Kansas 2023-2024 Regular Session

Kansas House Bill HB2290 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2290
2-AN ACT concerning higher education; authorizing the affiliation of northwest Kansas
3-technical college and north central Kansas technical college with Fort Hays state
4-university; amending K.S.A. 74-32,452, 74-32,461, 74-32,464 and 76-6a13 and
5-repealing the existing sections.
3+By Committee on Appropriations
4+2-3
5+AN ACT concerning higher education; authorizing the affiliation of
6+northwest Kansas technical college and north central Kansas technical
7+college with Fort Hays state university; amending K.S.A. 74-32,452,
8+74-32,461, 74-32,464 and 76-6a13 and repealing the existing sections.
69 Be it enacted by the Legislature of the State of Kansas:
710 New Section 1. (a) Northwest Kansas technical college and north
811 central Kansas technical college, authorized and designated as technical
912 colleges pursuant to K.S.A. 74-32,464 and 74-32,461, and amendments
10-thereto, respectively, with governing boards established pursuant to
11-K.S.A. 74-32,452, and amendments thereto, are hereby affiliated with
12-Fort Hays state university. The institutional infrastructures of these
13-technical colleges are hereby officially designated as Fort Hays state
14-university – northwest Kansas technical college and Fort Hays state
15-university – north central Kansas technical college and shall be
16-governed by and operated as technical colleges within Fort Hays state
17-university.
18-(b) The governing bodies of northwest Kansas technical college
19-and north central Kansas technical college shall become industry or
20-regional advisory boards to the president of Fort Hays state university
21-for Fort Hays state university – northwest Kansas technical college and
22-Fort Hays state university – north central Kansas technical college. All
23-of the powers and duties established in the governing body of such
24-technical college by law shall be transferred to Fort Hays state
25-university, subject to the rules and regulations and supervision of the
26-state board of regents. The president of Fort Hays state university shall
27-appoint the members of the industry or regional advisory boards. The
28-members of the advisory boards shall represent industry sectors or
29-regions that correspond to the programs offered by Fort Hays state
30-university – northwest Kansas technical college and Fort Hays state
31-university – north central Kansas technical college.
13+thereto, respectively, with governing boards established pursuant to K.S.A.
14+74-32,452, and amendments thereto, are hereby affiliated with Fort Hays
15+state university. The institutional infrastructures of these technical colleges
16+are hereby officially designated as Fort Hays state university – northwest
17+Kansas technical college and Fort Hays state university – north central
18+Kansas technical college and shall be governed by and operated as
19+technical colleges within Fort Hays state university.
20+(b) The governing bodies of northwest Kansas technical college and
21+north central Kansas technical college shall become industry or regional
22+advisory boards to the president of Fort Hays state university for Fort Hays
23+state university – northwest Kansas technical college and Fort Hays state
24+university – north central Kansas technical college. All of the powers and
25+duties established in the governing body of such technical college by law
26+shall be transferred to Fort Hays state university, subject to the rules and
27+regulations and supervision of the state board of regents. The president of
28+Fort Hays state university shall appoint the members of the industry or
29+regional advisory boards. The members of the advisory boards shall
30+represent industry sectors or regions that correspond to the programs
31+offered by Fort Hays state university – northwest Kansas technical college
32+and Fort Hays state university – north central Kansas technical college.
3233 (c) Fort Hays state university – northwest Kansas technical college
3334 and Fort Hays state university – north central Kansas technical college
3435 shall offer programs approved by Fort Hays state university, including
35-credential and degree programs that technical colleges are authorized
36-by law to award. The industry or regional advisory boards shall:
36+credential and degree programs that technical colleges are authorized by
37+law to award. The industry or regional advisory boards shall:
3738 (1) Review non-credit and credit programs with the president and
38-senior leadership of Fort Hays state university, Fort Hays state
39-university – northwest Kansas technical college and Fort Hays state
40-university – north central Kansas technical college to ensure such
41-programs are aligned with current and emerging needs of industry and
42-the community for an educated and trained workforce;
43-(2) provide input relating to changes in each advisory board
44-member's industry sector or region that affect academic programs;
45-(3) perform any operational responsibilities or duties specified in
46-the formal affiliation agreement referenced in subsection (j); and
47-(4) perform such other responsibilities as requested by the
48-president of Fort Hays state university.
