the accuracy of the reports
submitted by
the municipal university. The state board may promulgate rules and
reg-
ulations for the administration of this act.
(d) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 5. K.S.A. 13-13a31 is hereby
amended to read as follows: 13-
13a31. (a) Subject to the provisions of subsection (b), no
out-district tu-
ition shall be charged or paid for any student attending a
municipal uni-
versity whose residence outside the municipal university district
is in a
taxing subdivision in which there is located a community
college.
(b) The provisions of subsection (a)
shall not apply to any such out-
district student when the course of study or program which the
student
selects, or a course of study or program which is substantially
equivalent
thereto, is not offered in the community college which is located
in the
taxing subdivision in which such student resides.
(c) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 6. K.S.A. 13-13a32 is hereby
amended to read as follows: 13-
13a32. (a) Subject to the provisions of subsection (b), no
out-district tu-
ition shall be charged to or paid by any county in which there is
located
a municipal university for any student attending a community
college
whose residence outside the community college district is in a
county in
which there is located a municipal university.
(b) The provisions of subsection (a)
shall not apply to any such out-
district student when the course of study or program which the
student
selects, or a course of study or program which is substantially
equivalent
thereto, is not offered in the municipal university which is
located in the
county in which such student resides.
(c) The provisions of this section shall
expire on June 20, 2003 2004.
Sec. 7. K.S.A. 13-13a33 is hereby
amended to read as follows: 13-
13a33. (a) The state board of regents shall adopt rules and
regulations
prescribing criteria or guidelines for the purpose of determining
which
courses of study and programs offered in the community colleges
are
substantially equivalent to the courses of study and programs
offered in
municipal universities. A current, complete list of such courses of
study
and programs shall be maintained on file in the office of the state
board
of regents, and shall be open for public inspection at any
reasonable time.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 8. K.S.A. 13-13a34 is hereby
amended to read as follows: 13-
13a34. (a) No out-district tuition charged by a municipal
university shall
be based upon any course or program which is taught in an area
vocational
school, an area vocational-technical school, or a technical college
under
an agreement with the municipal university and for which payments
of
state or federal moneys are made to the area vocational school,
area vo-
cational-technical school, or technical college under the
provisions of ar-
ticle 44 of chapter 72 of Kansas Statutes Annotated.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 9. K.S.A. 2001 Supp. 19-101a
is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may
transact all
county business and perform all powers of local legislation and
adminis-
tration it deems appropriate, subject only to the following
limitations,
restrictions or prohibitions:
(1) Counties shall be subject to all acts
of the legislature which apply
uniformly to all counties.
(2) Counties may not consolidate or alter
county boundaries.
(3) Counties may not affect the courts
located therein.
(4) Counties shall be subject to acts of
the legislature prescribing
limits of indebtedness.
(5) In the exercise of powers of local
legislation and administration
authorized under provisions of this section, the home rule power
con-
ferred on cities to determine their local affairs and government
shall not
be superseded or impaired without the consent of the governing body
of
each city within a county which may be affected.
(6) Counties may not legislate on social
welfare administered under
state law enacted pursuant to or in conformity with public law No.
271--
74th congress, or amendments thereof.
(7) Counties shall be subject to all acts
of the legislature concerning
elections, election commissioners and officers and their duties as
such
officers and the election of county officers.
(8) Counties shall be subject to the
limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments
thereto,
prescribing limitations upon the levy of retailers' sales taxes by
counties.
(9) Counties may not exempt from or
effect changes in statutes made
nonuniform in application solely by reason of authorizing
exceptions for
counties having adopted a charter for county government.
(10) No county may levy ad valorem taxes
under the authority of this
section upon real property located within any redevelopment project
area
established under the authority of K.S.A. 12-1772, and
amendments
thereto, unless the resolution authorizing the same specifically
authorized
a portion of the proceeds of such levy to be used to pay the
principal of
and interest upon bonds issued by a city under the authority of
K.S.A.
12-1774, and amendments thereto.
(11) Counties shall have no power under
this section to exempt from
any statute authorizing or requiring the levy of taxes and
providing sub-
stitute and additional provisions on the same subject, unless the
resolution
authorizing the same specifically provides for a portion of the
proceeds
of such levy to be used to pay a portion of the principal and
interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and
amend-
ments thereto.
