reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-106 Same; what deemed state property.

70a-106.
Same; what deemed state property.
For the purposes of this act the bed and channel of any river in this state or bordering on this state to the middle of the main channel thereof and all islands and sand bars lying therein shall be considered to be the property of the state of Kansas unless this state or the United States has granted or conveyed an adverse legal or equitable interest therein since January 29, 1861 A.D., or unless there still exists a legal adverse interest therein founded upon a valid grant prior thereto: Provided, That nothing in this act shall affect or impair the rights of any riparian landowner or lawful settler upon any island which is state school land.
History: L. 1913, ch. 259, § 6; April 30; R.S. 1923, 71-106.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-107 Same; enforcement of act.

70a-107.
Same; enforcement of act.
The director of taxation is authorized and empowered to call to his or her assistance in the administration of this act all county and township officers, and it is hereby made the duty of every such officer to aid in the enforcement of this act.
History:
L. 1913, ch. 259, § 7; R.S. 1923, 71-107; L. 1961, ch. 311, § 4; July 1.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-108 Same; penalty for violations; evidence.

70a-108.
Same; penalty for violations; evidence.
Any person or corporation violating any provision of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment; and for purposes of prosecution it shall be prima facie proof that the river bed or island involved in such suit is the property of the state to show by the records of the county clerk and register of deeds that the same is not recorded as patented by the United States or by the state of Kansas or recorded as school land sold but not yet patented by the state of Kansas, or otherwise held by record title.
History: L. 1913, ch. 259, § 8; April 30; R.S. 1923, 71-108.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-109 Same; construction and validity.

70a-109.
Same; construction and validity.
This act shall be liberally construed to promote its object and if any competent court shall adjudge any provision thereof to be unconstitutional such judgment shall not affect the other provisions of this act.
History: L. 1913, ch. 259, § 9; April 30; R.S. 1923, 71-109.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-115 Suits to protect interests of state.

70a-115.
Suits to protect interests of state.
The director of taxation shall, by and with the consent of the governor, have power to bring all suits and institute or defend any and all proceedings necessary to be brought or defended in any action to protect the interests of the state, and to carry out the provisions of chapter 70a of the Kansas Statutes Annotated, and of any and all acts or parts of acts amendatory thereof or supplemental thereto.
History:
L. 1933, ch. 249, § 5; L. 1961, ch. 311, § 5; July 1.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-116 Intent and purpose of act.

70a-116.
Intent and purpose of act.
It being intended by the provisions of this act, and the purpose thereof, that no part of the proceeds derived from the sale of oil and gas shall be distributed or paid to any county or drainage district within the state of Kansas.
History: L. 1933, ch. 249, § 8; March 10.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 1 - General Provisions › 71-120 Community colleges; official designation.

71-120.
Community colleges; official designation.
(a) On and after the effective date of this act, every public community junior college, established and existing under the laws of this state, is hereby officially designated as a community college.
(b) Whenever the community colleges officially designated as such in subsection (a) are referred to or designated by the terms "community junior college" or "junior college" in a statute, contract or other document, such reference or designation shall be deemed to apply to said community colleges.
History:
L. 1980, ch. 207, § 1; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-201a Contracts; indemnification or hold harmless provision, void.

71-201a.
Contracts; indemnification or hold harmless provision, void.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of trustees of a community college, or any officers or employees thereof acting on behalf of the board, provide that the community college and board of trustees shall be responsible solely for the community college's or board's actions or failure to act under a contract.
(b) The board of trustees of a community college and any officers or employees thereof acting on behalf of the board shall not have the authority to enter into a contract under which the community college or board agrees to, or is required to, indemnify or hold harmless against damages, injury or death resulting from the actions or failure to act on the part of any party to a contract other than the board or the community college.
(c) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History:
L. 2005, ch. 158, § 4; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-201b Contracts; governed by Kansas law.

71-201b.
Contracts; governed by Kansas law.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of trustees of a community college, or any officers or employees thereof acting on behalf of the board, shall be governed by and interpreted in accordance with the laws of the state of Kansas.
(b) The board of trustees of a community college and any of its officers or employees acting on behalf of the board shall have no power to enter into a contract which provides that the contract shall be governed by or interpreted in accordance with the laws of a state other than the state of Kansas.
(c) The board of trustees of a community college and any officers or employees thereof acting on behalf of the board shall have no power, pursuant to a contract, to submit to the jurisdiction of any court other than a court of the state of Kansas.
(d) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History:
L. 2005, ch. 158, § 5; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-201c Contracts; mandatory provisions.

