HOUSE BILL No. 2290
AN ACT concerning higher education; authorizing the affiliation of northwest Kansas
technical college and north central Kansas technical college with Fort Hays state
university; amending K.S.A. 74-32,452, 74-32,461, 74-32,464 and 76-6a13 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Northwest Kansas technical college and north
central Kansas technical college, authorized and designated as technical
colleges pursuant to K.S.A. 74-32,464 and 74-32,461, and amendments
thereto, respectively, with governing boards established pursuant to
K.S.A. 74-32,452, and amendments thereto, are hereby affiliated with
Fort Hays state university. The institutional infrastructures of these
technical colleges are hereby officially designated as Fort Hays state
university – northwest Kansas technical college and Fort Hays state
university – north central Kansas technical college and shall be
governed by and operated as technical colleges within Fort Hays state
university.
(b) The governing bodies of northwest Kansas technical college
and north central Kansas technical college shall become industry or
regional advisory boards to the president of Fort Hays state university
for Fort Hays state university – northwest Kansas technical college and
Fort Hays state university – north central Kansas technical college. All
of the powers and duties established in the governing body of such
technical college by law shall be transferred to Fort Hays state
university, subject to the rules and regulations and supervision of the
state board of regents. The president of Fort Hays state university shall
appoint the members of the industry or regional advisory boards. The
members of the advisory boards shall represent industry sectors or
regions that correspond to the programs offered by Fort Hays state
university – northwest Kansas technical college and Fort Hays state
university – north central Kansas technical college.
(c) Fort Hays state university – northwest Kansas technical college
and Fort Hays state university – north central Kansas technical college
shall offer programs approved by Fort Hays state university, including
credential and degree programs that technical colleges are authorized
by law to award. The industry or regional advisory boards shall:
(1) Review non-credit and credit programs with the president and
senior leadership of Fort Hays state university, Fort Hays state
university – northwest Kansas technical college and Fort Hays state
university – north central Kansas technical college to ensure such
programs are aligned with current and emerging needs of industry and
the community for an educated and trained workforce;
(2) provide input relating to changes in each advisory board
member's industry sector or region that affect academic programs;
(3) perform any operational responsibilities or duties specified in
the formal affiliation agreement referenced in subsection (j); and
(4) perform such other responsibilities as requested by the
president of Fort Hays state university.
(d) Nothing in this section shall be construed as altering any
admission requirements applicable to the respective educational
institutions, and each affiliating institution shall continue to be subject
to any applicable admission requirements imposed by law. Fort Hays
state university shall not admit degree-seeking first-time freshmen or
transfer students to university programs who do not meet the applicable
qualified admission standards.
(e) Fort Hays state university – northwest Kansas technical college
and Fort Hays state university – north central Kansas technical college
shall continue to be technical colleges and shall be eligible for funding
that is available to technical colleges to the extent provided by law. The
amounts of such funding are to be determined in the same manner as
provided by law for technical colleges.
(f) Whenever northwest Kansas technical college, northwest
Kansas technical school, northwest Kansas area vocational-technical
school or northwest tech, or words of like effect, is referred to or
designated by any statute, contract or other document, such reference or HOUSE BILL No. 2290—page 2
designation shall be deemed to apply to Fort Hays state university –
northwest Kansas technical college. Whenever north central Kansas
technical college, north central Kansas area vocational-technical school
or NCK tech, or words of like effect, is referred to or designated by any
statute, contract or other document, such reference or designation shall
be deemed to apply to Fort Hays state university – north central Kansas
technical college. Except as otherwise provided in this section, the
provisions of all statutes of general application to area vocational
schools, area vocational technical schools or technical colleges shall
apply to Fort Hays state university – northwest Kansas technical
college and Fort Hays state university – north central Kansas technical
college. Whenever area vocational schools, area vocational-technical
schools or technical colleges are defined, referred to or designated in a
statute, such definition, referral or designation shall be deemed to apply
to Fort Hays state university – northwest Kansas technical college and
Fort Hays state university – north central Kansas technical college.