39+senior leadership of Fort Hays state university, Fort Hays state university –
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76+northwest Kansas technical college and Fort Hays state university – north
77+central Kansas technical college to ensure such programs are aligned with
78+current and emerging needs of industry and the community for an educated
79+and trained workforce;
80+(2) provide input relating to changes in each advisory board member's
81+industry sector or region that affect academic programs;
82+(3) perform any operational responsibilities or duties specified in the
83+formal affiliation agreement referenced in subsection (j); and
84+(4) perform such other responsibilities as requested by the president
85+of Fort Hays state university.
4986 (d) Nothing in this section shall be construed as altering any
5087 admission requirements applicable to the respective educational
51-institutions, and each affiliating institution shall continue to be subject
52-to any applicable admission requirements imposed by law. Fort Hays
53-state university shall not admit degree-seeking first-time freshmen or
54-transfer students to university programs who do not meet the applicable
55-qualified admission standards.
88+institutions, and each affiliating institution shall continue to be subject to
89+any applicable admission requirements imposed by law. Fort Hays state
90+university shall not admit degree-seeking first-time freshmen or transfer
91+students to university programs who do not meet the applicable qualified
92+admission standards.
5693 (e) Fort Hays state university – northwest Kansas technical college
5794 and Fort Hays state university – north central Kansas technical college
58-shall continue to be technical colleges and shall be eligible for funding
59-that is available to technical colleges to the extent provided by law. The
95+shall continue to be technical colleges and shall be eligible for funding that
96+is available to technical colleges to the extent provided by law. The
6097 amounts of such funding are to be determined in the same manner as
6198 provided by law for technical colleges.
62-(f) Whenever northwest Kansas technical college, northwest
63-Kansas technical school, northwest Kansas area vocational-technical
64-school or northwest tech, or words of like effect, is referred to or
65-designated by any statute, contract or other document, such reference or HOUSE BILL No. 2290—page 2
66-designation shall be deemed to apply to Fort Hays state university –
67-northwest Kansas technical college. Whenever north central Kansas
68-technical college, north central Kansas area vocational-technical school
69-or NCK tech, or words of like effect, is referred to or designated by any
70-statute, contract or other document, such reference or designation shall
71-be deemed to apply to Fort Hays state university – north central Kansas
72-technical college. Except as otherwise provided in this section, the
73-provisions of all statutes of general application to area vocational
74-schools, area vocational technical schools or technical colleges shall
75-apply to Fort Hays state university – northwest Kansas technical
76-college and Fort Hays state university – north central Kansas technical
77-college. Whenever area vocational schools, area vocational-technical
78-schools or technical colleges are defined, referred to or designated in a
79-statute, such definition, referral or designation shall be deemed to apply
80-to Fort Hays state university – northwest Kansas technical college and
81-Fort Hays state university – north central Kansas technical college.
99+(f) Whenever northwest Kansas technical college, northwest Kansas
100+technical school, northwest Kansas area vocational-technical school or
101+northwest tech, or words of like effect, is referred to or designated by any
102+statute, contract or other document, such reference or designation shall be
103+deemed to apply to Fort Hays state university – northwest Kansas
104+technical college. Whenever north central Kansas technical college, north
105+central Kansas area vocational-technical school or NCK tech, or words of
106+like effect, is referred to or designated by any statute, contract or other
107+document, such reference or designation shall be deemed to apply to Fort
108+Hays state university – north central Kansas technical college. Except as
109+otherwise provided in this section, the provisions of all statutes of general
110+application to area vocational schools, area vocational technical schools or
111+technical colleges shall apply to Fort Hays state university – northwest
112+Kansas technical college and Fort Hays state university – north central
113+Kansas technical college. Whenever area vocational schools, area
114+vocational-technical schools or technical colleges are defined, referred to
115+or designated in a statute, such definition, referral or designation shall be
116+deemed to apply to Fort Hays state university – northwest Kansas
117+technical college and Fort Hays state university – north central Kansas
118+technical college.