71-201c.
Contracts; mandatory provisions.
(a) Except as provided by subsection (c), any contract entered into by the board of trustees of a community college or any of its officers or employees acting on behalf of the board shall contain the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended.
(b) Except as provided by subsection (c), any contract entered into after the effective date of this act shall be deemed to have incorporated the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, even if such provisions are not specifically contained in such contract.
(c) The board of trustees of a community college may omit any of the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, upon the affirmative recorded vote of a majority of the members of the board. The board shall not have the authority to waive or omit from the provisions of any contract the provisions of K.S.A. 71-201a or 71-201b, and amendments thereto.
History:
L. 2005, ch. 158, § 6; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-203 Scholarships; limitations on use of public funds.

71-203.
Scholarships; limitations on use of public funds.
The board of trustees of a community college shall not authorize or permit the expenditure of any public funds, either directly or indirectly, for scholarships for students who reside outside of the community college district. No public funds shall be expended for athletic scholarships. For the purpose of this section, moneys received from sale of admissions to activities which the community college sponsors and moneys received from private sector persons or organizations shall not be deemed to be public funds. Notwithstanding any provision of law to the contrary, a community college may use student fees to grant student scholarships if such use is approved by the board of trustees and acknowledged by student government representatives.
History:
L. 1968, ch. 211, § 20; L. 1969, ch. 340, § 2; L. 1980, ch. 207, § 4; L. 2001, ch. 83, § 1; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-204 Tax levy authorization; determination of amount; budget.

71-204.
Tax levy authorization; determination of amount; budget.
(a) For the purpose of community college maintenance and operation, the board of trustees is authorized to levy a tax on the taxable tangible property of the community college district.
Such tax levy shall be the amount determined by the board of trustees to be sufficient to finance that part of the budget of the community college which is not financed from any other source provided by law. The budget of the community college shall be prepared and adopted as provided by law, and the tax levy therefor shall be certified to the county clerk of every county a part of the territory of which is in the community college district.
(b) The tax levy authorized by subsection (a) shall be reduced (1) in the 2001 fiscal year by an amount equal to 80% of the amount of the difference between the amount of state aid received by the community college in the 2000 fiscal year less an amount equal to 25% of the amount of out-district tuition received by the community college in such fiscal year and the amount of the state grant to which the community college is entitled in the 2001 fiscal year and (2) in fiscal years 2002, 2003 and 2004 by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the preceding fiscal year less an amount equal to 25% of the amount of out-district tuition received by the community college in the 2000 fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year and (3) in each fiscal year after the 2004 fiscal year by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the preceding fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year.
History:
L. 1965, ch. 417, § 15; L. 1967, ch. 408, § 2; L. 1976, ch. 299, § 1; L. 1980, ch. 207, § 5; L. 1999, ch. 147, § 27; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-205 Off-campus instruction at Fort Leavenworth military reservation.

71-205.
Off-campus instruction at Fort Leavenworth military reservation.
For the purpose of offering and providing off-campus instruction and courses of study at the Fort Leavenworth military reservation, any community college board of trustees is hereby authorized to enter into agreements with the United States of America or any department or agency thereof. Credit for such study shall be given and accredited in the same manner and to the same extent as other community college credit is given and accredited.
History:
L. 1968, ch. 247, § 1; L. 1980, ch. 207, § 6; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-206 Same; disposition of funds.

71-206.
Same; disposition of funds.
Any community college board shall receive, deposit and disburse all funds due or to become due for off-campus instruction at Fort Leavenworth military reservation in the same manner as other funds belonging to the board, and all funds so received, or which have been so received, shall be available and expended for such off-campus instruction and other lawful purposes of the board without regard to any restrictions or limitations contained in the budget law.
History:
L. 1968, ch. 247, § 2; L. 1980, ch. 207, § 7; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-210 Affiliation with certain organizations and associations; payment of dues, membership fees authorized.