(g) The formal affiliation agreement between northwest Kansas
technical college, north central Kansas technical college and Fort Hays
state university shall include provisions relating to the manner and
terms upon which faculty, employees and students may be transferred
to Fort Hays state university. Such provisions shall specify terms of
employment and include other personnel matters. Subject to the
authorization of the state board of regents, all personnel of northwest
Kansas technical college and north central Kansas technical college
who are necessary to the operation of Fort Hays state university –
northwest Kansas technical college and Fort Hays state university –
north central Kansas technical college, in accordance with the needs of
Fort Hays state university, may become personnel of Fort Hays state
university. The employment of such personnel shall be deemed
uninterrupted.
(h) No suit, action or other proceeding, judicial or administrative,
lawfully commenced, or that could have been commenced, by or
against northwest Kansas technical college or north central Kansas
technical college prior to affiliation, or by or against any personnel of
such technical colleges, shall abate by reason of such affiliation. Any
such suit, action or other proceeding may be allowed to be maintained
by or against Fort Hays state university – northwest Kansas technical
college or Fort Hays state university – north central Kansas technical
college, as the case may be. No criminal action commenced or that
could have been commenced by northwest Kansas technical college or
north central Kansas technical college prior to affiliation shall abate by
reason of such affiliation.
(i) The affiliation provided for by this section shall not affect any
contract, agreement or assurance in effect on the effective date of this
section.
(j) The provisions of this section shall be effective upon approval
of a formal affiliation agreement that is consistent with these provisions
by the state board of regents and the governing bodies of northwest
Kansas technical college and north central Kansas technical college and
on and after the date the higher learning commission of the north
central association of colleges and schools approves the affiliation
described in subsection (a). If only one of the governing bodies of the
technical colleges provides approval of a formal affiliation agreement
as set forth herein, the provisions of this section shall still be
considered effective as to the affiliation between Fort Hays state
university and the technical college whose governing body provided
approval of the formal affiliation agreement.
Sec. 2. K.S.A. 74-32,452 is hereby amended to read as follows:
74-32,452. (a) Except as provided in subsection (d) subsections (d) and
(e), all technical colleges shall establish and maintain a plan for a
governing board, which shall be separate and independent of any board
of education of any school district, to operate, control and manage the
technical college. The plan shall include, but not be limited to,
provisions relating to: HOUSE BILL No. 2290—page 3
(1) The composition of the independent governing board;
(2) the territory of the technical college. If the territory of the
technical college includes more than one county, the plan shall
designate a home county;
(3) the method of election or appointment and the terms of service
of the members of the independent governing board;
(4) the date upon which the independent governing board shall
assume management and control of the technical college;
(5) the manner, terms upon which and extent to which the
facilities will be transferred to the independent governing board and the
division of other assets and indebtedness and other liabilities; and
(6) the manner and terms upon which faculty, employees and
students will be transferred to the independent governing board.
Subject to the provisions of K.S.A. 74-32,466, and amendments
thereto, such provisions shall specify terms of employment and address
other personnel matters.
(b) On the date determined in the approved plan, the independent
governing board established under subsection (a) shall operate subject
to the rules, regulations and supervision of the state board of regents in
the same manner as other technical colleges. Any amendments to the
plan shall be submitted to the state board of regents for approval.
