Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB481 Amended / Bill

                    As Amended by Senate Committee
Session of 2024
SENATE BILL No. 481
By Committee on Ways and Means
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AN ACT concerning Kansas state university; renaming Kansas state 
university polytechnic campus as Kansas state university - Salina; 
requirements for admission and credential and degree programs; 
amending K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751, 
76-754, 76-756 and 76-7,126 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-3209 is hereby amended to read as follows: 74-
3209. As used in this act:
(a) "Institution" means the university of Kansas, university of Kansas 
medical center, Kansas state university of agriculture and applied science, 
Wichita state university, Emporia state university, Pittsburg state 
university, Fort Hays state university and Kansas state university 
polytechnic campus – Salina;
(b) "governing authority" means the state board of regents or the 
chief executive officer of an institution if such officer has been designated 
by the state board to act on its behalf in exercising the authority of the 
board to care for, control, maintain and supervise all roads, streets, 
driveways and parking facilities for vehicles on the grounds of the 
institution; and
(c) "vehicle" means motor vehicle, motorized bicycle and bicycle.
Sec. 2. K.S.A. 76-156a is hereby amended to read as follows: 76-
156a. The Kansas university endowment association is hereby authorized 
to act as the investing agent for any endowment or bequest to the 
university of Kansas. The Kansas state university foundation is hereby 
authorized to act as the investing agent for any endowment or bequest to 
Kansas state university of agriculture and applied science or to Kansas 
state university polytechnic campus – Salina. The Wichita state university 
foundation is hereby authorized to act as the investing agent for any 
endowment or bequest to Wichita state university. The Fort Hays state 
university foundation is hereby authorized to act as the investing agent for 
any endowment or bequest to Fort Hays state university. The Emporia state 
university foundation, inc., is hereby authorized to act as the investing 
agent for any endowment or bequest to Emporia state university. The 
Pittsburg state university foundation, inc., is hereby authorized to act as the 
investing agent for any endowment or bequest to Pittsburg state university.
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Any such investing agent may exercise such fiscal management and 
administrative powers as may be necessary or appropriate for the lawful 
and efficient management of any such endowment or bequest. Each 
investing agent is hereby authorized to execute any agreements or other 
legal papers appropriate to the accomplishment of the purposes of this act 
with respect to any such endowment or bequest.
Sec. 3. K.S.A. 76-205 is hereby amended to read as follows: 76-205. 
(a) The Kansas state university polytechnic campus, previously known as 
the Kansas college of technology hereby is merged with and made a part 
of prior to the merger with the Kansas state university of agriculture and 
applied science, and the institutional infrastructure of the college hereby is 
designated as the Kansas state university polytechnic campus is hereby 
renamed Kansas state university – Salina. All properties, moneys, 
appropriations, rights and authorities vested in the Kansas college of 
technology prior to the effective date of this act hereby are vested in 
Kansas state university of agriculture and applied science. Whenever the 
Kansas technical institute, or the Kansas college of technology, 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 the 
Kansas state university of agriculture and applied science Whenever 
Kansas state university polytechnic campus, 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 Kansas state 
university – Salina.
(b) Commencing in fiscal year 2025, Kansas state university – Salina 
shall be considered a separate line item and state general fund account in 
the budget documents and bills concerning Kansas state university.The 
merger effected by this act shall not affect any contract, agreement or 
assurance in effect on the effective date of this act. All lawful debts of the 
Kansas college of technology shall be assumed and paid by the Kansas 
state university of agriculture and applied science.
(c) Subject to authorization by the state board of regents, all 
personnel of the Kansas college of technology, who are necessary, in the 
opinion of the president of Kansas state university of agriculture and 
applied science, to the operation of the Kansas state university polytechnic 
campus, shall become personnel of Kansas state university of agriculture 
and applied science. All such personnel shall retain all retirement benefits 
and all rights of employment which had accrued to or vested in such 
personnel prior to the merger effected by this act. The employment of such 
personnel shall be deemed to have been uninterrupted.
(d) (1) No suit, action or other proceeding, judicial or administrative, 
lawfully commenced, or which could have been commenced, by or against 
the Kansas college of technology, or by or against any personnel of the 
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Kansas college of technology, shall abate by reason of the merger effected 
by operation of this act. The court may allow any such suit, action or other 
proceeding to be maintained by or against the Kansas state university of 
agriculture and applied science.
(2) No criminal action commenced or which could have been 
commenced by the Kansas college of technology shall abate by the taking 
effect of this act.
(e) Commencing with the 1992 fiscal year, for the purpose of 
preparation of the governor's budget report and related legislative measure 
or measures for submission to the legislature, the Kansas state university 
polytechnic campus shall be considered a separate state agency and shall 
be titled for such purpose as the "Kansas State University Polytechnic 
Campus." The budget estimates and requests of such college shall be 
presented as a state agency separate from Kansas state university, and such 
separation shall be maintained in the budget documents and reports 
prepared by the director of the budget and the governor, or either of them, 
including all related legislative reports and measures submitted to the 
legislature.