71-210.
Affiliation with certain organizations and associations; payment of dues, membership fees authorized.
The board of trustees of any community college, upon majority vote of the members thereof, is hereby authorized to pay dues or membership fees from the general fund of such community college for affiliation with any organization or association the purpose and function of which is to provide for: (a) Accreditation necessary to enable the community college to fulfill its educational mission; or (b) eligibility for participation by the community college in formal athletic competition; or (c) the exchange of information and cooperation among community and junior colleges for the strengthening of programs for the benefit of its member community and junior colleges; or (d) information, education and assistance to boards of trustees on curriculum or in solving problems peculiar to community and junior college operation.
History:
L. 1976, ch. 302, § 2; L. 1980, ch. 207, § 11; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-211 Standardized and uniform chart of accounts; use required.

71-211. Standardized and uniform chart of accounts; use required.
The director of accounts and reports, with the advice of the state board of regents, the senate committee on education and the house of representatives committee on education, shall prescribe a standardized and uniform chart of accounts for use by all community colleges. Such chart of accounts shall be compatible with the revenues and expenditures classification system developed by the national association of college and university business officers. The chart of accounts shall be adaptable to manual or automated systems, and use of such chart of accounts is hereby required for all community colleges.
History:
L. 1973, ch. 293, § 1; L. 1978, ch. 300, § 1; L. 1979, ch. 217, § 1; L. 1980, ch. 207, § 12; L. 1999, ch. 147, § 88; L. 2013, ch. 134, § 25; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-212 Early retirement incentive programs; establishment authorized; purposes; payment limitations; program report required.

71-212.
Early retirement incentive programs; establishment authorized; purposes; payment limitations; program report required.
(a) The board of trustees of any community college may establish an early retirement incentive program for the benefit of the employees of the community college for retirement of employees prior to the normal retirement age of 65 years. As used in this act, an "early retirement incentive program" is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. No payment pursuant to an early retirement incentive program as provided in this section shall be made prior to the retirement under the provisions of the Kansas public employees retirement system of any such employee of the community college.
(b) Commencing in the fiscal year that commenced in calendar year 2002 and every three years thereafter, each board that has established an early retirement incentive program shall prepare and submit a report to the state board of regents related to such early retirement incentive program. Such report shall contain: (1) Three years of budget data of such program, including actual costs, and a current year and future years' budget data for three to five years; (2) current costs and benefits of such program and projected costs and benefits of such program for three to five years; (3) current and projected number of participants in such program; and (4) such other information as required by the state board of regents. The state board of regents shall design and distribute forms to carry out the provisions of this act to the board of trustees of each community college that has established an early retirement incentive program. The state board of regents shall compile and prepare a summary report which shall be submitted to the joint committee on pensions, investments and benefits no later than January 1 of the year that follows the end of the fiscal year in which the reporting is required as provided in this subsection.
History:
L. 1981, ch. 267, § 1; L. 1994, ch. 293, § 5; L. 1996, ch. 266, § 3; L. 1999, ch. 171, § 1; L. 2002, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-213 Same; budget authorization.

71-213.
Same; budget authorization.
The board of trustees is hereby authorized to budget and expend such amounts for early retirement incentive programs as the board may deem to be necessary and desirable.
History:
L. 1981, ch. 267, § 2; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-214 Same; limitation on rights creation.

71-214.
Same; limitation on rights creation.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature.
History:
L. 1981, ch. 267, § 3; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-215 Evaluation of employees; definitions.

71-215.
Evaluation of employees; definitions.
As used in K.S.A. 71-216 through 71-218, and amendments thereto:
(a) "Board" means the board of trustees of a community college.
(b) "Employees" means all full-time employees of community colleges.
(c) "Full-time employees of community colleges" means instructional and administrative employees who are under contract for services to a community college for a term of not less than nine months and whose services to a community college are considered their principal employment.
(d) "School year" means the period from July 1 to June 30.
History:
L. 2006, ch. 45, § 3; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-216 Policy of personnel evaluation; adoption; forms; contents; time.

71-216.
Policy of personnel evaluation; adoption; forms; contents; time.
Each board shall adopt a written policy of personnel evaluation procedure in accordance with this act. Every policy so adopted shall:
(a) Be prescribed in writing at the time of original adoption and at all times thereafter when any amendments are adopted.
(b) Include evaluation procedures applicable to all employees.
(c) Provide that all evaluations are to be made in writing and that evaluation documents and responses thereto are to be maintained in a personnel file for each employee for a period of not less than three years from the date each evaluation is made.
(d) Except as provided herein, provide that every employee in the first two consecutive school years of employment shall be evaluated at least one time per semester. Any employee who is not employed for the entire semester shall not be required to be evaluated. During the third and fourth years of employment, every employee shall be evaluated at least one time each school year. After the fourth year of employment every employee shall be evaluated at least once in every three years.
History:
L. 2006, ch. 45, § 4; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-217 Same; evaluation policies; criteria; development; procedure; evaluation required prior to contract renewal.