(c) In addition to such other powers expressly granted by law and
subject to the provisions of subsection (b), the governing board shall
have the power to:
(1) Determine the career technical and general education courses
of instruction that will comprise the associate of applied science degree
programs of the college;
(2) establish the requirements for satisfactory completion of the
associate of applied science degree programs of the college;
(3) confer the associate of applied science degree upon students
who successfully complete an associate of applied science degree
program of the college and to award a certificate or diploma to students
who successfully complete a career technical education program of the
college;
(4) appoint teaching staff and fix and determine teacher
qualifications, duties and compensation. No teacher appointed to teach
courses comprising the associate of applied science degree programs of
the college shall be required to meet licensure requirements greater
than those required in the state educational institutions;
(5) have custody of, and be responsible for, the property of the
college and be responsible for the operation, management and control
of the college;
(6) select a chairperson and such other officers as it deems
desirable, from its membership;
(7) sue and be sued;
(8) appoint and fix the compensation and term of office of a
president or chief administrative officer of the college;
(9) fix and determine, within state adopted standards, all other
employees' qualifications, duties, compensation and all other items and
conditions of employment;
(10) enter into contracts;
(11) accept any gifts, grants or donations;
(12) acquire and dispose of real or personal property;
(13) enter into lease agreements as lessor of any property owned
or controlled by the college;
(14) adopt any rules and regulations, not inconsistent with any law
or any rules and regulations of the state board of regents, which are
necessary for the administration and operation of the college or for the
conduct of business of the governing board;
(15) contract with one or more agencies, either public or private,
whether located within or outside the territory of the college or whether
located within or outside the state of Kansas, for the conduct by any
such agency of academic or career technical education for students of
the college and to provide for the payment to any such agency for the HOUSE BILL No. 2290—page 4
contracted educational services from any funds or moneys of the
college, including funds or moneys received from student tuition and
fees;
(16) appoint as its resident agent for the purpose of service of
process, either the president of the technical college or the chairperson
of the governing board, or both;
(17) take any other action, not inconsistent with any law or any
rules and regulations of the state board of regents, which is necessary
or incidental to the establishment, operation and maintenance of the
college;
(18) issue bonds for capital improvement projects, enter into bond
covenants and take such ancillary action as the governing board
approves, relating thereto, except that such bonds shall not be secured
by a pledge of any property tax revenues of the technical college;
(19) enter into agreements with counties relating to funding for
capital improvement projects at technical colleges;
(20) fix different rates per hour of tuition, fees and charges for the
different postsecondary programs administered by such board; and
(21) to acquire by lease-purchase any property, whether real,
personal, or mixed, or any interest therein, which is necessary or
desirable for technical college purposes. The term of any lease-
purchase agreement entered into under authority of this subsection may
be for not to exceed 10 years. Such lease-purchase agreement may
provide for annual or other payment of rent or rental fees and may
obligate the technical college to payment of maintenance or other
expenses. Any lease-purchase agreement entered into under authority
of this subsection shall be subject to change or termination at any time
by the legislature. Any assignment of rights in any lease-purchase made
under this subsection shall contain a citation of this section and a
recitation that the lease-purchase agreement and assignment thereof are
subject to change or termination by the legislature.
(d) Pursuant to K.S.A. 74-32,459(b), and amendments thereto,
Wichita state university campus of applied sciences and technology
shall be governed by Wichita state university, subject to rules and
regulations of the state board of regents.
(e) Pursuant to section 1(b), and amendments thereto, Fort Hays
state university – northwest Kansas technical college and Fort Hays
state university – north central Kansas technical college shall be
governed by Fort Hays state university, subject to rules and regulations
of the state board of regents.
Sec. 3. K.S.A. 74-32,461 is hereby amended to read as follows:
74-32,461. (a) The north central Kansas area vocational-technical
school is authorized to be previously converted to and established as a
by law as north central Kansas technical college and, upon such
conversion and establishment as provided by law, shall be officially
designated as the Fort Hays state university – north central Kansas
technical college.
(b) Whenever the north central Kansas area vocational-technical
school or north central Kansas technical college is referred to or
designated by or in any statute, contract or other document, such
reference or designation shall be deemed to apply to the Fort Hays
state university – north central Kansas technical college.
(c) The designation of north central Kansas technical college as
Fort Hays state university – north central Kansas technical college
shall be effective upon approval of a formal affiliation agreement that
is consistent with section 1, and amendments thereto, by the state board
of regents and the governing body of north central Kansas technical
college and on and after the date the higher learning commission of the
north central association of colleges and schools approves the
affiliation described in section 1(a), and amendments thereto.
Sec. 4. K.S.A. 74-32,464 is hereby amended to read as follows:
74-32,464. (a) The northwest Kansas area vocational-technical school,
also known as the northwest Kansas technical school, is authorized to
be previously converted to and established as a by law as northwest HOUSE BILL No. 2290—page 5
Kansas technical college and, upon such conversion and establishment
as provided by law, shall be officially designated as the Fort Hays state
university – northwest Kansas technical college.
(b) Whenever the northwest Kansas area vocational-technical
school, or the northwest Kansas technical school, or northwest Kansas
technical college is referred to or designated by or in any statute,
contract or other document, such reference or designation shall be
deemed to apply to the Fort Hays state university – northwest Kansas
technical college.