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82162 (g) The formal affiliation agreement between northwest Kansas
83163 technical college, north central Kansas technical college and Fort Hays
84-state university shall include provisions relating to the manner and
85-terms upon which faculty, employees and students may be transferred
86-to Fort Hays state university. Such provisions shall specify terms of
87-employment and include other personnel matters. Subject to the
88-authorization of the state board of regents, all personnel of northwest
89-Kansas technical college and north central Kansas technical college
90-who are necessary to the operation of Fort Hays state university –
91-northwest Kansas technical college and Fort Hays state university –
92-north central Kansas technical college, in accordance with the needs of
93-Fort Hays state university, may become personnel of Fort Hays state
94-university. The employment of such personnel shall be deemed
95-uninterrupted.
164+state university shall include provisions relating to the manner and terms
165+upon which faculty, employees and students may be transferred to Fort
166+Hays state university. Such provisions shall specify terms of employment
167+and include other personnel matters. Subject to the authorization of the
168+state board of regents, all personnel of northwest Kansas technical college
169+and north central Kansas technical college who are necessary to the
170+operation of Fort Hays state university – northwest Kansas technical
171+college and Fort Hays state university – north central Kansas technical
172+college, in accordance with the needs of Fort Hays state university, may
173+become personnel of Fort Hays state university. The employment of such
174+personnel shall be deemed uninterrupted.
96175 (h) No suit, action or other proceeding, judicial or administrative,
97-lawfully commenced, or that could have been commenced, by or
98-against northwest Kansas technical college or north central Kansas
99-technical college prior to affiliation, or by or against any personnel of
100-such technical colleges, shall abate by reason of such affiliation. Any
101-such suit, action or other proceeding may be allowed to be maintained
102-by or against Fort Hays state university – northwest Kansas technical
103-college or Fort Hays state university – north central Kansas technical
104-college, as the case may be. No criminal action commenced or that
105-could have been commenced by northwest Kansas technical college or
106-north central Kansas technical college prior to affiliation shall abate by
107-reason of such affiliation.
176+lawfully commenced, or that could have been commenced, by or against
177+northwest Kansas technical college or north central Kansas technical
178+college prior to affiliation, or by or against any personnel of such technical
179+colleges, shall abate by reason of such affiliation. Any such suit, action or
180+other proceeding may be allowed to be maintained by or against Fort Hays
181+state university – northwest Kansas technical college or Fort Hays state
182+university – north central Kansas technical college, as the case may be. No
183+criminal action commenced or that could have been commenced by
184+northwest Kansas technical college or north central Kansas technical
185+college prior to affiliation shall abate by reason of such affiliation.
108186 (i) The affiliation provided for by this section shall not affect any
109187 contract, agreement or assurance in effect on the effective date of this
110188 section.
111-(j) The provisions of this section shall be effective upon approval
112-of a formal affiliation agreement that is consistent with these provisions
113-by the state board of regents and the governing bodies of northwest
114-Kansas technical college and north central Kansas technical college and
115-on and after the date the higher learning commission of the north
116-central association of colleges and schools approves the affiliation
117-described in subsection (a). If only one of the governing bodies of the
118-technical colleges provides approval of a formal affiliation agreement
119-as set forth herein, the provisions of this section shall still be
120-considered effective as to the affiliation between Fort Hays state
121-university and the technical college whose governing body provided
122-approval of the formal affiliation agreement.
123-Sec. 2. K.S.A. 74-32,452 is hereby amended to read as follows:
124-74-32,452. (a) Except as provided in subsection (d) subsections (d) and
125-(e), all technical colleges shall establish and maintain a plan for a
126-governing board, which shall be separate and independent of any board
127-of education of any school district, to operate, control and manage the
128-technical college. The plan shall include, but not be limited to,
129-provisions relating to: HOUSE BILL No. 2290—page 3
189+(j) The provisions of this section shall be effective upon approval of a
190+formal affiliation agreement that is consistent with these provisions by the
191+state board of regents and the governing bodies of northwest Kansas
192+technical college and north central Kansas technical college and on and
193+after the date the higher learning commission of the north central
194+association of colleges and schools approves the affiliation described in
195+subsection (a). If only one of the governing bodies of the technical
196+colleges provides approval of a formal affiliation agreement as set forth
197+herein, the provisions of this section shall still be considered effective as to
198+the affiliation between Fort Hays state university and the technical college
199+whose governing body provided approval of the formal affiliation
200+agreement.