Sec. 4. K.S.A. 76-213 is hereby amended to read as follows: 76-213. 
(a) The state board of regents has and may exercise the following powers 
and authority:
(1) To determine the programs of technical education and other 
programs which shall be offered and the certificates of completion of 
courses or curriculum and degrees , including credential and degree 
programs ranging from industry certifications to associate, bachelor and 
graduate degrees, which may be granted by the Kansas state university 
polytechnic campus – Salina;
(2) to acquire any land and buildings formerly comprising any part of 
what is commonly known as Schilling air force base, Salina, Kansas, by 
gift, purchase, lease, contract, or otherwise, from the United States 
government or any of its agencies or from the city of Salina or any of its 
agencies and to grant such assurances as may be appropriate to the 
acquisition and utilization of any such land and buildings;
(3) to use the proceeds of the retailers' sales tax levied by the city of 
Salina for purposes benefiting the Kansas state university polytechnic 
campus – Salina, which purposes shall include, but not by way of 
limitation, site preparation, buildings, campus improvements, equipment, 
and the financing of capital improvements; and
(4) to do all things necessary and appropriate to effectuate the orderly 
and timely merger of the Kansas college of technology with the Kansas 
state university of agriculture and applied science.
(b) (1) Except as otherwise provided in this subsection, the following 
persons admitted by Kansas state university into Kansas state university – 
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Salina shall not be subject to the admission requirements set forth in 
K.S.A. 76-717, and amendments thereto:
(A) Persons admitted as degree-seeking students in career technical 
education courses or programs terminating with an associate of applied 
studies degree; and
(B) persons admitted as nondegree-seeking students in career technical 
education certificate programs.
(2) Persons admitted into Kansas state university – Salina who 
subsequently seek to transfer into another school within Kansas state 
university, or into a bachelor's, master's, doctorate or non-technical 
associate degree or certificate program offered at Kansas state university, 
shall, at the time of such transfer, be subject to the admission requirements 
set forth in K.S.A. 76-717, and amendments thereto.
(3) Persons admitted by Kansas state university seeking a non-
technical certificate, non-technical associate degree or any bachelor's, 
master's or doctorate degree shall be subject to the admission 
requirements set forth in K.S.A. 76-717, and amendments thereto.
(c) As used in this section, the term "technical education" means 
vocational or technical education and training or retraining which is given 
at Kansas state university polytechnic campus, and which is conducted as 
a program of education designed to educate and train individuals as 
technicians in recognized fields – Salina. Programs of technical education 
include, but not by way of limitation, aeronautical technology inclusive of 
professional pilot training, construction technology, drafting and design 
technology, electrical technology, electronic technology, mechanical 
technology, automatic data processing and computer technology, industrial 
technology, metals technology, safety technology, tool design technology, 
cost control technology, surveying technology, industrial production 
technology, sales service technology, industrial writing technology, 
communications technology, chemical control technology, quality control 
technology and such additional programs of technical education which 
may be specified from time to time by the board of regents are not limited 
to, programs that advance the aerospace, technology and advanced 
manufacturing industries of the state.
Sec. 5. K.S.A. 76-218 is hereby amended to read as follows: 76-218. 
Within the limits of appropriations therefor, Kansas state university of 
agriculture and applied science may purchase insurance for operation and 
testing of completed project aircraft and for operation of aircraft used in 
professional pilot training used in education, training and research. The 
insurance may include public liability, physical damage, medical payments 
and voluntary settlement coverages.
Sec. 6. K.S.A. 76-751 is hereby amended to read as follows: 76-751. 
As used in this act, "state educational institution" means Fort Hays state 
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university, Kansas state university of agriculture and applied science, 
Kansas state university veterinary medical center, Emporia state university, 
Pittsburg state university, university of Kansas, university of Kansas 
medical center, Wichita state university, and Kansas state university 
polytechnic campus – Salina.
Sec. 7. K.S.A. 76-754 is hereby amended to read as follows: 76-754. 
As used in this act, "state educational institution" means Fort Hays state 
university, Kansas state university of agriculture and applied science, 
Kansas state university veterinary medical center, Emporia state university, 
Pittsburg state university, university of Kansas, university of Kansas 
medical center, Wichita state university, and Kansas state university 
polytechnic campus – Salina.
Sec. 8. K.S.A. 76-756 is hereby amended to read as follows: 76-756. 
As used in this act:
(a) "State educational institution" means Fort Hays state university, 
Kansas state university of agriculture and applied science, Kansas state 
university veterinary medical center, Emporia state university, Pittsburg 
state university, university of Kansas, university of Kansas medical center, 
Wichita state university and Kansas state university polytechnic campus – 
Salina.
(b) "Endowment association" means:
(1) For the Fort Hays state university, the Fort Hays state university 
foundation;
(2) for the Kansas state university of agriculture and applied science, 
the Kansas state university veterinary medical center, and the Kansas state 
university polytechnic campus – Salina, the Kansas state university 
foundation;
(3) for the Emporia state university, the Emporia state university 
foundation;
(4) for the Pittsburg state university, the Pittsburg state university 
foundation;
(5) for the university of Kansas and the university of Kansas medical 
center, the Kansas university endowment association; and
(6) for the Wichita state university, the Wichita state university board 
of trustees and the Wichita state university foundation.
