Session Law

Identifying Information:L. 2003 ch. 035
Other Identifying Information:2003 House Bill 2343
Tax Type:Other
Brief Description:An Act concerning financing of certain post secondary educational institutions; related to out-district tuition; amending K.S.A. 71-301a, 71-304, 71-305, 71-306, 71-308, 71-401, 71-402, 71-403, 71-610 and 71-1705 and K.S.A. 2002 Supp. 13-13a25, 13-13a26, 13- 13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34 and 19-101a and repealing the existing sections.
Keywords:


Body:

CHAPTER 35

HOUSE BILL No. 2343


An Act concerning financing of certain post secondary educational institutions; related to

out-district tuition; amending K.S.A. 71-301a, 71-304, 71-305, 71-306, 71-308, 71-401,

71-402, 71-403, 71-610 and 71-1705 and K.S.A. 2002 Supp. 13-13a25, 13-13a26, 13-

13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34 and 19-101a and repealing


the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 13-13a25 is hereby amended to read

as follows: 13-13a25. (a) As used in K.S.A. 13-13a25 through 13-13a34,

and amendments thereto:

(1) ``Board of levy'' means the board of county commissioners of

every county in which there is not located a municipal university and the

township trustee, township clerk and township treasurer, acting as a

board, of every township within every county in which there is located a

municipal university, except that board of levy shall not include a township

within a county in which there is located a municipal university which has

levied a countywide retailer's sales tax.

(2) ``Municipal university'' means a municipal university established

under the provisions of article 13a of chapter 13 of Kansas Statutes An-

notated.

(3) ``Municipal university district'' means the taxing district of a mu-

nicipal university.

(4) ``Taxing subdivision'' means every county in which there is not

located a municipal university and every township within every county in

which there is located a municipal university, except that taxing subdivi-

sion shall not include a township within a county in which there is located

a municipal university which has levied a countywide retailer's sales tax.

(5) ``State board'' means the state board of regents.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 2. K.S.A. 2002 Supp. 13-13a26 is hereby amended to read as

follows: 13-13a26. (a) The board of regents of a municipal university, in

accordance with rules and regulations of the state board, shall determine

and collect an amount of out-district tuition to be charged for each stu-

dent attending the municipal university whose residence is outside of the

municipal university district.

(b) The board of levy of any taxing subdivision charged with payment

of out-district tuition shall levy a tax on all of the taxable property of the

taxing subdivision sufficient to pay all out-district tuition charges author-

ized by this act.

(c) The proceeds from the tax levied under authority of this section

shall be deposited in a special fund for payment of out-district tuition.

Upon receiving a statement of charges for out-district tuition the board

of levy shall allow and pay the same promptly from the special fund. If

there is insufficient or no money in the special fund, out-district tuition

shall be paid from the general fund of the taxing subdivision or from the

proceeds of the sale of no-fund warrants issued for the purpose of the

payment of out-district tuition.

(d) The total out-district tuition charged by a municipal university

shall be: (1) For the 2000 fiscal year, an amount equal to the number of

duly enrolled out-district students times $24 for each credit hour of each

such duly enrolled out-district student; (2) for the 2001 fiscal year, an

amount equal to the number of duly enrolled out-district students times

$18 for each credit hour of each such student; (3) for the 2002 fiscal year

and, the 2003 fiscal year and the 2004 fiscal year, an amount equal to the

number of duly enrolled out-district students times $12 for each credit

hour of each such student; and (4) for the 2004 2005 fiscal year, an

amount equal to the number of duly enrolled out-district students time

$6 for each credit hour of each such student.

(e) Out-district tuition shall only be charged for credit hours of stu-

dents if such students, as determined by the state board, have not more

than 64 credit hours from any institution of postsecondary education or

the students have not more than 72 credit hours and are enrolled in

terminal type nursing courses or freshman-sophomore preengineering

courses.

(f) Expenditures for out-district tuition shall be exempt from the

budget law of this state to the extent of such payments not anticipated in

the budget of the taxing subdivision.

(g) The levy of taxes and the payment of out-district tuition by coun-

ties required under the provisions of this section shall not be subject to

the exercise of home rule by counties under the provisions of article 1 of

chapter 19 of Kansas Statutes Annotated. Counties shall have no power

to exempt from, or effect changes in, the provisions of this section.

(h) Taxes levied by townships under the authority of this section shall

be in addition to all other tax levies authorized or limited by law and shall

not be subject to or within the aggregate tax levy limit prescribed by

K.S.A. 79-1962, and amendments thereof.