(c) The designation of northwest Kansas technical college as Fort
Hays state university – northwest Kansas technical college shall be
effective upon approval of a formal affiliation agreement that is
consistent with section 1, and amendments thereto, by the state board
of regents and the governing body of northwest Kansas technical
college and on and after the date the higher learning commission of the
north central association of colleges and schools approves the
affiliation described in section 1(a), and amendments thereto.
Sec. 5. K.S.A. 76-6a13 is hereby amended to read as follows: 76-
6a13. As used in this act, unless the context otherwise requires:
(a) "Board" means the:
(1) State board of regents or the;
(2) board of regents of a municipal university or the;
(3) governing board of the northwest Kansas technical college or
Fort Hays state university as the governing board of the northwest
Kansas technical college upon approval of a formal affiliation
agreement pursuant to section 1, and amendments thereto;
(4) governing board of the north central Kansas technical college
or Fort Hays state university as the governing board of the north
central Kansas technical college upon approval of a formal affiliation
agreement pursuant to section 1, and amendments thereto; or the
(5) board of trustees of any community college.
(b) "Institution" means and includes:
(1) Any state educational institution operated and managed under
the control and supervision of the state board of regents,;
(2) any municipal university organized under the laws of Kansas,;
(3) any community college, the;
(4) northwest Kansas technical college or Fort Hays state
university – northwest Kansas technical college upon approval of a
formal affiliation agreement pursuant to section 1, and amendments
thereto; and the
(5) north central Kansas technical college or Fort Hays state
university – north central Kansas technical college upon approval of a
formal affiliation agreement pursuant to section 1, and amendments
thereto.
(c) "Building," when heretofore or hereafter acquired or
constructed by the state board of regents for any state educational
institution under the control and supervision of the state board of
regents, means and includes one or more dormitories, kitchens, dining
halls, student union buildings, field houses, student hospitals, libraries,
on-campus parking, hospital buildings or facilities for the university of
Kansas medical center, including outpatient treatment or support
facilities and acquisition of any real estate therefor, additions heretofore
or hereafter erected in connection therewith, or rehabilitation or
renovation of an existing building, or any combination thereof, or any
stadium, structure or facility when the same is deemed necessary by the
state board of regents to carry out the purposes of the institution, or
additions heretofore or hereafter erected in connection with such
stadium, structure or facility. The state board of regents shall not issue
any revenue bonds for acquisition or construction of any building,
structure or facility or additions erected in connection therewith, or for
rehabilitation or renovation of an existing building, as authorized by
this section, unless such acquisition, construction or rehabilitation or
renovation has been authorized by appropriation or other act of the
legislature and the state board of regents has first advised and consulted HOUSE BILL No. 2290—page 6
on such acquisition, construction or rehabilitation or renovation with
the joint committee on state building construction.
(d) "Revenue bonds" means bonds issued by a board under
authority of K.S.A. 76-6a13 et seq., and amendments thereto, and
payable as to both principal and interest solely and only out of (1) the
income and revenues arising from the operation of the building for
which such bonds are issued, or (2) in the case of a building to be
constructed for an institution under the control and supervision of the
state board of regents and upon a determination by the state board of
regents that the best interests of the state and the institution will be
served thereby, the revenues derived from student fees levied for this
purpose or for other bonds after such other bonds are retired, or both,
(3) any combination of the revenues described in clause (1) or (2), and
(4) in addition to the revenues described in clauses (1), (2) or (3), in the
discretion of the board, out of one or both of the following additional
sources: (A) The proceeds of any grant in aid of such project which
may be received from any source, and (B) the net income and revenues
arising from the operation of another building already owned and
operated by the board and located on the same campus of the institution
where the building for which bonds are to be issued will be located.
(e) "Net income and revenue" means the income arising from the
operation of a building remaining after providing for the costs of
operation of such building and the costs of maintenance thereof.
(f) "Building," when heretofore or hereafter acquired or
constructed by a board other than the state board of regents, means and
includes one or more dormitories, kitchens, dining halls, student union
buildings, field houses, student hospitals, libraries, on-campus parking
or additions heretofore or hereafter erected in connection therewith, or
any combination thereof.
Sec. 6. K.S.A. 74-32,452, 74-32,461, 74-32,464 and 76-6a13 are
hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.