71-217.
Same; evaluation policies; criteria; development; procedure; evaluation required prior to contract renewal.
Evaluation policies adopted under K.S.A. 71-216, and amendments thereto, shall meet the following guidelines or criteria:
(a) Consideration shall be given to the following employee attributes: Efficiency, personal qualities, professional deportment, ability, results and performance and such other matters as may be deemed material.
(b) Community attitudes toward, support for and expectations with regard to educational programs shall be reflected.
(c) The original policy and any amendments thereto shall be developed by the board in cooperation with the persons responsible for making evaluations and the persons who are to be evaluated, and, to the extent practicable, consideration shall be given to comment and suggestions from other community interests.
(d) Evaluations of the chief administrator employed by a board shall be made by the board. The board shall place primary responsibility upon members of the administrative staff in making evaluations of other employees.
(e) Persons to be evaluated shall participate in their evaluations, and shall be afforded the opportunity for self-evaluation.
(f) The contract of any person subject to evaluation shall not be nonrenewed on the basis of incompetence unless an evaluation of such person has been made prior to notice of nonrenewal of the contract and unless the evaluation is in substantial compliance with the board's policy of personnel evaluation procedure.
History:
L. 2006, ch. 45, § 5; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-218 Same; evaluation documents; presentation to employee; acknowledgment; limited availability.

71-218.
Same; evaluation documents; presentation to employee; acknowledgment; limited availability.
Whenever any evaluation is made of an employee, the written document thereof shall be presented to the employee, and the employee shall provide written acknowledgment of such presentation. At any time not later than two weeks after such presentation, the employee may respond thereto in writing. Except by order of a court of competent jurisdiction, evaluation documents and responses thereto shall be available only to the evaluated employee, the board, the appropriate administrative staff members designated by the board, the community college attorney upon request of the board, the board and the administrative staff of any community college to which such employee applies for employment, and other persons specified, in writing, by the employee to the employee's board.
History:
L. 2006, ch. 45, § 6; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 2 - Organization, Powers And Finances Of Boards Of Trustees › 71-221 Identification of courses that transfer to all state educational institutions; publication thereof.

71-221. Identification of courses that transfer to all state educational institutions; publication thereof.
The board of trustees of each community college shall identify those courses offered by such community college that transfer to all state educational institutions, as that term is defined in K.S.A. 76-711, and amendments thereto. All such courses shall be prominently identified on such community college's website and shall be accessible through a link on the state board of regent's website.
History:
L. 2019, ch. 41, § 1; July 1, 2020.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 3 - Out-district And Student Tuition › 71-301 Student tuition and fees; purpose and expenditure of fees charged.

71-301. Student tuition and fees; purpose and expenditure of fees charged.
(a) The board of trustees shall charge to and collect from each student tuition at rates per credit hour enrolled which shall be established by the board of trustees.
(b) In addition to tuition, the board of trustees may charge to and collect from each student fees at rates and for purposes established by the board of trustees. Any fee charged pursuant to this section shall be for a specific purpose, which shall be clearly stated on the community college's website. Any billing statements or other information provided to students regarding student fees shall guide students to such website address. Revenues from all fees shall only be expended for that purpose for which the fee is charged.
History:
L. 1965, ch. 417, § 16; L. 1968, ch. 211, § 11; L. 1970, ch. 287, § 1; L. 1971, ch. 235, § 1; L. 1972, ch. 270, § 1; L. 1973, ch. 274, § 2; L. 1975, ch. 361, § 1; L. 1976, ch. 300, § 1; L. 1978, ch. 278, § 1; L. 1980, ch. 208, § 4; L. 1980, ch. 209, § 1; L. 1981, ch. 270, § 1; L. 1982, ch. 282, § 1; L. 1984, ch. 257, § 1; L. 1985, ch. 234, § 1; L. 1986, ch. 256, § 4; L. 1988, ch. 273, § 1; L. 1988, ch. 274, § 1; L. 1990, ch. 252, § 2; L. 1990, ch. 66, § 47; L. 1993, ch. 265, § 8; L. 1995, ch. 207, § 1; L. 1996, ch. 152, § 1; L. 1998, ch. 176, § 2; L. 1999, ch. 147, § 28; L. 2001, ch. 83, § 2; L. 2019, ch. 41, § 3; July 1, 2020.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 4 - Residence Determination › 71-406 State residence; determination for state entitlements; rules and regulations.