(i) In May of each fiscal year, the board of regents shall notify each

board of levy of the approximate amount of out-district tuition which will

be charged to the taxing subdivision in the succeeding fiscal year.

(j) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 3. K.S.A. 2002 Supp. 13-13a27 is hereby amended to read as

follows: 13-13a27. (a) Out-district tuition shall be based only upon en-

rollments of students who are residents of the state of Kansas. For the

purpose of determination of out-district tuition: (1) Persons enrolling in

a municipal university who, if adults, have not been, or if minors, whose

parents have not been, residents of the state of Kansas for six months

prior to enrollment for any term or session are nonresidents of the state

of Kansas; and (2) persons enrolling in a municipal university who, if

adults, have not been, or if minors, whose parents have not been, resi-

dents of the municipal university district for six months prior to enroll-

ment for any term or session are nonresidents of the municipal university

district.

(b) For the purpose of determining residence of persons, the resi-

dence of minors shall be determined as provided in K.S.A. 72-1046, and

amendments thereto, and of adults as provided in subpart twenty-third

of K.S.A. 77-201 and amendments thereto.

(c) The state board of regents may adopt rules and regulations pre-

scribing criteria or guidelines for determination of residence of students

and shall make conclusive determination of any residence matter for the

purpose of determination of liability of taxing subdivisions for out-district

tuition.

(d) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 4. K.S.A. 2002 Supp. 13-13a29 is hereby amended to read as

follows: 13-13a29. (a) The determination of credit hours of duly enrolled

out-district students shall be made at the end of the fifth week of the

regular spring and fall semesters and at the end of the equivalent period

for summer sessions. The determination of credit hours of duly enrolled

out-district students for payments for short-term courses shall be made

at such times as are prescribed by the state board of regents.

(b) On or before November 1 and on or before April 1 of each year,

the president and treasurer of a municipal university shall certify under

oath to the state board the total number of duly enrolled credit hours of

out-district students of the municipal university during the current school

term. The state board may require a municipal university to furnish any

additional information deemed necessary by it to carry out the provisions

of this act and shall prescribe such forms, to be approved by the attorney

general, as may be necessary for making such reports.

(c) The state board and the post auditor may audit the records of a

municipal university to verify the accuracy of the reports submitted by

the municipal university. The state board may promulgate rules and reg-

ulations for the administration of this act.

(d) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 5. K.S.A. 2002 Supp. 13-13a31 is hereby amended to read as

follows: 13-13a31. (a) Subject to the provisions of subsection (b), no out-

district tuition shall be charged or paid for any student attending a mu-

nicipal university whose residence outside the municipal university dis-

trict is in a taxing subdivision in which there is located a community

college.

(b) The provisions of subsection (a) shall not apply to any such out-

district student when the course of study or program which the student

selects, or a course of study or program which is substantially equivalent

thereto, is not offered in the community college which is located in the

taxing subdivision in which such student resides.

(c) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 6. K.S.A. 2002 Supp. 13-13a32 is hereby amended to read as

follows: 13-13a32. (a) Subject to the provisions of subsection (b), no out-

district tuition shall be charged to or paid by any county in which there

is located a municipal university for any student attending a community

college whose residence outside the community college district is in a

county in which there is located a municipal university.

(b) The provisions of subsection (a) shall not apply to any such out-

district student when the course of study or program which the student

selects, or a course of study or program which is substantially equivalent

thereto, is not offered in the municipal university which is located in the

county in which such student resides.

(c) The provisions of this section shall expire on June 20, 2004 2005.

Sec. 7. K.S.A. 2002 Supp. 13-13a33 is hereby amended to read as

follows: 13-13a33. (a) The state board of regents shall adopt rules and

regulations prescribing criteria or guidelines for the purpose of deter-

mining which courses of study and programs offered in the community

colleges are substantially equivalent to the courses of study and programs

offered in municipal universities. A current, complete list of such courses

of study and programs shall be maintained on file in the office of the state

board of regents, and shall be open for public inspection at any reasonable

time.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 8. K.S.A. 2002 Supp. 13-13a34 is hereby amended to read as

follows: 13-13a34. (a) No out-district tuition charged by a municipal uni-

versity shall be based upon any course or program which is taught in an

area vocational school, an area vocational-technical school, or a technical

college under an agreement with the municipal university and for which

payments of state or federal moneys are made to the area vocational

school, area vocational-technical school, or technical college under the

provisions of article 44 of chapter 72 of Kansas Statutes Annotated.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 9. K.S.A. 2002 Supp. 19-101a is hereby amended to read as

follows: 19-101a. (a) The board of county commissioners may transact all

county business and perform all powers of local legislation and adminis-

tration it deems appropriate, subject only to the following limitations,

restrictions or prohibitions:

(1) Counties shall be subject to all acts of the legislature which apply

uniformly to all counties.