Sec. 9. K.S.A. 76-7,126 is hereby amended to read as follows: 76-
7,126. As used in this act, unless the context expressly provides otherwise:
(a) "State educational institution" or "institution" means Fort Hays 
state university, Kansas state university of agriculture and applied science, 
Kansas state university veterinary medical center, Emporia state university, 
Pittsburg state university, university of Kansas, university of Kansas 
medical center, Wichita state university and Kansas state university 
polytechnic campus – Salina.
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(b) "Alternative project delivery" means an integrated comprehensive 
building design and construction process, including all procedures, actions, 
sequences of events, contractual relations, obligations, interrelations and 
various forms of agreement all aimed at the successful completion of the 
design and construction of buildings and other structures whereby a 
construction manager or general contractor team is selected based on a 
qualifications and best value approach.
(c) "Ancillary technical services" include, but shall not be limited to, 
geology services and other soil or subsurface investigation and testing 
services, surveying, adjusting and balancing air conditioning, ventilating, 
heating and other mechanical building systems and testing and consultant 
services that are determined by the institution to be required for the 
project.
(d) "Architectural services" means those services described as the 
"practice of architecture," as defined in K.S.A. 74-7003, and amendments 
thereto.
(e) "Best value selection" means a selection based upon project cost, 
qualifications and other factors.
(f) (1) "Building construction" means furnishing labor, equipment, 
material or supplies used or consumed for the design, construction, 
alteration, renovation, repair or maintenance of a building or structure.
(2) "Building construction" does not include highways, roads, 
bridges, dams, turnpikes or related structures or stand-alone parking lots.
(g) "Construction project services" means the process of planning, 
acquiring, building, equipping, altering, repairing, improving, or 
demolishing any structure or appurtenance thereto, including facilities, 
utilities or other improvements to any real property, excluding highways, 
roads, bridges, dams, turnpikes or related structures or stand-alone parking 
lots.
(h) "Construction management at-risk services" means the services 
provided by a firm which has entered into a contract with the institution to 
be the construction manager or general contractor for the value and 
schedule of the contract for a project, which is to hold the trade contracts 
and execute the work for a project in a manner similar to a general 
contractor, and which is required to solicit competitive bids for the trade 
packages developed for the project and to enter into the trade contracts for 
a project with the lowest responsible bidder therefor. Construction 
management at-risk services may include, but are not limited to 
scheduling, value analysis, system analysis, constructability reviews, 
progress document reviews, subcontractor involvement and 
prequalification, subcontractor bonding policy, budgeting and price 
guarantees and construction coordination.
(i) "Construction management at-risk contract" means a contract 
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under which an institution acquires from a construction manager or 
general contractor a series of preconstruction services and an at-risk 
financial obligation to carry out construction under a specified cost 
agreement.
(j) "Construction manager or general contractor" means any 
individual, partnership, joint venture, corporation, or other legal entity who 
is a member of the integrated project team with the institution, design 
professional and other consultants that may be required for the project, 
who utilizes skill and knowledge of general contracting to perform 
preconstruction services and competitively procures and contracts with 
specialty contractors assuming the responsibility and the risk for 
construction delivery within a specified cost and schedule terms including 
a guaranteed maximum price.
(k) "Design criteria consultant" means a person, corporation, 
partnership, or other legal entity duly registered and authorized to practice 
architecture or professional engineering in this state pursuant to K.S.A. 74-
7003, and amendments thereto, and who is employed by contract to the 
institution to provide professional design and administrative services in 
connection with the preparation of the design criteria package.
(l) "Engineering services" means those services described as the 
"practice of engineering," as defined in K.S.A. 74-7003, and amendments 
thereto.
(m) "Guaranteed maximum price" means the cost of the work as 
defined in the contract.
(n) "Non-state moneys" means any funds received by a state 
educational institution from any source other than the state of Kansas or 
any agency thereof.
(o) "Parking lot" means a designated area constructed on the ground 
surface for parking motor vehicles. A parking lot included as part of a 
building construction project shall be subject to the provisions of this act. 
A parking lot designed and constructed as a stand-alone project shall not 
be subject to the provisions of this act.
(p) "Preconstruction services" means a series of services including, 
but not limited to: Design review, scheduling, cost control, value 
engineering, constructability evaluation and preparation and coordination 
of bid packages.
(q) (1) "Construction project" or "project" means the process of 
designing, constructing, reconstructing, altering or renovating a building or 
other structure.
(2) "Construction project" or "project" does not mean the process of 
designing, constructing, altering or repairing a public highway, road, 
bridge, dam, turnpike or related structure.
(r) "Procurement committee" means the state educational institution 
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procurement committee established by K.S.A. 76-7,131, and amendments 
thereto.
(s) "State board" means the state board of regents.
Sec. 10. K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751, 
76-754, 76-756 and 76-7,126 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its 
publication in the statute book.
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