201+Sec. 2. K.S.A. 74-32,452 is hereby amended to read as follows: 74-
202+32,452. (a) Except as provided in subsection (d) subsections (d) and (e), all
203+technical colleges shall establish and maintain a plan for a governing
204+board, which shall be separate and independent of any board of education
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248+of any school district, to operate, control and manage the technical college.
249+The plan shall include, but not be limited to, provisions relating to:
130250 (1) The composition of the independent governing board;
131251 (2) the territory of the technical college. If the territory of the
132-technical college includes more than one county, the plan shall
133-designate a home county;
134-(3) the method of election or appointment and the terms of service
135-of the members of the independent governing board;
252+technical college includes more than one county, the plan shall designate a
253+home county;
254+(3) the method of election or appointment and the terms of service of
255+the members of the independent governing board;
136256 (4) the date upon which the independent governing board shall
137257 assume management and control of the technical college;
138-(5) the manner, terms upon which and extent to which the
139-facilities will be transferred to the independent governing board and the
140-division of other assets and indebtedness and other liabilities; and
141-(6) the manner and terms upon which faculty, employees and
142-students will be transferred to the independent governing board.
143-Subject to the provisions of K.S.A. 74-32,466, and amendments
144-thereto, such provisions shall specify terms of employment and address
145-other personnel matters.
258+(5) the manner, terms upon which and extent to which the facilities
259+will be transferred to the independent governing board and the division of
260+other assets and indebtedness and other liabilities; and
261+(6) the manner and terms upon which faculty, employees and students
262+will be transferred to the independent governing board. Subject to the
263+provisions of K.S.A. 74-32,466, and amendments thereto, such provisions
264+shall specify terms of employment and address other personnel matters.
146265 (b) On the date determined in the approved plan, the independent
147-governing board established under subsection (a) shall operate subject
148-to the rules, regulations and supervision of the state board of regents in
149-the same manner as other technical colleges. Any amendments to the
150-plan shall be submitted to the state board of regents for approval.
266+governing board established under subsection (a) shall operate subject to
267+the rules, regulations and supervision of the state board of regents in the
268+same manner as other technical colleges. Any amendments to the plan
269+shall be submitted to the state board of regents for approval.
151270 (c) In addition to such other powers expressly granted by law and
152-subject to the provisions of subsection (b), the governing board shall
153-have the power to:
154-(1) Determine the career technical and general education courses
155-of instruction that will comprise the associate of applied science degree
271+subject to the provisions of subsection (b), the governing board shall have
272+the power to:
273+(1) Determine the career technical and general education courses of
274+instruction that will comprise the associate of applied science degree
156275 programs of the college;
157276 (2) establish the requirements for satisfactory completion of the
158277 associate of applied science degree programs of the college;
159-(3) confer the associate of applied science degree upon students
160-who successfully complete an associate of applied science degree
161-program of the college and to award a certificate or diploma to students
162-who successfully complete a career technical education program of the
163-college;
278+(3) confer the associate of applied science degree upon students who
279+successfully complete an associate of applied science degree program of
280+the college and to award a certificate or diploma to students who
281+successfully complete a career technical education program of the college;
164282 (4) appoint teaching staff and fix and determine teacher
165283 qualifications, duties and compensation. No teacher appointed to teach
166-courses comprising the associate of applied science degree programs of
167-the college shall be required to meet licensure requirements greater
168-than those required in the state educational institutions;
284+courses comprising the associate of applied science degree programs of the
285+college shall be required to meet licensure requirements greater than those
286+required in the state educational institutions;
169287 (5) have custody of, and be responsible for, the property of the
170-college and be responsible for the operation, management and control
171-of the college;
172-(6) select a chairperson and such other officers as it deems
173-desirable, from its membership;
288+college and be responsible for the operation, management and control of
289+the college;
290+(6) select a chairperson and such other officers as it deems desirable,
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334+from its membership;
174335 (7) sue and be sued;
175-(8) appoint and fix the compensation and term of office of a
176-president or chief administrative officer of the college;
336+(8) appoint and fix the compensation and term of office of a president
337+or chief administrative officer of the college;
177338 (9) fix and determine, within state adopted standards, all other