(2) Counties may not consolidate or alter county boundaries.

(3) Counties may not affect the courts located therein.

(4) Counties shall be subject to acts of the legislature prescribing

limits of indebtedness.

(5) In the exercise of powers of local legislation and administration

authorized under provisions of this section, the home rule power con-

ferred on cities to determine their local affairs and government shall not

be superseded or impaired without the consent of the governing body of

each city within a county which may be affected.

(6) Counties may not legislate on social welfare administered under

state law enacted pursuant to or in conformity with public law No. 271--

74th congress, or amendments thereof.

(7) Counties shall be subject to all acts of the legislature concerning

elections, election commissioners and officers and their duties as such

officers and the election of county officers.

(8) Counties shall be subject to the limitations and prohibitions im-

posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,

prescribing limitations upon the levy of retailers' sales taxes by counties.

(9) Counties may not exempt from or effect changes in statutes made

nonuniform in application solely by reason of authorizing exceptions for

counties having adopted a charter for county government.

(10) No county may levy ad valorem taxes under the authority of this

section upon real property located within any redevelopment project area

established under the authority of K.S.A. 12-1772, and amendments

thereto, unless the resolution authorizing the same specifically authorized

a portion of the proceeds of such levy to be used to pay the principal of

and interest upon bonds issued by a city under the authority of K.S.A.

12-1774, and amendments thereto.

(11) Counties shall have no power under this section to exempt from

any statute authorizing or requiring the levy of taxes and providing sub-

stitute and additional provisions on the same subject, unless the resolution

authorizing the same specifically provides for a portion of the proceeds

of such levy to be used to pay a portion of the principal and interest on

bonds issued by cities under the authority of K.S.A. 12-1774, and amend-

ments thereto.

(12) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4601 through 19-4625, and amendments thereto.

(13) Except as otherwise specifically authorized by K.S.A. 12-1,101

through 12-1,109, and amendments thereto, counties may not levy and

collect taxes on incomes from whatever source derived.

(14) Counties may not exempt from or effect changes in K.S.A. 19-

430, and amendments thereto.

(15) Counties may not exempt from or effect changes in K.S.A. 19-

302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

(16) (A) Counties may not exempt from or effect changes in K.S.A.

13-13a26, and amendments thereto.

(B) This provision shall expire on June 30, 2004 2005.

(17) (A) Counties may not exempt from or effect changes in K.S.A.

71-301a, and amendments thereto.

(B) This provision shall expire on June 30, 2004 2005.

(18) Counties may not exempt from or effect changes in K.S.A. 19-

15,139, 19-15,140 and 19-15,141, and amendments thereto.

(19) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-

1226, and amendments thereto, or the provisions of K.S.A. 12-1260

through 12-1270 and 12-1276, and amendments thereto.

(20) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-211, and amendments thereto.

(21) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4001 through 19-4015, and amendments thereto.

(22) Counties may not regulate the production or drilling of any oil

or gas well in any manner which would result in the duplication of reg-

ulation by the state corporation commission and the Kansas department

of health and environment pursuant to chapter 55 and chapter 65 of the

Kansas Statutes Annotated and any rules and regulations adopted pur-

suant thereto. Counties may not require any license or permit for the

drilling or production of oil and gas wells. Counties may not impose any

fee or charge for the drilling or production of any oil or gas well.

(23) Counties may not exempt from or effect changes in K.S.A. 79-

41a04, and amendments thereto.

(24) Counties may not exempt from or effect changes in K.S.A. 79-

1611, and amendments thereto.

(25) Counties may not exempt from or effect changes in K.S.A. 79-

1494, and amendments thereto.

(26) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-202, and amendments thereto.

(27) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-204, and amendments thereto.

(28) Counties may not levy or impose an excise, severance or any

other tax in the nature of an excise tax upon the physical severance and

production of any mineral or other material from the earth or water.

(29) Counties may not exempt from or effect changes in K.S.A. 79-

2017 or 79-2101, and amendments thereto.

(30) Counties may not exempt from or effect changes in K.S.A. 2-

3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d 65-

1,178 through 65-1,199 or K.S.A. 2002 Supp. 17-5909, and amendments

thereto.

(31) Counties may not exempt from or effect changes in K.S.A. 2002

Supp. 80-121, and amendments thereto.

(32) Counties may not exempt from or effect changes in K.S.A. 19-

228, and amendments thereto.

