An Act concerning municipalities; relating to certain powers and duties thereof; amending K.S.A. 10-1116c and 71-201 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The board of education of any school district may enter into contracts with the governing authority of any nonpublic school or any child-care institution for the provision of meals for children in attendance at such nonpublic school or child-care institution. Any such contract shall provide for payment by the nonpublic school or child-care institution of the costs incurred by the school district. Moneys received by a school district under any contract entered into pursuant to the pro- visions of this section shall be deposited in the food service fund of the district and may be expended whether budgeted or not.
(b) The provisions contained in article 51 of chapter 72 of Kansas Statutes Annotated, except the provisions contained in K.S.A. 72-5117 and 72-5118, and amendments thereto, shall apply to meals provided by the board of education of a school district under any contract entered into pursuant to the provisions of this section.
(c) As used in this section, the term ``nonpublic school'' means a non- public school approved by the state board of education for participation in food service programs defined in K.S.A. 72-5112, and amendments thereto, and the term ``child-care institution'' has the meaning ascribed thereto in K.S.A. 72-5124, and amendments thereto.
Sec. 2. K.S.A. 10-1116c is hereby amended to read as follows: 10- 1116c. Any lease-purchase agreement entered into pursuant to this act shall be subject to the following conditions:
(a) If the proposed agreement is for a term exceeding the current fiscal year of the municipality, it shall be approved by a majority vote of all members of the governing body.
(b) If the proposed agreement involves the acquisition of land
or buildings by a municipality other than a county, school
district or com- munity college, is for a term of three or more
years, and provides for payments in any year in excess of 3% of the
total amount budgeted by the municipality for expenditure during
the current year, excluding debt service, a notice thereof
specifying the purpose and the total of all pay- ments shall be
published once each week for two consecutive weeks in a newspaper
of general circulation
with within such
municipality. If, within 30 days following the last publication of
such notice, a petition in oppo- sition to the agreement signed by
not less than 5% of the qualified voters of such municipality is
filed with the appropriate county election officer, no such
agreement shall take effect unless and until the same is approved
by a majority of the qualified voters of such municipality voting
at an election thereon. Any such election shall be called and held
in accordance with the provisions of K.S.A. 10-120, and amendments
thereto, or in accordance with the provisions of the mail ballot
(c) If the municipality is a county, school district or community col- lege and the proposed agreement involves the acquisition of land or build- ings, is for a term exceeding the current fiscal year of the municipality, and provides for annual payments which in the aggregate exceed $100,000, the governing body of such municipality first shall adopt a resolution stating its intent to enter into such lease-purchase agreement. The resolution shall specify the total of all payments to be made pursuant to the agreement and the purpose for which such agreement is to be entered into. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation within the mu- nicipality. If a protest petition signed by not less than 5% of the qualified voters of the municipality, as determined by the vote for secretary of state at the last general election, is filed with the appropriate county election officer within 30 days following the last publication of the resolution, no such agreement shall take effect unless approved by a majority of the qualified voters of the municipality voting at an election thereon. Any such election shall be called and held in the manner provided by K.S.A. 10-120, and amendments thereto, or in accordance with the provisions of the mail ballot election act. If no such protest petition is filed within the time limitation contained herein, the governing body of the municipality may enter into such agreement. If an election is held pursuant to a protest petition and a majority vote is cast in favor of the proposition, the gov- erning body of the municipality shall have authority to enter into such agreement.
(c) (d) If the proposed agreement is for
a term exceeding the current fiscal year of the municipality, the
agreement shall specify the following: (1) The amount or capital
cost required to purchase the item if paid for by cash, (2) the
annual average effective interest cost, and (3) the amount included
in the payments for service, maintenance, insurance or other
charges exclusive of the capital cost and interest cost.
