SENATE BILL No. 481
AN ACT concerning Kansas state university; renaming Kansas state university polytechnic
campus as Kansas state university Salina; 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.
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. SENATE BILL No. 481—page 2
(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 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 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. SENATE BILL No. 481—page 3
(b) 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 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 SENATE BILL No. 481—page 4
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.
(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
under which an institution acquires from a construction manager or
general contractor a series of preconstruction services and an at-risk SENATE BILL No. 481—page 5
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 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. SENATE BILL No. 481—page 6
Sec. 11. 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 SENATE, and passed
that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.