(b) Counties shall apply the powers of local legislation granted in

subsection (a) by resolution of the board of county commissioners. If no

statutory authority exists for such local legislation other than that set forth

in subsection (a) and the local legislation proposed under the authority

of such subsection is not contrary to any act of the legislature, such local

legislation shall become effective upon passage of a resolution of the

board and publication in the official county newspaper. If the legislation

proposed by the board under authority of subsection (a) is contrary to an

act of the legislature which is applicable to the particular county but not

uniformly applicable to all counties, such legislation shall become effec-

tive by passage of a charter resolution in the manner provided in K.S.A.

19-101b, and amendments thereto.

(c) Any resolution adopted by a county which conflicts with the re-

strictions in subsection (a) is null and void.

Sec. 10. K.S.A. 71-301a is hereby amended to read as follows: 71-

301a. (a) The board of trustees, in accordance with rules and regulations

of the state board, shall determine an amount of out-district tuition to be

charged for each out-district student attending the community college.

The board of county commissioners of any county charged with payment

of out-district tuition shall levy a tax on all of the taxable property of the

county sufficient to pay all out-district tuition charges authorized by this

act. The proceeds from the tax levied under authority of this section shall

be deposited in a special fund for payment of out-district tuition. Upon

receiving a statement of charges for out-district tuition, the board of

county commissioners shall allow and pay the same from the special fund

within 45 days from the receipt of such statement. If there is insufficient

or no money in the special fund, out-district tuition shall be paid from

the county general fund or from the proceeds of the sale of no-fund

warrants issued for the purpose of the payment of out-district tuition. If

the board of county commissioners fails to pay such amount at the time

required under this subsection, the board of trustees shall notify the state

board of such failure to pay and shall certify to the state board the amount

to be paid. Upon receipt by the state board of such notification, the

amount to be paid as certified to the state board shall become an amount

due and owing to the state board. The state board shall notify the board

of county commissioners that this amount is now due and owing to the

state board. If the board of county commissioners fails to pay such amount

to the state board within 14 days of the receipt of such notification, the

state board shall initiate proceedings under K.S.A. 75-6201 et seq. for the

collection of such money. Money paid to or collected by the state board

under this subsection shall be deposited in the out-district tuition sus-

pense account which is hereby created in the state treasury. The state

board shall pay moneys from this account, in accordance with rules and

regulations of the state board, to the community colleges entitled to re-

ceive such money.

(b) The total out-district tuition charged by a community college shall

be: (1) For the 2000 fiscal year, an amount equal to the number of duly

enrolled out-district students times $24 for each credit hour of each such

student; (2) for the 2001 fiscal year, an amount equal to the number of

duly enrolled out-district students times $18 for each credit hour of each

such student; (3) for the 2002 fiscal year and, the 2003 fiscal year and the

2004 fiscal year, an amount equal to the number of duly enrolled out-

district students times $12 for each credit hour of each such student; and

(4) for the 2004 2005 fiscal year, an amount equal to the number of duly

enrolled out-district students times $6 for each credit hour of each such

student.

(c) In May of each fiscal year, the board of trustees shall notify the

board of county commissioners of the approximate amount of out-district

tuition which will be charged to the county in the succeeding fiscal year.

(d) Expenditures for out-district tuition shall be exempt from the

budget law of this state to the extent of such payments not anticipated in

the budget of the county.

(e) The provisions of this section shall take effect and be in force on

July 1, 1999, and shall expire on June 30, 2004 2005.

Sec. 11. K.S.A. 71-304 is hereby amended to read as follows: 71-304.

(a) Notwithstanding any provision contained in chapter 71 of Kansas Stat-

utes Annotated to the contrary, and subject to the provisions of K.S.A.

71-305, and amendments thereto, no out-district tuition shall be charged

or paid for any student attending a community college whose residence

outside the community college district is in another community college

district.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 12. K.S.A. 71-305 is hereby amended to read as follows: 71-305.

(a) The provisions of K.S.A. 71-304, and amendments thereto, do not

apply to any out-district student when the course of study or program

which the student selects, or a course of study or program which is sub-

stantially equivalent thereto, is not offered in the community college of

the district in which such student resides.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 13. K.S.A. 71-306 is hereby amended to read as follows: 71-306.

(a) The state board of regents shall adopt rules and regulations prescribing

criteria or guidelines for the purpose of determining which courses of

study and programs offered in the community colleges are substantially

equivalent. A current, complete list of such courses of study and programs

shall be maintained on file in the office of the state board of regents, and

shall be open for public inspection at any reasonable time.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 14. K.S.A. 71-308 is hereby amended to read as follows: 71-308.

