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Kansas Senate Bill SB481

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 SENATE BILL No. 481
33 By Committee on Ways and Means
44 2-7
55 AN ACT concerning Kansas state university; renaming Kansas state
66 university polytechnic campus as Kansas state university - Salina;
77 requirements for admission and credential and degree programs;
88 amending K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751,
99 76-754, 76-756 and 76-7,126 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 74-3209 is hereby amended to read as follows: 74-
1212 3209. As used in this act:
1313 (a) "Institution" means the university of Kansas, university of Kansas
1414 medical center, Kansas state university of agriculture and applied science,
1515 Wichita state university, Emporia state university, Pittsburg state
1616 university, Fort Hays state university and Kansas state university
1717 polytechnic campus – Salina;
1818 (b) "governing authority" means the state board of regents or the
1919 chief executive officer of an institution if such officer has been designated
2020 by the state board to act on its behalf in exercising the authority of the
2121 board to care for, control, maintain and supervise all roads, streets,
2222 driveways and parking facilities for vehicles on the grounds of the
2323 institution; and
2424 (c) "vehicle" means motor vehicle, motorized bicycle and bicycle.
2525 Sec. 2. K.S.A. 76-156a is hereby amended to read as follows: 76-
2626 156a. The Kansas university endowment association is hereby authorized
2727 to act as the investing agent for any endowment or bequest to the
2828 university of Kansas. The Kansas state university foundation is hereby
2929 authorized to act as the investing agent for any endowment or bequest to
3030 Kansas state university of agriculture and applied science or to Kansas
3131 state university polytechnic campus – Salina. The Wichita state university
3232 foundation is hereby authorized to act as the investing agent for any
3333 endowment or bequest to Wichita state university. The Fort Hays state
3434 university foundation is hereby authorized to act as the investing agent for
3535 any endowment or bequest to Fort Hays state university. The Emporia state
3636 university foundation, inc., is hereby authorized to act as the investing
3737 agent for any endowment or bequest to Emporia state university. The
3838 Pittsburg state university foundation, inc., is hereby authorized to act as the
3939 investing agent for any endowment or bequest to Pittsburg state university.
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7676 Any such investing agent may exercise such fiscal management and
7777 administrative powers as may be necessary or appropriate for the lawful
7878 and efficient management of any such endowment or bequest. Each
7979 investing agent is hereby authorized to execute any agreements or other
8080 legal papers appropriate to the accomplishment of the purposes of this act
8181 with respect to any such endowment or bequest.
8282 Sec. 3. K.S.A. 76-205 is hereby amended to read as follows: 76-205.
8383 (a) The Kansas state university polytechnic campus, previously known as
8484 the Kansas college of technology hereby is merged with and made a part
8585 of prior to the merger with the Kansas state university of agriculture and
8686 applied science, and the institutional infrastructure of the college hereby is
8787 designated as the Kansas state university polytechnic campus is hereby
8888 renamed Kansas state university – Salina. All properties, moneys,
8989 appropriations, rights and authorities vested in the Kansas college of
9090 technology prior to the effective date of this act hereby are vested in
9191 Kansas state university of agriculture and applied science. Whenever the
9292 Kansas technical institute, or the Kansas college of technology, or words
9393 of like effect, is referred to or designated by any statute, contract or other
9494 document, such reference or designation shall be deemed to apply to the
9595 Kansas state university of agriculture and applied science Whenever
9696 Kansas state university polytechnic campus, or words of like effect, is
9797 referred to or designated by any statute, contract or other document, such
9898 reference or designation shall be deemed to apply to Kansas state
9999 university – Salina.
100100 (b) Commencing in fiscal year 2025, Kansas state university – Salina
101101 shall be considered a separate line item and state general fund account in
102102 the budget documents and bills concerning Kansas state university.The
103103 merger effected by this act shall not affect any contract, agreement or
104104 assurance in effect on the effective date of this act. All lawful debts of the
105105 Kansas college of technology shall be assumed and paid by the Kansas
106106 state university of agriculture and applied science.