(12) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-4601 through 19-4625, and amendments
thereto.
(13) Except as otherwise specifically
authorized by K.S.A. 12-1,101
through 12-1,109, and amendments thereto, counties may not levy
and
collect taxes on incomes from whatever source derived.
(14) Counties may not exempt from or
effect changes in K.S.A. 19-
430, and amendments thereto.
(15) Counties may not exempt from or
effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments
thereto.
(16) (A) Counties may not exempt
from or effect changes in K.S.A.
13-13a26, and amendments thereto.
(B) This provision shall expire on June
30, 2003 2004.
(17) (A) Counties may not exempt
from or effect changes in K.S.A.
2001 Supp. 71-301a, and amendments thereto.
(B) This provision shall expire on June
30, 2003 2004.
(18) Counties may not exempt from or
effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto.
(19) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
12-
1226, and amendments thereto, or the provisions of K.S.A.
12-1260
through 12-1270 and 12-1276, and amendments thereto.
(20) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.
(21) Counties may not exempt from or
effect changes in the provi-
sions of K.S.A. 19-4001 through 19-4015, and amendments
thereto.
(22) Counties may not regulate the
production or drilling of any oil
or gas well in any manner which would result in the duplication of
reg-
ulation by the state corporation commission and the Kansas
department
of health and environment pursuant to chapter 55 and chapter 65 of
the
Kansas Statutes Annotated and any rules and regulations adopted
pur-
suant thereto. Counties may not require any license or permit for
the
drilling or production of oil and gas wells. Counties may not
impose any
fee or charge for the drilling or production of any oil or gas
well.
(23) Counties may not exempt from or
effect changes in K.S.A. 79-
41a04, and amendments thereto.
(24) Counties may not exempt from or
effect changes in K.S.A. 79-
1611, and amendments thereto.
(25) Counties may not exempt from or
effect changes in K.S.A. 79-
1494, and amendments thereto.
(26) Counties may not exempt from or
effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.
(27) Counties may not exempt from or
effect changes in subsection
(b) of K.S.A. 19-204, and amendments thereto.
(28) Counties may not levy or impose an
excise, severance or any
other tax in the nature of an excise tax upon the physical
severance and
production of any mineral or other material from the earth or
water.
(29) Counties may not exempt from or
effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto.
(30) Counties may not exempt from or
effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219 or 65-171d
or
K.S.A. 2001 Supp. 17-5909 or 65-1,178 through 65-1,199, and
amend-
ments thereto.
(31) Counties may not exempt from or
effect changes in K.S.A. 2001
Supp. 80-121, and amendments thereto.
(32) Counties may not exempt from or
effect changes in K.S.A. 2001
Supp. 19-228, and amendments thereto.
(b) Counties shall apply the powers of
local legislation granted in
subsection (a) by resolution of the board of county commissioners.
If no
statutory authority exists for such local legislation other than
that set forth
in subsection (a) and the local legislation proposed under the
authority
of such subsection is not contrary to any act of the legislature,
such local
legislation shall become effective upon passage of a resolution of
the
board and publication in the official county newspaper. If the
legislation
proposed by the board under authority of subsection (a) is contrary
to an
act of the legislature which is applicable to the particular county
but not
uniformly applicable to all counties, such legislation shall become
effec-
tive by passage of a charter resolution in the manner provided in
K.S.A.
19-101b, and amendments thereto.
(c) Any resolution adopted by a county
which conflicts with the re-
strictions in subsection (a) is null and void.
Sec. 10. K.S.A. 2001 Supp. 71-301a
is hereby amended to read as
follows: 71-301a. (a) The board of trustees, in accordance with
rules and
regulations of the state board, shall determine an amount of
out-district
tuition to be charged for each out-district student attending the
com-
munity college. The board of county commissioners of any county
charged
with payment of out-district tuition shall levy a tax on all of the
taxable
property of the county sufficient to pay all out-district tuition
charges
authorized by this act. The proceeds from the tax levied under
authority
of this section shall be deposited in a special fund for payment of
out-
district tuition. Upon receiving a statement of charges for
out-district
tuition, the board of county commissioners shall allow and pay the
same
from the special fund within 45 days from the receipt of such
statement.