(a) No out-district tuition charges shall be based upon credit hours in any

subject or course the principal part of which is taught at a location outside

the county of the main campus of a community college, unless the location

of such subject or course is specifically authorized by the state board of

regents.

(b) (1) No out-district tuition charges shall be based upon credit

hours in any subject or course which is taught in a county in which the

main campus of a state educational institution is located, unless the teach-

ing of such subject or course is specifically authorized by the chief ex-

ecutive officer of the state educational institution or by a designee of the

chief executive officer. The chief executive officer of each state educa-

tional institution may designate and authorize a person or committee to

act on behalf of the chief executive officer in granting the authorizations

required by this subsection. No authorization required by this subsection

shall be considered to be or construed in any manner as an agreement

provided for by subsection (c).

(2) For the purposes of this subsection, the term ``main campus of a

state educational institution'' as applied to Kansas state university of ag-

riculture and applied science means and includes the campus of the uni-

versity located in Riley county and the campus of the university's college

of technology located in Saline county.

(3) The provisions of this subsection are subject to the provisions of

subsection (c).

(c) No out-district tuition charges shall be based upon credit hours

in any subject or course all or the principal part of which is taught at Fort

Hays state university or at Wichita state university under an agreement

for the teaching of such subject or course entered into by a community

college and either such university. An agreement entered into under the

provisions of this subsection for the teaching of a subject or course by a

community college at Fort Hays state university or at Wichita state uni-

versity shall constitute the authorization required by subsection (b) for

the teaching of such subject or course, and no separate authorization

under subsection (b) shall be required.

(d) No out-district tuition charges shall be based upon any course or

program if such course or program is taught in an area vocational school,

an area vocational-technical school, or a technical college under an agree-

ment with a community college and for which payments of state or federal

moneys are made to the area vocational school, the area vocational-tech-

nical school, or the technical college under the provisions of article 44 of

chapter 72 of Kansas Statutes Annotated.

(e) No out-district tuition charges shall be based upon any motorcycle

driver safety course conducted by a community college.

(f) The provisions of this section shall take effect and be in force on

July 1, 1999, and shall expire on June 30, 2004 2005.

Sec. 15. K.S.A. 71-401 is hereby amended to read as follows: 71-401.

(a) Persons enrolling in a community college who, if adults, have not been,

or if minors, whose parents have not been residents of the county in which

is located the principal campus of the community college for at least six

months prior to enrollment for any term or session are nonresidents of

the community college district for the purpose of determining liability of

counties for payment of out-district tuition.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 16. K.S.A. 71-402 is hereby amended to read as follows: 71-402.

(a) For the purpose of determining the county of residence of persons,

residence of minors shall be determined as provided in K.S.A. 72-1046

and amendments thereto and of adults as provided in subpart Twenty-

third of K.S.A. 77-201 and amendments thereto.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 17. K.S.A. 71-403 is hereby amended to read as follows: 71-403.

(a) The state board of regents may adopt rules and regulations prescribing

criteria or guidelines for determination of residence of students for the

purpose of determining liability of counties for out-district tuition of stu-

dents in community colleges. The state board may make conclusive de-

termination of any residence matter for the purpose of determination of

out-district tuition.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 18. K.S.A. 71-610 is hereby amended to read as follows: 71-610.

(a) Notwithstanding any provision contained in chapter 71 of Kansas Stat-

utes Annotated to the contrary, whenever there are two community col-

lege districts located within one county, no out-district tuition shall be

charged for any student residing in such county and attending either such

community college.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 19. K.S.A. 71-1705 is hereby amended to read as follows: 71-

1705. (a) Notwithstanding any provision contained in chapter 71 of Kansas

Statutes Annotated to the contrary, whenever any area vocational school

or area vocational-technical school consolidates with a community college

in accordance with the provisions of this act, no out-district tuition shall

be charged for any student enrolled in any vocational education course

or program offered by the community college if such course or program

was taught in the area vocational school or area vocational-technical

school immediately prior to the consolidation of such area vocational

school or area vocational-technical school with such community college

and as a result of such consolidation such course or program is now being

offered by the community college.

(b) The provisions of this section shall expire on June 30, 2004 2005.

Sec. 20. K.S.A. 71-301a, 71-304, 71-305, 71-306, 71-308, 71-401, 71-

402, 71-403, 71-610 and 71-1705 and K.S.A. 2002 Supp. 13-13a25, 13-

13a26, 13-13a27, 13-13a29, 13-13a31, 13-13a32, 13-13a33, 13-13a34 and

19-101a are hereby repealed.

Sec. 21. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2002.







Date Composed: 10/29/2003 Date Modified: 10/29/2003