71-406.
State residence; determination for state entitlements; rules and regulations.
(a) Subject to the provisions of K.S.A. 71-407, and amendments thereto, persons enrolling in a community college who, if adults, have not been, or if minors, whose parents have not been residents of the state of Kansas for at least six months prior to enrollment for any term or session are nonresidents of the state for the purpose of determining state entitlements.
(b) For the purpose of determining the residence of persons enrolling as a student in a community college, 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. The state board of regents may adopt rules and regulations governing the determination of residence of students.
History:
L. 1972, ch. 271, § 1; L. 1980, ch. 207, § 23; L. 1996, ch. 152, § 2; L. 1997, ch. 11, § 2; L. 1999, ch. 147, § 37; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 4 - Residence Determination › 71-407 Same; certain persons considered state residents; definitions; eligibility criteria.

71-407.
Same; certain persons considered state residents; definitions; eligibility criteria.
(a) The following persons, or any class or classes thereof, and their spouses and dependents, may be considered residents of the state of Kansas by the state board for the purpose of determining state entitlements of community colleges: (1) Persons who are in active military service of the United States; (2) persons who are domiciliary residents of the state, who were in active military service prior to becoming domiciliary residents of the state, who were present in the state for a period of not less than two years during their tenure in active military service, whose domiciliary residence was established in the state within 30 days of discharge or retirement from active military service under honorable conditions, but whose domiciliary residence was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto; (3) persons who are employees of a community college; (4) persons having special domestic relations circumstances; (5) persons who have lost their resident status within six months of enrollment; (6) persons who are not domiciliary residents of the state, who have graduated from a high school accredited by the state board of education within six months of enrollment at a community college, who were domiciliary residents of the state at the time of graduation from high school or within 12 months prior to graduation from high school, and who are entitled to admission at a state educational institution pursuant to K.S.A. 72-116, and amendments thereto; and (7) persons who are domiciliary residents of the state, whose domiciliary residence was established in the state for the purpose of accepting, upon recruitment by an employer, or retaining, upon transfer required by an employer, a position of full-time employment at a place of employment in Kansas, but the domiciliary residence of whom was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto.
(b) As used in this section:
(1) "Domiciliary resident" means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence.
(2) "Full-time employment" means employment requiring at least 1,500 hours of work per year.
(c) The state board shall prescribe criteria and guidelines for determination of the eligibility of persons specified in subsection (a) to be considered residents of the state and shall specify the evidence necessary to be submitted by such persons as proof of eligibility. Evidence submitted by a person as proof of eligibility claimed under subsection (a)(7) must include, but not by way of limitation, certification of the claim by the employer of the person.
History:
L. 1997, ch. 11, § 3; L. 1999, ch. 147, § 38; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 5 - Capital Outlay › 71-501a Capital outlay fund; establishment; sources.

71-501a.
Capital outlay fund; establishment; sources.
There is hereby established in every community college of the state a fund which shall be called the capital outlay fund, which fund shall consist of all moneys deposited therein in accordance with law. The proceeds of any tax levied under K.S.A. 71-501, and amendments thereto, shall be deposited in the capital outlay fund of the community college making such levy. Any proceeds derived from the sale of oil or gas or other minerals by a community college may be deposited in the capital outlay fund of the community college. To the extent that any other statute conflicts with this section, this section shall control.
History:
L. 1977, ch. 232, § 2; L. 1980, ch. 211, § 1; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 5 - Capital Outlay › 71-502 Bonds in lieu of capital outlay levy; limitations.