If there is insufficient or no money in the special fund,
out-district tuition
shall be paid from the county general fund or from the proceeds of
the
sale of no-fund warrants issued for the purpose of the payment of
out-
district tuition. If the board of county commissioners fails to pay
such
amount at the time required under this subsection, the board of
trustees
shall notify the state board of such failure to pay and shall
certify to the
state board the amount to be paid. Upon receipt by the state board
of
such notification, the amount to be paid as certified to the state
board
shall become an amount due and owing to the state board. The
state
board shall notify the board of county commissioners that this
amount is
now due and owing to the state board. If the board of county
commis-
sioners fails to pay such amount to the state board within 14 days
of the
receipt of such notification, the state board shall initiate
proceedings un-
der K.S.A. 75-6201 et seq. for the collection of such money.
Money paid
to or collected by the state board under this subsection shall be
deposited
in the out-district tuition suspense account which is hereby
created in the
state treasury. The state board shall pay moneys from this account,
in
accordance with rules and regulations of the state board, to the
com-
munity colleges entitled to receive such money.
(b) The total out-district tuition
charged by a community college shall
be: (1) For the 2000 fiscal year, an amount equal to the number of
duly
enrolled out-district students times $24 for each credit hour of
each such
student; (2) for the 2001 fiscal year, an amount equal to the
number of
duly enrolled out-district students times $18 for each credit hour
of each
such student; (3) for the 2002 fiscal year and the 2003 fiscal
year, an
amount equal to the number of duly enrolled out-district students
times
$12 for each credit hour of each such student; and (4) for the
2003 2004
fiscal year, an amount equal to the number of duly enrolled
out-district
students times $6 for each credit hour of each such student.
(c) In May of each fiscal year, the board
of trustees shall notify the
board of county commissioners of the approximate amount of
out-district
tuition which will be charged to the county in the succeeding
fiscal year.
(d) Expenditures for out-district tuition
shall be exempt from the
budget law of this state to the extent of such payments not
anticipated in
the budget of the county.
(e) The provisions of this section shall
take effect and be in force on
July 1, 1999, and shall expire on June 30, 2003
2004.
Sec. 11. K.S.A. 2001 Supp. 71-304
is hereby amended to read as
follows: 71-304. (a) Notwithstanding any provision contained in
chapter
71 of Kansas Statutes Annotated to the contrary, and subject to the
pro-
visions of K.S.A. 71-305, and amendments thereto, no out-district
tuition
shall be charged or paid for any student attending a community
college
whose residence outside the community college district is in
another com-
munity college district.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 12. K.S.A. 2001 Supp. 71-305
is hereby amended to read as
follows: 71-305. (a) The provisions of K.S.A. 71-304, and
amendments
thereto, do not apply to any out-district student when the course
of study
or program which the student selects, or a course of study or
program
which is substantially equivalent thereto, is not offered in the
community
college of the district in which such student resides.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 13. K.S.A. 2001 Supp. 71-306
is hereby amended to read as
follows: 71-306. (a) The state board of regents shall adopt rules
and reg-
ulations prescribing criteria or guidelines for the purpose of
determining
which courses of study and programs offered in the community
colleges
are substantially equivalent. A current, complete list of such
courses of
study and programs shall be maintained on file in the office of the
state
board of regents, and shall be open for public inspection at any
reasonable
time.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 14. K.S.A. 2001 Supp. 71-308
is hereby amended to read as
follows: 71-308. (a) No out-district tuition charges shall be based
upon
credit hours in any subject or course the principal part of which
is taught
at a location outside the county of the main campus of a
community
college, unless the location of such subject or course is
specifically au-
thorized by the state board of regents.
(b) (1) No out-district tuition
charges shall be based upon credit
hours in any subject or course which is taught in a county in which
the
main campus of a state educational institution is located, unless
the teach-
ing of such subject or course is specifically authorized by the
chief ex-
ecutive officer of the state educational institution or by a
designee of the
chief executive officer. The chief executive officer of each state
educa-
tional institution may designate and authorize a person or
committee to
act on behalf of the chief executive officer in granting the
authorizations
required by this subsection. No authorization required by this
subsection
shall be considered to be or construed in any manner as an
agreement
provided for by subsection (c).