178339 employees' qualifications, duties, compensation and all other items and
179340 conditions of employment;
180341 (10) enter into contracts;
181342 (11) accept any gifts, grants or donations;
182343 (12) acquire and dispose of real or personal property;
183-(13) enter into lease agreements as lessor of any property owned
184-or controlled by the college;
185-(14) adopt any rules and regulations, not inconsistent with any law
186-or any rules and regulations of the state board of regents, which are
187-necessary for the administration and operation of the college or for the
188-conduct of business of the governing board;
344+(13) enter into lease agreements as lessor of any property owned or
345+controlled by the college;
346+(14) adopt any rules and regulations, not inconsistent with any law or
347+any rules and regulations of the state board of regents, which are necessary
348+for the administration and operation of the college or for the conduct of
349+business of the governing board;
189350 (15) contract with one or more agencies, either public or private,
190351 whether located within or outside the territory of the college or whether
191-located within or outside the state of Kansas, for the conduct by any
192-such agency of academic or career technical education for students of
193-the college and to provide for the payment to any such agency for the HOUSE BILL No. 2290—page 4
194-contracted educational services from any funds or moneys of the
195-college, including funds or moneys received from student tuition and
196-fees;
352+located within or outside the state of Kansas, for the conduct by any such
353+agency of academic or career technical education for students of the
354+college and to provide for the payment to any such agency for the
355+contracted educational services from any funds or moneys of the college,
356+including funds or moneys received from student tuition and fees;
197357 (16) appoint as its resident agent for the purpose of service of
198-process, either the president of the technical college or the chairperson
199-of the governing board, or both;
200-(17) take any other action, not inconsistent with any law or any
201-rules and regulations of the state board of regents, which is necessary
202-or incidental to the establishment, operation and maintenance of the
203-college;
358+process, either the president of the technical college or the chairperson of
359+the governing board, or both;
360+(17) take any other action, not inconsistent with any law or any rules
361+and regulations of the state board of regents, which is necessary or
362+incidental to the establishment, operation and maintenance of the college;
204363 (18) issue bonds for capital improvement projects, enter into bond
205-covenants and take such ancillary action as the governing board
206-approves, relating thereto, except that such bonds shall not be secured
207-by a pledge of any property tax revenues of the technical college;
364+covenants and take such ancillary action as the governing board approves,
365+relating thereto, except that such bonds shall not be secured by a pledge of
366+any property tax revenues of the technical college;
208367 (19) enter into agreements with counties relating to funding for
209368 capital improvement projects at technical colleges;
210369 (20) fix different rates per hour of tuition, fees and charges for the
211370 different postsecondary programs administered by such board; and
212371 (21) to acquire by lease-purchase any property, whether real,
213-personal, or mixed, or any interest therein, which is necessary or
214-desirable for technical college purposes. The term of any lease-
215-purchase agreement entered into under authority of this subsection may
216-be for not to exceed 10 years. Such lease-purchase agreement may
217-provide for annual or other payment of rent or rental fees and may
218-obligate the technical college to payment of maintenance or other
219-expenses. Any lease-purchase agreement entered into under authority
220-of this subsection shall be subject to change or termination at any time
221-by the legislature. Any assignment of rights in any lease-purchase made
222-under this subsection shall contain a citation of this section and a
223-recitation that the lease-purchase agreement and assignment thereof are
224-subject to change or termination by the legislature.
372+personal, or mixed, or any interest therein, which is necessary or desirable
373+for technical college purposes. The term of any lease-purchase agreement
374+entered into under authority of this subsection may be for not to exceed 10
375+years. Such lease-purchase agreement may provide for annual or other
376+payment of rent or rental fees and may obligate the technical college to
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420+payment of maintenance or other expenses. Any lease-purchase agreement
421+entered into under authority of this subsection shall be subject to change or
422+termination at any time by the legislature. Any assignment of rights in any
423+lease-purchase made under this subsection shall contain a citation of this
424+section and a recitation that the lease-purchase agreement and assignment
425+thereof are subject to change or termination by the legislature.
225426 (d) Pursuant to K.S.A. 74-32,459(b), and amendments thereto,
226-Wichita state university campus of applied sciences and technology
227-shall be governed by Wichita state university, subject to rules and
228-regulations of the state board of regents.
427+Wichita state university campus of applied sciences and technology shall
428+be governed by Wichita state university, subject to rules and regulations of
429+the state board of regents.