107107 (c) Subject to authorization by the state board of regents, all
108108 personnel of the Kansas college of technology, who are necessary, in the
109109 opinion of the president of Kansas state university of agriculture and
110110 applied science, to the operation of the Kansas state university polytechnic
111111 campus, shall become personnel of Kansas state university of agriculture
112112 and applied science. All such personnel shall retain all retirement benefits
113113 and all rights of employment which had accrued to or vested in such
114114 personnel prior to the merger effected by this act. The employment of such
115115 personnel shall be deemed to have been uninterrupted.
116116 (d) (1) No suit, action or other proceeding, judicial or administrative,
117117 lawfully commenced, or which could have been commenced, by or against
118118 the Kansas college of technology, or by or against any personnel of the
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162162 Kansas college of technology, shall abate by reason of the merger effected
163163 by operation of this act. The court may allow any such suit, action or other
164164 proceeding to be maintained by or against the Kansas state university of
165165 agriculture and applied science.
166166 (2) No criminal action commenced or which could have been
167167 commenced by the Kansas college of technology shall abate by the taking
168168 effect of this act.
169169 (e) Commencing with the 1992 fiscal year, for the purpose of
170170 preparation of the governor's budget report and related legislative measure
171171 or measures for submission to the legislature, the Kansas state university
172172 polytechnic campus shall be considered a separate state agency and shall
173173 be titled for such purpose as the "Kansas State University Polytechnic
174174 Campus." The budget estimates and requests of such college shall be
175175 presented as a state agency separate from Kansas state university, and such
176176 separation shall be maintained in the budget documents and reports
177177 prepared by the director of the budget and the governor, or either of them,
178178 including all related legislative reports and measures submitted to the
179179 legislature.
180180 Sec. 4. K.S.A. 76-213 is hereby amended to read as follows: 76-213.
181181 (a) The state board of regents has and may exercise the following powers
182182 and authority:
183183 (1) To determine the programs of technical education and other
184184 programs which shall be offered and the certificates of completion of
185185 courses or curriculum and degrees , including credential and degree
186186 programs ranging from industry certifications to associate, bachelor and
187187 graduate degrees, which may be granted by the Kansas state university
188188 polytechnic campus – Salina;
189189 (2) to acquire any land and buildings formerly comprising any part of
190190 what is commonly known as Schilling air force base, Salina, Kansas, by
191191 gift, purchase, lease, contract, or otherwise, from the United States
192192 government or any of its agencies or from the city of Salina or any of its
193193 agencies and to grant such assurances as may be appropriate to the
194194 acquisition and utilization of any such land and buildings;
195195 (3) to use the proceeds of the retailers' sales tax levied by the city of
196196 Salina for purposes benefiting the Kansas state university polytechnic
197197 campus – Salina, which purposes shall include, but not by way of
198198 limitation, site preparation, buildings, campus improvements, equipment,
199199 and the financing of capital improvements; and
200200 (4) to do all things necessary and appropriate to effectuate the orderly
201201 and timely merger of the Kansas college of technology with the Kansas
202202 state university of agriculture and applied science.
203203 (b) (1) Except as otherwise provided in this subsection, the following
204204 persons admitted by Kansas state university into Kansas state university –
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248248 Salina shall not be subject to the admission requirements set forth in
249249 K.S.A. 76-717, and amendments thereto:
250250 (A) Persons admitted as degree-seeking students in career technical
251251 education courses or programs terminating with an associate of applied
252252 studies degree; and
253253 (B) persons admitted as nondegree-seeking students in career technical
254254 education certificate programs.
255255 (2) Persons admitted into Kansas state university – Salina who
256256 subsequently seek to transfer into another school within Kansas state
257257 university, or into a bachelor's, master's, doctorate or non-technical
258258 associate degree or certificate program offered at Kansas state university,
259259 shall, at the time of such transfer, be subject to the admission requirements
260260 set forth in K.S.A. 76-717, and amendments thereto.
261261 (3) Persons admitted by Kansas state university seeking a non-
262262 technical certificate, non-technical associate degree or any bachelor's,
263263 master's or doctorate degree shall be subject to the admission
264264 requirements set forth in K.S.A. 76-717, and amendments thereto.