71-502.
Bonds in lieu of capital outlay levy; limitations.
(a) Any moneys in the capital outlay fund of any community college district and any moneys received from issuance of bonds under this section may be used for the purposes specified in K.S.A. 71-501, and amendments thereto. The board of trustees of any community college district which is unconditionally authorized to make a tax levy under authority of article 5 of chapter 71 of Kansas Statutes Annotated, in lieu of making all or part of such tax levy, may issue and sell general obligation bonds as now provided by law for the issuance of general obligation bonds for buildings by such board of trustees, except that such bonds shall be issued to mature in not more than five (5) years and except that no election shall be required. In the event that bonds are issued under authority of this section, the amount of such bonds which may be issued shall be determined as follows:
(1) The amount of such bonds shall not exceed the amount of the product which results from multiplying the remaining number of years provided in the resolution authorizing the capital outlay fund tax levy and adopted under K.S.A. 71-501, and amendments thereto, times the mill rate provided in said resolution times the assessed valuation of the taxable tangible property of the district at the time the bonds are issued, less the sum of all amounts specified in paragraphs (2) and (3) of this subsection.
(2) The maximum amount of bonds authorized by this section to be issued shall be reduced by all amounts which have been or will be received by such community college district from any tax levy made under authority of said resolution prior to the issuance of such bonds, and such maximum amount shall be further reduced by the estimated amount of interest to be paid on such bonds.
(3) The maximum amount of bonds authorized by this section to be issued shall be reduced by an amount equal to the amount of unpaid principal on bonds which have theretofore been issued under this section.
(b) Bonds issued under the authority conferred by this section by the board of trustees of any community college shall not be subject to or within any bonded debt limitation prescribed by law and, in determining the amount of bonded indebtedness of any such community college in applying any such bonded debt limitation, bonds issued under this section shall not be considered.
History:
L. 1969, ch. 343, § 1; L. 1972, ch. 268, § 1; L. 1977, ch. 232, § 3; L. 1979, ch. 214, § 2; L. 1980, ch. 207, § 26; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 5 - Capital Outlay › 71-507 Refraining from making authorized levy; effect.

71-507.
Refraining from making authorized levy; effect.
If any community college is unconditionally authorized to make a tax levy under authority of article 5 of chapter 71 of Kansas Statutes Annotated, but the board of trustees of the community college chooses, in any year, not to make the levy, or chooses to make a lesser levy than authorized, the board of trustees may do so. If the board of trustees of the community college refrains from making a levy in any one or more years or from making the full levy which it is authorized to make under K.S.A. 71-501, and amendments thereto, and the resolution adopted thereunder, the authority of the community college to make a tax levy under K.S.A. 71-501, and amendments thereto, shall not thereby be extended beyond the period of time specified in the resolution, nor shall the mill rate of the tax levy authorized for any succeeding year be increased thereby.
History:
L. 1986, ch. 258, § 2; May 15.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 5 - Capital Outlay › 71-508 Validity of prior tax levies and bonds not affected.

71-508.
Validity of prior tax levies and bonds not affected.
This act shall not in any manner be construed as affecting the validity of any tax levies authorized to be made under article 5 of chapter 71 of Kansas Statutes Annotated prior to the effective date of this act, nor shall this act in any manner be construed as affecting the validity of any bonds issued or authorized to be issued under article 5 of chapter 71 of Kansas Statutes Annotated prior to the effective date of this act.
History:
L. 1986, ch. 258, § 3; May 15.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-601 Definitions.

71-601. Definitions.
(a) "Credit hour" means the basic unit of collegiate level instruction, as determined by the state board, in a subject or course offered at a level not higher than those subjects or courses normally offered to freshmen and sophomores in four-year institutions of postsecondary education which subject or course is approved by the state board.
(b) The term "credit hour" does not include instruction in a subject or course taken by a student enrolled for audit or in any subject or course not approved by the state board.
(c) The state board shall determine whether the subjects and courses offered in the community colleges are at the level of freshmen and sophomore subjects and courses offered in the state educational institutions and shall not approve for funding any subject or course offered at a higher level.
History:
L. 1961, ch. 363, § 1; L. 1963, ch. 390, § 1; L. 1965, ch. 417, § 17; L. 1968, ch. 211, § 13; L. 1969, ch. 310, § 42; L. 1970, ch. 286, § 1; L. 1973, ch. 274, § 12; L. 1978, ch. 278, § 2; L. 1980, ch. 208, § 1; L. 1980, ch. 209, § 2; L. 1986, ch. 256, § 5; L. 1999, ch. 70, § 1; L. 1999, ch. 147, § 39; L. 2011, ch. 97, § 14; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-603 Certification to state board of credit hour enrollments and property valuations.