Sec. 3. K.S.A. 71-201 is hereby amended to read as follows: 71-201. (a) The board of trustees, in accordance with the provisions of law and the rules and regulations of the state board of education, shall have cus- tody of and be responsible for the property of the community college and shall be responsible for the management and control of the college. The board of trustees shall hold at least one regular meeting each month at a time prescribed by the board. The board shall make an annual report in the manner prescribed by the state board of education. Members of the board of trustees shall be paid subsistence allowances, mileage and other actual and necessary expenses incurred in the performance of their official duties.
(b) For effectuation of the purposes of this act, the board of trustees in addition to such other powers expressly granted to it by law and subject to the rules and regulations of the state board of education is hereby granted the following powers:
(1) To select its own chairperson and such other officers as it may deem desirable, from among its own membership. The secretary may be chief administrative officer of the college.
(2) To sue and be sued.
(3) To determine the educational program of the college subject to prior approval thereof as provided in this act and to grant certificates of completion of courses or curriculum.
(4) To appoint and fix the compensation and term of office of a pres- ident or chief administrative officer of the college.
(5) To appoint upon nomination of the president or the chief admin- istrative officer members of the administrative and teaching staffs, to fix and determine within state adopted standards their specifications, define their duties, and to fix their compensation and terms of employment. No community college teacher shall be required to meet certification requirements greater than those required in the state universities under the control and supervision of the state board of regents.
(6) Upon recommendation of the chief administrative officer, to ap- point or employ such other officers of the college, agents and employees as may be required to carry out the provisions of law and to fix and determine within state adopted standards their qualifications, duties, compensation, terms of office or employment and all other items and conditions of employment.
(7) To enter into contracts.
(8) To accept from any government or governmental agency, or from any other public or private body, or from any other source, grants or contributions of money or property which the board may use for or in aid of any of its purposes.
(9) To acquire by gift, purchase, lease-purchase,
condemnation or otherwise, and to own, lease, use and operate
property, whether real, personal, or mixed, or any interest
therein, which is necessary or desirable for community college
purposes. Any lease-purchase agreement entered into under
authority of this subsection shall be subject to the conditions set
forth in K.S.A. 10-1116c, and amendments thereto. The term of
any lease entered into under authority of this subsection may be
for not to exceed 10 years. Such lease may provide for annual or
other payment of rent or rental fees and may obligate the community
college to payment of maintenance or other expenses. Any lease
or lease-purchase agreement entered into under authority of
this subsection shall be subject to change or termination at any
time by the legislature. Any assignment of rights in any lease
or lease-purchase made under this
subsection shall contain a citation of this section and a
recitation that the lease or lease-purchase agreement and
assignment thereof are subject to change or termination by the
legislature. To the extent that the provisions of the
cash-basis and budget laws shall not apply to any lease
made under authority of this subsection conflict with
this subsection in such a manner as to prevent the intention of
this act subsection from being made
effective, the pro- visions of this subsection shall
control. This provision is subject to the provisions of
(10) To enter into lease agreements as lessor of any property, whether real, personal, or mixed, which is owned or controlled by the community college. Any such agreement may specify the purposes for which the property may be used, require that the property be maintained and op- erated by the lessee, and may contain such restrictions or limitations on the use of the property, be entered into for such period of time, and include such other terms and conditions as the board of trustees deter- mines to be necessary and proper. Every such agreement shall be subject to change or termination at any time by the legislature. Any assignment of rights under any such agreement shall be subject to approval by the board of trustees and shall contain a citation of this section and a recitation that the lease agreement and assignment of rights thereunder are subject to change or termination by the legislature.
(11) To determine that any property owned by the college is no longer necessary for college purposes and to dispose of the same in such manner and upon such terms and conditions as provided by law.
(12) To exercise the right of eminent domain, pursuant to chapter 26 of Kansas Statutes Annotated.
(13) To make and promulgate such rules and regulations, not incon- sistent with the provisions of law or with rules and regulations of the state board of education, that are necessary and proper for the administration and operation of the community college, and for the conduct of the busi- ness of the board of trustees.
(14) To exercise all other powers not inconsistent with the provisions of law or with the rules and regulations of the state board of education which may be reasonably necessary or incidental to the establishment, maintenance and operation of a community college.
