CHAPTER 35
HOUSE BILL No. 2343
An Act concerning financing of certain post secondary educational
institutions; related to
out-district tuition; amending K.S.A. 71-301a, 71-304, 71-305,
71-306, 71-308, 71-401,
71-402, 71-403, 71-610 and 71-1705 and K.S.A. 2002 Supp. 13-13a25,
13-13a26, 13-
13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34 and 19-101a
and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2002 Supp.
13-13a25 is hereby amended to read
as follows: 13-13a25. (a) As used in K.S.A. 13-13a25 through
13-13a34,
and amendments 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, 2004 2005.
Sec. 2. K.S.A. 2002 Supp. 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 stu-
dent attending the municipal university whose residence is outside
of the
municipal university 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 and the 2004
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 2004
2005 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, 2004 2005.
Sec. 3. K.S.A. 2002 Supp. 13-13a27
is hereby amended to read as
follows: 13-13a27. (a) Out-district tuition shall be based only
upon en-
rollments 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 enrollment 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,
resi-
dents of the municipal university district for six months prior to
enroll-
ment 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, 2004 2005.
Sec. 4. K.S.A. 2002 Supp. 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, 2004 2005.
Sec. 5. K.S.A. 2002 Supp. 13-13a31
is hereby amended to read as
follows: 13-13a31. (a) Subject to the provisions of subsection (b),
no out-
district tuition shall be charged or paid for any student attending
a mu-
nicipal university whose residence outside the municipal university
dis-
trict 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, 2004 2005.
Sec. 6. K.S.A. 2002 Supp. 13-13a32
is hereby amended to read as
follows: 13-13a32. (a) Subject to the provisions of subsection (b),
no out-
district tuition 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, 2004 2005.
Sec. 7. K.S.A. 2002 Supp. 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
deter-
mining 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, 2004 2005.
Sec. 8. K.S.A. 2002 Supp. 13-13a34
is hereby amended to read as
follows: 13-13a34. (a) No out-district tuition charged by a
municipal uni-
versity 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 vocational-technical school, or technical college
under the
provisions of article 44 of chapter 72 of Kansas Statutes
Annotated.
(b) The provisions of this section shall
expire on June 30, 2004 2005.
Sec. 9. K.S.A. 2002 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, 2004 2005.
(17) (A) Counties may not exempt
from or effect changes in K.S.A.
71-301a, and amendments thereto.
(B) This provision shall expire on June
30, 2004 2005.
(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, 65-171d
65-
1,178 through 65-1,199 or K.S.A. 2002 Supp. 17-5909, and
amendments
thereto.
(31) Counties may not exempt from or
effect changes in K.S.A. 2002
Supp. 80-121, and amendments thereto.
(32) Counties may not exempt from or
effect changes in K.S.A. 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. 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 community
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 commissioners fails to pay such
amount
to the state board within 14 days of the receipt of such
notification, the
state board shall initiate proceedings under 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 sus-
pense 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 community colleges entitled
to re-
ceive 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 and
the
2004 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 2004 2005 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, 2004
2005.
Sec. 11. K.S.A. 71-304 is hereby
amended to read as follows: 71-304.
(a) Notwithstanding any provision contained in chapter 71 of Kansas
Stat-
utes Annotated to the contrary, and subject to the provisions 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 community
college
district.
(b) The provisions of this section shall
expire on June 30, 2004 2005.
Sec. 12. K.S.A. 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
sub-
stantially 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, 2004 2005.
Sec. 13. K.S.A. 71-306 is hereby
amended to read as follows: 71-306.
(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. 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, 2004 2005.
Sec. 14. K.S.A. 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 authorized 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, 2004
2005.
Sec. 15. K.S.A. 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, 2004 2005.
Sec. 16. K.S.A. 71-402 is hereby
amended to read as follows: 71-402.
(a) For the purpose of determining the county of residence 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, 2004 2005.
Sec. 17. K.S.A. 71-403 is hereby
amended to read as follows: 71-403.
(a) The state board of regents may adopt rules and regulations
prescribing
criteria or guidelines for determination of residence of students
for the
purpose of determining liability of counties for out-district
tuition of stu-
dents in community colleges. The state board may make conclusive
de-
termination of any residence matter for the purpose of
determination of
out-district tuition.
(b) The provisions of this section shall
expire on June 30, 2004 2005.
Sec. 18. K.S.A. 71-610 is hereby
amended to read as follows: 71-610.
(a) Notwithstanding any provision contained in chapter 71 of Kansas
Stat-
utes Annotated to the contrary, whenever there are two community
col-
lege districts located within one county, no out-district tuition
shall be
charged for any student residing in such county and attending
either such
community college.
(b) The provisions of this section shall
expire on June 30, 2004 2005.
Sec. 19. K.S.A. 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 vocational
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
vocational-technical
school immediately prior to the consolidation of such area
vocational
school or area vocational-technical school with such community
college
and as a result of such consolidation such course or program is now
being
offered by the community college.
(b) The provisions of this section shall
expire on June 30, 2004 2005.
Sec. 20. K.S.A. 71-301a, 71-304,
71-305, 71-306, 71-308, 71-401, 71-
402, 71-403, 71-610 and 71-1705 and K.S.A. 2002 Supp. 13-13a25,
13-
13a26, 13-13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34
and
19-101a are hereby repealed.
Sec. 21. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 3, 2003.