265265 (c) As used in this section, the term "technical education" means
266266 vocational or technical education and training or retraining which is given
267267 at Kansas state university polytechnic campus, and which is conducted as
268268 a program of education designed to educate and train individuals as
269269 technicians in recognized fields – Salina. Programs of technical education
270270 include, but not by way of limitation, aeronautical technology inclusive of
271271 professional pilot training, construction technology, drafting and design
272272 technology, electrical technology, electronic technology, mechanical
273273 technology, automatic data processing and computer technology, industrial
274274 technology, metals technology, safety technology, tool design technology,
275275 cost control technology, surveying technology, industrial production
276276 technology, sales service technology, industrial writing technology,
277277 communications technology, chemical control technology, quality control
278278 technology and such additional programs of technical education which
279279 may be specified from time to time by the board of regents are not limited
280280 to, programs that advance the aerospace, technology and advanced
281281 manufacturing industries of the state.
282282 Sec. 5. K.S.A. 76-218 is hereby amended to read as follows: 76-218.
283283 Within the limits of appropriations therefor, Kansas state university of
284284 agriculture and applied science may purchase insurance for operation and
285285 testing of completed project aircraft and for operation of aircraft used in
286286 professional pilot training used in education, training and research. The
287287 insurance may include public liability, physical damage, medical payments
288288 and voluntary settlement coverages.
289289 Sec. 6. K.S.A. 76-751 is hereby amended to read as follows: 76-751.
290290 As used in this act, "state educational institution" means Fort Hays state
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334334 university, Kansas state university of agriculture and applied science,
335335 Kansas state university veterinary medical center, Emporia state university,
336336 Pittsburg state university, university of Kansas, university of Kansas
337337 medical center, Wichita state university, and Kansas state university
338338 polytechnic campus – Salina.
339339 Sec. 7. K.S.A. 76-754 is hereby amended to read as follows: 76-754.
340340 As used in this act, "state educational institution" means Fort Hays state
341341 university, Kansas state university of agriculture and applied science,
342342 Kansas state university veterinary medical center, Emporia state university,
343343 Pittsburg state university, university of Kansas, university of Kansas
344344 medical center, Wichita state university, and Kansas state university
345345 polytechnic campus – Salina.
346346 Sec. 8. K.S.A. 76-756 is hereby amended to read as follows: 76-756.
347347 As used in this act:
348348 (a) "State educational institution" means Fort Hays state university,
349349 Kansas state university of agriculture and applied science, Kansas state
350350 university veterinary medical center, Emporia state university, Pittsburg
351351 state university, university of Kansas, university of Kansas medical center,
352352 Wichita state university and Kansas state university polytechnic campus –
353353 Salina.
354354 (b) "Endowment association" means:
355355 (1) For the Fort Hays state university, the Fort Hays state university
356356 foundation;
357357 (2) for the Kansas state university of agriculture and applied science,
358358 the Kansas state university veterinary medical center, and the Kansas state
359359 university polytechnic campus – Salina, the Kansas state university
360360 foundation;
361361 (3) for the Emporia state university, the Emporia state university
362362 foundation;
363363 (4) for the Pittsburg state university, the Pittsburg state university
364364 foundation;
365365 (5) for the university of Kansas and the university of Kansas medical
366366 center, the Kansas university endowment association; and
367367 (6) for the Wichita state university, the Wichita state university board
368368 of trustees and the Wichita state university foundation.
369369 Sec. 9. K.S.A. 76-7,126 is hereby amended to read as follows: 76-
370370 7,126. As used in this act, unless the context expressly provides otherwise:
371371 (a) "State educational institution" or "institution" means Fort Hays
372372 state university, Kansas state university of agriculture and applied science,
373373 Kansas state university veterinary medical center, Emporia state university,
374374 Pittsburg state university, university of Kansas, university of Kansas
375375 medical center, Wichita state university and Kansas state university
376376 polytechnic campus – Salina.
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420420 (b) "Alternative project delivery" means an integrated comprehensive
421421 building design and construction process, including all procedures, actions,
422422 sequences of events, contractual relations, obligations, interrelations and
423423 various forms of agreement all aimed at the successful completion of the
424424 design and construction of buildings and other structures whereby a
425425 construction manager or general contractor team is selected based on a
426426 qualifications and best value approach.
427427 (c) "Ancillary technical services" include, but shall not be limited to,
428428 geology services and other soil or subsurface investigation and testing
429429 services, surveying, adjusting and balancing air conditioning, ventilating,
430430 heating and other mechanical building systems and testing and consultant
431431 services that are determined by the institution to be required for the
432432 project.