(15) To appoint a member to fill any vacancy on the board of trustees for the balance of the unexpired term. When a vacancy occurs, the board shall publish a notice one time in a newspaper having general circulation in the community college district stating that the vacancy has occurred and that it will be filled by appointment by the board not sooner than 15 days after such publication.
(16) To contract with one or more agencies, either public or private, whether located within or outside the community college district or whether located within or outside the state of Kansas for the conduct by any such agencies of academic or vocational education for students of the community college, and to provide for the payment to any such agencies for their contracted educational services from any funds or moneys of the community college, including funds or moneys received from student tuition, out-district tuition, fees, funds received from the state of Kansas or the United States for academic or vocational education or taxes col- lected under K.S.A. 71-204 and 72-4424, and amendments thereto. Any contract made under this subsection with an institution of another state shall be subject to the provisions of K.S.A. 71-202, and amendments thereto.
(17) To authorize by resolution the establishment of a petty cash fund in an amount not to exceed $1,000, and to designate in such resolution an employee to maintain such petty cash fund. The employee designated in any resolution provided for in this subsection receiving such funds shall keep a record of all receipts and expenditures from the fund, and shall from time to time, and at the end of the fiscal year, prepare a statement for the board showing all receipts, expenditures, and the balance in the petty cash fund. The board of trustees may authorize the employee des- ignated to maintain any petty cash fund to make a claim for replenishment of the fund to its original amount in advance of approval by the board of trustees if, at any time during the period between regular monthly meet- ings of the board of trustees, the balance remaining in the fund is insuf- ficient to make needed expenditures for any purpose for which the petty cash fund is maintained. No petty cash fund may be replenished more than one time during each period between regular monthly meetings of the board of trustees. If a petty cash fund is replenished prior to the end of the fiscal year in accordance with the foregoing authorization, the em- ployee authorized to maintain the petty cash fund shall keep an accurate record of all expenditures made therefrom, and the purpose therefor, and shall submit the record to the board of trustees at the next regular monthly meeting thereof. The petty cash fund shall be replenished by payment from the appropriate funds of the community college to the petty cash fund upon proper claim. The fund shall be kept separate from all other funds and shall be used only for authorized expenditures and itemized receipts shall be taken for each expenditure. No part of such fund may be loaned or advanced against the salary of an employee. All employees entrusted with such funds under this subsection shall be bonded by the community college district.
(c) Subject to the provisions of subsection (d), the board of trustees may purchase or otherwise acquire land or land and improvements and may acquire, construct, reconstruct, repair or remodel improvements thereon or additions thereto, including furnishings, equipment, and ar- chitectural and incidental expense related thereto, and for such purposes the board of trustees is authorized to issue and sell general obligation bonds, the cumulative total not to exceed the following amounts: Where the community college district has a taxable tangible valuation of less than $90,000,000 or is located in a county designated as urban under the pro- visions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of the taxable tangible property of the community college district, and where the community college district has a taxable tangible valuation of more than $90,000,000 not to exceed 3% except as provided above for any community college district located in a county designated as urban under the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable tangible property of the community college district. If any increase in the valuation of a community college district results in an outstanding bonded indebtedness in excess of that provided in this subsection, such increase shall not constitute a violation of this subsection. No such bonds shall be issued until the question of their issuance shall have been submitted to a vote of the electors of the community college district at a regular election or at a special election called for that purpose and the majority of the electors voting on the proposition in such community college district shall have voted in favor of the issuance of the bonds. Such election shall be called, noticed and held and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided.
(d) The board of trustees of a community college may not purchase or otherwise acquire land or land and improvements outside the com- munity college district. Nothing in this subsection shall be construed or operate in any manner to require a board of trustees to sell, convey or otherwise dispose of land or land and improvements located outside the community college district and owned or being acquired by the com- munity college on the effective date of this act, but no board of trustees may enter into a contract for the construction of improvements on any such land after the effective date of this act.
Sec. 4. K.S.A. 10-1116c and 71-201 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.
Approved May 17, 1996.