229430 (e) Pursuant to section 1(b), and amendments thereto, Fort Hays
230-state university – northwest Kansas technical college and Fort Hays
231-state university – north central Kansas technical college shall be
232-governed by Fort Hays state university, subject to rules and regulations
233-of the state board of regents.
234-Sec. 3. K.S.A. 74-32,461 is hereby amended to read as follows:
235-74-32,461. (a) The north central Kansas area vocational-technical
236-school is authorized to be previously converted to and established as a
237-by law as north central Kansas technical college and, upon such
238-conversion and establishment as provided by law, shall be officially
239-designated as the Fort Hays state university – north central Kansas
240-technical college.
431+state university – northwest Kansas technical college and Fort Hays state
432+university – north central Kansas technical college shall be governed by
433+Fort Hays state university, subject to rules and regulations of the state
434+board of regents.
435+Sec. 3. K.S.A. 74-32,461 is hereby amended to read as follows: 74-
436+32,461. (a) The north central Kansas area vocational-technical school is
437+authorized to be previously converted to and established as a by law as
438+north central Kansas technical college and, upon such conversion and
439+establishment as provided by law, shall be officially designated as the Fort
440+Hays state university – north central Kansas technical college.
241441 (b) Whenever the north central Kansas area vocational-technical
242442 school or north central Kansas technical college is referred to or
243-designated by or in any statute, contract or other document, such
244-reference or designation shall be deemed to apply to the Fort Hays
245-state university – north central Kansas technical college.
246-(c) The designation of north central Kansas technical college as
247-Fort Hays state university – north central Kansas technical college
248-shall be effective upon approval of a formal affiliation agreement that
249-is consistent with section 1, and amendments thereto, by the state board
250-of regents and the governing body of north central Kansas technical
251-college and on and after the date the higher learning commission of the
252-north central association of colleges and schools approves the
253-affiliation described in section 1(a), and amendments thereto.
254-Sec. 4. K.S.A. 74-32,464 is hereby amended to read as follows:
255-74-32,464. (a) The northwest Kansas area vocational-technical school,
256-also known as the northwest Kansas technical school, is authorized to
257-be previously converted to and established as a by law as northwest HOUSE BILL No. 2290—page 5
258-Kansas technical college and, upon such conversion and establishment
259-as provided by law, shall be officially designated as the Fort Hays state
260-university – northwest Kansas technical college.
261-(b) Whenever the northwest Kansas area vocational-technical
262-school, or the northwest Kansas technical school, or northwest Kansas
263-technical college is referred to or designated by or in any statute,
264-contract or other document, such reference or designation shall be
265-deemed to apply to the Fort Hays state university – northwest Kansas
266-technical college.
443+designated by or in any statute, contract or other document, such reference
444+or designation shall be deemed to apply to the Fort Hays state university –
445+north central Kansas technical college.
446+(c) The designation of north central Kansas technical college as Fort
447+Hays state university – north central Kansas technical college shall be
448+effective upon approval of a formal affiliation agreement that is consistent
449+with section 1, and amendments thereto, by the state board of regents and
450+the governing body of north central Kansas technical college and on and
451+after the date the higher learning commission of the north central
452+association of colleges and schools approves the affiliation described in
453+section 1(a), and amendments thereto.
454+Sec. 4. K.S.A. 74-32,464 is hereby amended to read as follows: 74-
455+32,464. (a) The northwest Kansas area vocational-technical school, also
456+known as the northwest Kansas technical school, is authorized to be
457+previously converted to and established as a by law as northwest Kansas
458+technical college and, upon such conversion and establishment as provided
459+by law, shall be officially designated as the Fort Hays state university –
460+northwest Kansas technical college.
461+(b) Whenever the northwest Kansas area vocational-technical school,
462+or the northwest Kansas technical school, or northwest Kansas technical
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506+college is referred to or designated by or in any statute, contract or other
507+document, such reference or designation shall be deemed to apply to the
508+Fort Hays state university – northwest Kansas technical college.
267509 (c) The designation of northwest Kansas technical college as Fort
268510 Hays state university – northwest Kansas technical college shall be
269-effective upon approval of a formal affiliation agreement that is
270-consistent with section 1, and amendments thereto, by the state board
271-of regents and the governing body of northwest Kansas technical
272-college and on and after the date the higher learning commission of the
273-north central association of colleges and schools approves the
274-affiliation described in section 1(a), and amendments thereto.