433433 (d) "Architectural services" means those services described as the
434434 "practice of architecture," as defined in K.S.A. 74-7003, and amendments
435435 thereto.
436436 (e) "Best value selection" means a selection based upon project cost,
437437 qualifications and other factors.
438438 (f) (1) "Building construction" means furnishing labor, equipment,
439439 material or supplies used or consumed for the design, construction,
440440 alteration, renovation, repair or maintenance of a building or structure.
441441 (2) "Building construction" does not include highways, roads,
442442 bridges, dams, turnpikes or related structures or stand-alone parking lots.
443443 (g) "Construction project services" means the process of planning,
444444 acquiring, building, equipping, altering, repairing, improving, or
445445 demolishing any structure or appurtenance thereto, including facilities,
446446 utilities or other improvements to any real property, excluding highways,
447447 roads, bridges, dams, turnpikes or related structures or stand-alone parking
448448 lots.
449449 (h) "Construction management at-risk services" means the services
450450 provided by a firm which has entered into a contract with the institution to
451451 be the construction manager or general contractor for the value and
452452 schedule of the contract for a project, which is to hold the trade contracts
453453 and execute the work for a project in a manner similar to a general
454454 contractor, and which is required to solicit competitive bids for the trade
455455 packages developed for the project and to enter into the trade contracts for
456456 a project with the lowest responsible bidder therefor. Construction
457457 management at-risk services may include, but are not limited to
458458 scheduling, value analysis, system analysis, constructability reviews,
459459 progress document reviews, subcontractor involvement and
460460 prequalification, subcontractor bonding policy, budgeting and price
461461 guarantees and construction coordination.
462462 (i) "Construction management at-risk contract" means a contract
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506506 under which an institution acquires from a construction manager or
507507 general contractor a series of preconstruction services and an at-risk
508508 financial obligation to carry out construction under a specified cost
509509 agreement.
510510 (j) "Construction manager or general contractor" means any
511511 individual, partnership, joint venture, corporation, or other legal entity who
512512 is a member of the integrated project team with the institution, design
513513 professional and other consultants that may be required for the project,
514514 who utilizes skill and knowledge of general contracting to perform
515515 preconstruction services and competitively procures and contracts with
516516 specialty contractors assuming the responsibility and the risk for
517517 construction delivery within a specified cost and schedule terms including
518518 a guaranteed maximum price.
519519 (k) "Design criteria consultant" means a person, corporation,
520520 partnership, or other legal entity duly registered and authorized to practice
521521 architecture or professional engineering in this state pursuant to K.S.A. 74-
522522 7003, and amendments thereto, and who is employed by contract to the
523523 institution to provide professional design and administrative services in
524524 connection with the preparation of the design criteria package.
525525 (l) "Engineering services" means those services described as the
526526 "practice of engineering," as defined in K.S.A. 74-7003, and amendments
527527 thereto.
528528 (m) "Guaranteed maximum price" means the cost of the work as
529529 defined in the contract.
530530 (n) "Non-state moneys" means any funds received by a state
531531 educational institution from any source other than the state of Kansas or
532532 any agency thereof.
533533 (o) "Parking lot" means a designated area constructed on the ground
534534 surface for parking motor vehicles. A parking lot included as part of a
535535 building construction project shall be subject to the provisions of this act.
536536 A parking lot designed and constructed as a stand-alone project shall not
537537 be subject to the provisions of this act.
538538 (p) "Preconstruction services" means a series of services including,
539539 but not limited to: Design review, scheduling, cost control, value
540540 engineering, constructability evaluation and preparation and coordination
541541 of bid packages.
542542 (q) (1) "Construction project" or "project" means the process of
543543 designing, constructing, reconstructing, altering or renovating a building or
544544 other structure.
545545 (2) "Construction project" or "project" does not mean the process of
546546 designing, constructing, altering or repairing a public highway, road,
547547 bridge, dam, turnpike or related structure.
548548 (r) "Procurement committee" means the state educational institution
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592592 procurement committee established by K.S.A. 76-7,131, and amendments
593593 thereto.
594594 (s) "State board" means the state board of regents.
595595 Sec. 10. K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751,
596596 76-754, 76-756 and 76-7,126 are hereby repealed.
597597 Sec. 11. This act shall take effect and be in force from and after its
598598 publication in the statute book.
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