71-603.
Certification to state board of credit hour enrollments and property valuations.
(a) On or before November 1 and on or before March 1 of each year, the chief administrative officer of each community college shall certify under oath to the state board the total number of duly enrolled credit hours of students of the community college during the current session who meet the state residence requirement or who are considered residents of the state pursuant to the provisions of K.S.A. 71-407, and amendments thereto. Each November 1 and March 1, certification for payment shall set forth separately the credit hour enrollment for preceding sessions and for the current fall session. The state board may require the community college to furnish any additional information deemed necessary by it to carry out the provisions of this act, and shall prescribe such forms and policies as may be necessary for making such reports.
(b) In November of each year, the county clerk of each county shall certify to the state board with respect to each community college district in the county, the current assessed valuation of taxable tangible property within each such district. As used in this subsection, the term "taxable tangible property" means all real and tangible personal property which is subject to general ad valorem taxation.
History:
L. 1961, ch. 363, § 4; L. 1963, ch. 390, § 4; L. 1965, ch. 417, § 20; L. 1968, ch. 211, § 15; L. 1973, ch. 274, § 13; L. 1980, ch. 207, § 30; L. 1986, ch. 259, § 1; L. 1990, ch. 252, § 3; L. 1996, ch. 152, § 4; L. 1997, ch. 11, § 5; March 27.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-604 State aid; proration of insufficient appropriation; overpayments; underpayments.

71-604. State aid; proration of insufficient appropriation; overpayments; underpayments.
(a) If the amount of any appropriation for state aid is insufficient to pay in full the amount each community college is otherwise eligible to receive, the amount appropriated shall be prorated among all community colleges in proportion to the amount each is eligible to receive.
(b) If any community college is paid more than the amount it is eligible to receive, the state board shall notify the community college of the amount of the overpayment and the community college shall remit the same to the state board and the state board shall deposit the same in the state treasury to the credit of the general fund, and if any such community college fails to remit, the state board shall deduct the excess amount so paid from future payments becoming due to such community college.
(c) If any community college is paid less than the amount it is eligible to receive, the state board shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.
History:
L. 1961, ch. 363, § 5; L. 1963, ch. 390, § 5; L. 1965, ch. 417, § 21; L. 1968, ch. 211, § 16; L. 1972, ch. 265, § 2; L. 1973, ch. 274, § 8; L. 1978, ch. 278, § 4; L. 1978, ch. 280, § 2; L. 1979, ch. 216, § 1; L. 1979, ch. 217, § 2; L. 1980, ch. 207, § 31; L. 1986, ch. 259, § 2; L. 1999, ch. 147, § 42; L. 2011, ch. 97, § 15; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-605 Same; distribution, when; credit to general fund.

71-605.
Same; distribution, when; credit to general fund.
The distribution of the appropriation for state grants shall be made in substantially equal payments on August 1 and January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or on January 1, as the case may be, to each community college entitled to a state grant from such appropriation, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the community college for such amount. Upon receipt of the warrant, the treasurer of the community college shall credit the amount of the warrant to the general fund of the community college.
History: L. 1961, ch. 363, § 6; L. 1963, ch. 390, § 6; L. 1965, ch. 417, § 22; L. 1968, ch. 211, § 17; L. 1973, ch. 274, § 9; L. 1980, ch. 207, § 32; L. 1986, ch. 259, § 3; L. 1987, ch. 273, § 2; L. 1999, ch. 147, § 43; July 1, 2000.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-606 Curriculum limitation.

71-606.
Curriculum limitation.
The provisions of this act shall apply only to community colleges accredited by the state board whose collegiate credit curriculums are limited to a program of not more than two (2) years.
History:
L. 1961, ch. 363, § 7; L. 1963, ch. 390, § 7; L. 1965, ch. 417, § 23; L. 1968, ch. 211, § 18; L. 1980, ch. 207, § 33; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-609 Same; subjects and courses taught outside home county, certain authorizations required.