511+effective upon approval of a formal affiliation agreement that is consistent
512+with section 1, and amendments thereto, by the state board of regents and
513+the governing body of northwest Kansas technical college and on and
514+after the date the higher learning commission of the north central
515+association of colleges and schools approves the affiliation described in
516+section 1(a), and amendments thereto.
275517 Sec. 5. K.S.A. 76-6a13 is hereby amended to read as follows: 76-
276518 6a13. As used in this act, unless the context otherwise requires:
277519 (a) "Board" means the:
278520 (1) State board of regents or the;
279521 (2) board of regents of a municipal university or the;
280522 (3) governing board of the northwest Kansas technical college or
281-Fort Hays state university as the governing board of the northwest
282-Kansas technical college upon approval of a formal affiliation
283-agreement pursuant to section 1, and amendments thereto;
284-(4) governing board of the north central Kansas technical college
285-or Fort Hays state university as the governing board of the north
286-central Kansas technical college upon approval of a formal affiliation
287-agreement pursuant to section 1, and amendments thereto; or the
523+Fort Hays state university as the governing board of the northwest Kansas
524+technical college upon approval of a formal affiliation agreement
525+pursuant to section 1, and amendments thereto;
526+(4) governing board of the north central Kansas technical college or
527+Fort Hays state university as the governing board of the north central
528+Kansas technical college upon approval of a formal affiliation agreement
529+pursuant to section 1, and amendments thereto; or the
288530 (5) board of trustees of any community college.
289531 (b) "Institution" means and includes:
290-(1) Any state educational institution operated and managed under
291-the control and supervision of the state board of regents,;
532+(1) Any state educational institution operated and managed under the
533+control and supervision of the state board of regents,;
292534 (2) any municipal university organized under the laws of Kansas,;
293535 (3) any community college, the;
294-(4) northwest Kansas technical college or Fort Hays state
295-university – northwest Kansas technical college upon approval of a
296-formal affiliation agreement pursuant to section 1, and amendments
297-thereto; and the
536+(4) northwest Kansas technical college or Fort Hays state university
537+– northwest Kansas technical college upon approval of a formal affiliation
538+agreement pursuant to section 1, and amendments thereto; and the
298539 (5) north central Kansas technical college or Fort Hays state
299540 university – north central Kansas technical college upon approval of a
300541 formal affiliation agreement pursuant to section 1, and amendments
301542 thereto.
302-(c) "Building," when heretofore or hereafter acquired or
303-constructed by the state board of regents for any state educational
304-institution under the control and supervision of the state board of
305-regents, means and includes one or more dormitories, kitchens, dining
306-halls, student union buildings, field houses, student hospitals, libraries,
307-on-campus parking, hospital buildings or facilities for the university of
308-Kansas medical center, including outpatient treatment or support
309-facilities and acquisition of any real estate therefor, additions heretofore
310-or hereafter erected in connection therewith, or rehabilitation or
311-renovation of an existing building, or any combination thereof, or any
312-stadium, structure or facility when the same is deemed necessary by the
313-state board of regents to carry out the purposes of the institution, or
314-additions heretofore or hereafter erected in connection with such
315-stadium, structure or facility. The state board of regents shall not issue
316-any revenue bonds for acquisition or construction of any building,
543+(c) "Building," when heretofore or hereafter acquired or constructed
544+by the state board of regents for any state educational institution under the
545+control and supervision of the state board of regents, means and includes
546+one or more dormitories, kitchens, dining halls, student union buildings,
547+field houses, student hospitals, libraries, on-campus parking, hospital
548+buildings or facilities for the university of Kansas medical center,
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592+including outpatient treatment or support facilities and acquisition of any
593+real estate therefor, additions heretofore or hereafter erected in connection
594+therewith, or rehabilitation or renovation of an existing building, or any
595+combination thereof, or any stadium, structure or facility when the same is
596+deemed necessary by the state board of regents to carry out the purposes of
597+the institution, or additions heretofore or hereafter erected in connection
598+with such stadium, structure or facility. The state board of regents shall not
599+issue any revenue bonds for acquisition or construction of any building,
317600 structure or facility or additions erected in connection therewith, or for
318-rehabilitation or renovation of an existing building, as authorized by
319-this section, unless such acquisition, construction or rehabilitation or
601+rehabilitation or renovation of an existing building, as authorized by this
602+section, unless such acquisition, construction or rehabilitation or
320603 renovation has been authorized by appropriation or other act of the
321-legislature and the state board of regents has first advised and consulted HOUSE BILL No. 2290—page 6
322-on such acquisition, construction or rehabilitation or renovation with
323-the joint committee on state building construction.