(2) For the purposes of this subsection,
the term ``main campus of a
state educational institution'' as applied to Kansas state
university of ag-
riculture and applied science means and includes the campus of the
uni-
versity located in Riley county and the campus of the university's
college
of technology located in Saline county.
(3) The provisions of this subsection are
subject to the provisions of
subsection (c).
(c) No out-district tuition charges shall
be based upon credit hours
in any subject or course all or the principal part of which is
taught at Fort
Hays state university or at Wichita state university under an
agreement
for the teaching of such subject or course entered into by a
community
college and either such university. An agreement entered into under
the
provisions of this subsection for the teaching of a subject or
course by a
community college at Fort Hays state university or at Wichita state
uni-
versity shall constitute the authorization required by subsection
(b) for
the teaching of such subject or course, and no separate
authorization
under subsection (b) shall be required.
(d) No out-district tuition charges shall
be based upon any course or
program if such course or program is taught in an area vocational
school,
an area vocational-technical school, or a technical college under
an agree-
ment with a community college and for which payments of state or
federal
moneys are made to the area vocational school, the area
vocational-tech-
nical school, or the technical college under the provisions of
article 44 of
chapter 72 of Kansas Statutes Annotated.
(e) No out-district tuition charges shall
be based upon any motorcycle
driver safety course conducted by a community college.
(f) The provisions of this section shall
take effect and be in force on
July 1, 1999, and shall expire on June 30, 2003
2004.
Sec. 15. K.S.A. 2001 Supp. 71-401
is hereby amended to read as
follows: 71-401. (a) Persons enrolling in a community college who,
if
adults, have not been, or if minors, whose parents have not been
residents
of the county in which is located the principal campus of the
community
college for at least six months prior to enrollment for any term or
session
are nonresidents of the community college district for the purpose
of
determining liability of counties for payment of out-district
tuition.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 16. K.S.A. 2001 Supp. 71-402
is hereby amended to read as
follows: 71-402. (a) For the purpose of determining the county of
resi-
dence of persons, residence of minors shall be determined as
provided
in K.S.A. 72-1046 and amendments thereto and of adults as provided
in
subpart Twenty-third of K.S.A. 77-201 and amendments
thereto.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 17. K.S.A. 2001 Supp. 71-403
is hereby amended to read as
follows: 71-403. (a) The state board of regents may adopt rules and
reg-
ulations prescribing criteria or guidelines for determination of
residence
of students for the purpose of determining liability of counties
for out-
district tuition of students in community colleges. The state board
may
make conclusive determination of any residence matter for the
purpose
of determination of out-district tuition.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 18. K.S.A. 2001 Supp. 71-610
is hereby amended to read as
follows: 71-610. (a) Notwithstanding any provision contained in
chapter
71 of Kansas Statutes Annotated to the contrary, whenever there are
two
community college districts located within one county, no
out-district
tuition shall be charged for any student residing in such county
and at-
tending either such community college.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 19. K.S.A. 2001 Supp. 71-1705
is hereby amended to read as
follows: 71-1705. (a) Notwithstanding any provision contained in
chapter
71 of Kansas Statutes Annotated to the contrary, whenever any area
vo-
cational school or area vocational-technical school consolidates
with a
community college in accordance with the provisions of this act, no
out-
district tuition shall be charged for any student enrolled in any
vocational
education course or program offered by the community college if
such
course or program was taught in the area vocational school or area
vo-
cational-technical school immediately prior to the consolidation of
such
area vocational school or area vocational-technical school with
such com-
munity college and as a result of such consolidation such course or
pro-
gram is now being offered by the community college.
(b) The provisions of this section shall
expire on June 30, 2003 2004.
Sec. 20. K.S.A. 13-13a25, 13-13a26, 13-13a27, 13-13a29,
13-13a31,
13-13a32, 13-13a33 and 13-13a34 and K.S.A. 2001 Supp. 19-101a,
71-
301a, 71-304, 71-305, 71-306, 71-308, 71-401, 71-402, 71-403,
71-610 and
71-1705 are hereby repealed.
Sec. 21. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved May 13, 2002.
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