71-609. Same; subjects and courses taught outside home county, certain authorizations required.
(a) No amount of state funding shall be based upon enrollment in any subject or course the principal part of which is taught at a location outside the county of the main campus of the community college, unless the location of such subject or course is specifically authorized by the state board of regents.
(b) (1) No amount of state funding shall be based upon enrollment 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 teaching of such subject or course is specifically authorized by the chief executive officer of the state educational institution or by a designee of the chief executive officer. The chief executive officer of each state educational 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.
(2) For the purposes of this subsection, the term "main campus of a state educational institution" as applied to Kansas state university of agriculture and applied science means and includes the campus of the university located in Riley county and the campus of the university's college of technology located in Saline county.
History:
L. 1973, ch. 274, § 15; L. 1978, ch. 278, § 6; L. 1979, ch. 217, § 3; L. 1980, ch. 207, § 35; L. 1986, ch. 259, § 4; L. 1992, ch. 248, § 7; L. 1993, ch. 265, § 10; L. 1994, ch. 179, § 1; L. 1995, ch. 207, § 3; L. 1996, ch. 152, § 6; L. 1998, ch. 176, § 3; L. 1999, ch. 147, § 44; L. 2011, ch. 97, § 16; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-609a Same; disallowance for certain credit hours.

71-609a. Same; disallowance for certain credit hours.
No amount of the state operating grant of a community college shall be based upon any credit hour for which the community college is receiving or is eligible to receive postsecondary tiered technical education state aid.
History:
L. 1978, ch. 278, § 7; L. 1978, ch. 280, § 4; L. 1980, ch. 207, § 36; L. 1986, ch. 259, § 5; L. 1999, ch. 147, § 45; L. 2011, ch. 97, § 17; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-611 Definitions; operating expenses; legally adopted budget; general fund.

71-611.
Definitions; operating expenses; legally adopted budget; general fund.
(a) "Operating expenses" means the total expenditures and lawful transfers from the general fund of a community college during a fiscal year for all purposes.
(b) "Legally adopted budget of operating expenses" means the amount legally authorized and budgeted for operating expenses in the general fund of a community college.
(c) "General fund" means the fund of a community college from which operating expenses are paid and, subject to the provisions of K.S.A. 71-613a, and amendments thereto, to which all amounts of state entitlements, property taxes for general purposes, student tuition, and other moneys provided for by law are credited.
History:
L. 1973, ch. 274, § 16; L. 1975, ch. 362, § 1; L. 1975, ch. 361, § 3; L. 1980, ch. 207, § 38; L. 1986, ch. 259, § 6; L. 1987, ch. 265, § 1; L. 1996, ch. 152, § 7; L. 1999, ch. 147, § 47; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-612 Budget authority.

71-612.
Budget authority.
In any fiscal year, each community college may budget and expend for operating expenses any amount the board of trustees determines necessary to be budgeted therefor.
History:
L. 1973, ch. 274, § 17; L. 1974, ch. 278, § 2; L. 1975, ch. 361, § 4; L. 1976, ch. 300, § 2; L. 1977, ch. 234, § 1; L. 1978, ch. 282, § 1; L. 1979, ch. 217, § 4; L. 1980, ch. 207, § 39; L. 1980, ch. 209, § 4; L. 1981, ch. 270, § 3; L. 1986, ch. 259, § 7; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-614 General fund; transfer authorizations; operating expense; certain expenditures prohibited.

71-614. General fund; transfer authorizations; operating expense; certain expenditures prohibited.
Any lawful transfer of money from the general fund of a community college to the career technical education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund shall be an operating expense in the year the transfer is made. The board of trustees of any community college may transfer moneys from its general fund to its career technical education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund. Expenditures for career technical education, adult basic education, adult supplementary education and motorcycle driver safety shall not be made from the general fund of a community college.
History:
L. 1973, ch. 274, § 19; L. 1974, ch. 311, § 12; L. 1974, ch. 312, § 3; L. 1979, ch. 223, § 1; L. 1980, ch. 207, § 42; L. 1989, ch. 39, § 4; L. 2011, ch. 97, § 18; July 1.
2023 Kansas Statutes › Chapter 71 - Schools - Community Colleges › Article 6 - State Aid And Fiscal Provisions › 71-615 Exceeding budget; penalty.

71-615.
Exceeding budget; penalty.
If a community college expends in any fiscal year an amount for operating expenses which exceeds its legally adopted budget of operating expenses, the state board of regents shall determine the excess and deduct the same from amounts payable to the community college during the next fiscal year.
History:
L. 1973, ch. 274, § 20; L. 1980, ch. 207, § 43; L. 1981, ch. 270, § 4; L. 1999, ch. 147, § 50; July 1.