324-(d) "Revenue bonds" means bonds issued by a board under
325-authority of K.S.A. 76-6a13 et seq., and amendments thereto, and
326-payable as to both principal and interest solely and only out of (1) the
327-income and revenues arising from the operation of the building for
328-which such bonds are issued, or (2) in the case of a building to be
329-constructed for an institution under the control and supervision of the
330-state board of regents and upon a determination by the state board of
331-regents that the best interests of the state and the institution will be
332-served thereby, the revenues derived from student fees levied for this
333-purpose or for other bonds after such other bonds are retired, or both,
334-(3) any combination of the revenues described in clause (1) or (2), and
335-(4) in addition to the revenues described in clauses (1), (2) or (3), in the
336-discretion of the board, out of one or both of the following additional
337-sources: (A) The proceeds of any grant in aid of such project which
338-may be received from any source, and (B) the net income and revenues
339-arising from the operation of another building already owned and
340-operated by the board and located on the same campus of the institution
341-where the building for which bonds are to be issued will be located.
604+legislature and the state board of regents has first advised and consulted on
605+such acquisition, construction or rehabilitation or renovation with the joint
606+committee on state building construction.
607+(d) "Revenue bonds" means bonds issued by a board under authority
608+of K.S.A. 76-6a13 et seq., and amendments thereto, and payable as to both
609+principal and interest solely and only out of (1) the income and revenues
610+arising from the operation of the building for which such bonds are issued,
611+or (2) in the case of a building to be constructed for an institution under the
612+control and supervision of the state board of regents and upon a
613+determination by the state board of regents that the best interests of the
614+state and the institution will be served thereby, the revenues derived from
615+student fees levied for this purpose or for other bonds after such other
616+bonds are retired, or both, (3) any combination of the revenues described
617+in clause (1) or (2), and (4) in addition to the revenues described in clauses
618+(1), (2) or (3), in the discretion of the board, out of one or both of the
619+following additional sources: (A) The proceeds of any grant in aid of such
620+project which may be received from any source, and (B) the net income
621+and revenues arising from the operation of another building already owned
622+and operated by the board and located on the same campus of the
623+institution where the building for which bonds are to be issued will be
624+located.
342625 (e) "Net income and revenue" means the income arising from the
343-operation of a building remaining after providing for the costs of
344-operation of such building and the costs of maintenance thereof.
345-(f) "Building," when heretofore or hereafter acquired or
346-constructed by a board other than the state board of regents, means and
347-includes one or more dormitories, kitchens, dining halls, student union
348-buildings, field houses, student hospitals, libraries, on-campus parking
349-or additions heretofore or hereafter erected in connection therewith, or
350-any combination thereof.
626+operation of a building remaining after providing for the costs of operation
627+of such building and the costs of maintenance thereof.
628+(f) "Building," when heretofore or hereafter acquired or constructed
629+by a board other than the state board of regents, means and includes one or
630+more dormitories, kitchens, dining halls, student union buildings, field
631+houses, student hospitals, libraries, on-campus parking or additions
632+heretofore or hereafter erected in connection therewith, or any
633+combination thereof.
351634 Sec. 6. K.S.A. 74-32,452, 74-32,461, 74-32,464 and 76-6a13 are
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352678 hereby repealed.
353679 Sec. 7. This act shall take effect and be in force from and after its
354680 publication in the statute book.
355-I hereby certify that the above BILL originated in the
356-HOUSE, and passed that body
357-Speaker of the House.
358-Chief Clerk of the House.
359-
360-Passed the SENATE ______________________________________________________________________________
361-President of the Senate.
362-Secretary of the Senate.
363-APPROVED __________________________________________________________________________________________________
364-Governor.
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