�鶹ӰԺ

CHAPTER 13

Senate Bill No. 481

An Act concerning �鶹ӰԺ state university; renaming �鶹ӰԺ state university polytechnic campus as �鶹ӰԺ state university Salina; amending K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751, 76-754, 76-756 and 76-7,126 and repealing the existing sections.

Be it enacted by the Legislature of the State of �鶹ӰԺ:

Section 1. K.S.A. 74-3209 is hereby amended to read as follows: 74-3209. As used in this act:

(a) “Institution” means the university of �鶹ӰԺ, university of �鶹ӰԺ medical center, �鶹ӰԺ state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university and �鶹ӰԺ state university polytechnic campus Salina;

(b) “governing authority” means the state board of regents or the chief executive officer of an institution if such officer has been designated by the state board to act on its behalf in exercising the authority of the board to care for, control, maintain and supervise all roads, streets, driveways and parking facilities for vehicles on the grounds of the institution; and

(c) “vehicle” means motor vehicle, motorized bicycle and bicycle.

Sec. 2. K.S.A. 76-156a is hereby amended to read as follows: 76-156a. The �鶹ӰԺ university endowment association is hereby authorized to act as the investing agent for any endowment or bequest to the university of �鶹ӰԺ. The �鶹ӰԺ state university foundation is hereby authorized to act as the investing agent for any endowment or bequest to �鶹ӰԺ state university of agriculture and applied science or to �鶹ӰԺ state university polytechnic campus Salina. The Wichita state university foundation is hereby authorized to act as the investing agent for any endowment or bequest to Wichita state university. The Fort Hays state university foundation is hereby authorized to act as the investing agent for any endowment or bequest to Fort Hays state university. The Emporia state university foundation, inc., is hereby authorized to act as the investing agent for any endowment or bequest to Emporia state university. The Pittsburg state university foundation, inc., is hereby authorized to act as the investing agent for any endowment or bequest to Pittsburg state university.

Any such investing agent may exercise such fiscal management and administrative powers as may be necessary or appropriate for the lawful and efficient management of any such endowment or bequest. Each investing agent is hereby authorized to execute any agreements or other legal papers appropriate to the accomplishment of the purposes of this act with respect to any such endowment or bequest.

Sec. 3. K.S.A. 76-205 is hereby amended to read as follows: 76-205. (a) The �鶹ӰԺ state university polytechnic campus, previously known as the �鶹ӰԺ college of technology hereby is merged with and made a part of prior to the merger with the �鶹ӰԺ state university of agriculture and applied science, and the institutional infrastructure of the college hereby is designated as the �鶹ӰԺ state university polytechnic campus is hereby renamed �鶹ӰԺ state university Salina. All properties, moneys, appropriations, rights and authorities vested in the �鶹ӰԺ college of technology prior to the effective date of this act hereby are vested in �鶹ӰԺ state university of agriculture and applied science. Whenever the �鶹ӰԺ technical institute, or the �鶹ӰԺ college of technology, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the �鶹ӰԺ state university of agriculture and applied science Whenever �鶹ӰԺ state university polytechnic campus, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to �鶹ӰԺ state university Salina.

(b) Commencing in fiscal year 2025, �鶹ӰԺ state university Salina shall be considered a separate line item and state general fund account in the budget documents and bills concerning �鶹ӰԺ state university. The merger effected by this act shall not affect any contract, agreement or assurance in effect on the effective date of this act. All lawful debts of the �鶹ӰԺ college of technology shall be assumed and paid by the �鶹ӰԺ state university of agriculture and applied science.

(c) Subject to authorization by the state board of regents, all personnel of the �鶹ӰԺ college of technology, who are necessary, in the opinion of the president of �鶹ӰԺ state university of agriculture and applied science, to the operation of the �鶹ӰԺ state university polytechnic campus, shall become personnel of �鶹ӰԺ state university of agriculture and applied science. All such personnel shall retain all retirement benefits and all rights of employment which had accrued to or vested in such personnel prior to the merger effected by this act. The employment of such personnel shall be deemed to have been uninterrupted.

(d) (1) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the �鶹ӰԺ college of technology, or by or against any personnel of the �鶹ӰԺ college of technology, shall abate by reason of the merger effected by operation of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the �鶹ӰԺ state university of agriculture and applied science.

(2) No criminal action commenced or which could have been commenced by the �鶹ӰԺ college of technology shall abate by the taking effect of this act.

(e) Commencing with the 1992 fiscal year, for the purpose of preparation of the governor’s budget report and related legislative measure or measures for submission to the legislature, the �鶹ӰԺ state university polytechnic campus shall be considered a separate state agency and shall be titled for such purpose as the “�鶹ӰԺ State University Polytechnic Campus.” The budget estimates and requests of such college shall be presented as a state agency separate from �鶹ӰԺ state university, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.

Sec. 4. K.S.A. 76-213 is hereby amended to read as follows: 76-213. (a) The state board of regents has and may exercise the following powers and authority:

(1) To determine the programs of technical education and other programs which shall be offered and the certificates of completion of courses or curriculum and degrees which may be granted by the �鶹ӰԺ state university polytechnic campus Salina;

(2) to acquire any land and buildings formerly comprising any part of what is commonly known as Schilling air force base, Salina, �鶹ӰԺ, by gift, purchase, lease, contract, or otherwise, from the United States government or any of its agencies or from the city of Salina or any of its agencies and to grant such assurances as may be appropriate to the acquisition and utilization of any such land and buildings;

(3) to use the proceeds of the retailers’ sales tax levied by the city of Salina for purposes benefiting the �鶹ӰԺ state university polytechnic campus Salina, which purposes shall include, but not by way of limitation, site preparation, buildings, campus improvements, equipment, and the financing of capital improvements; and

(4) to do all things necessary and appropriate to effectuate the orderly and timely merger of the �鶹ӰԺ college of technology with the �鶹ӰԺ state university of agriculture and applied science.

(b) As used in this section, the term “technical education” means vocational or technical education and training or retraining which is given at �鶹ӰԺ state university polytechnic campus, and which is conducted as a program of education designed to educate and train individuals as technicians in recognized fields Salina. Programs of technical education include, but not by way of limitation, aeronautical technology inclusive of professional pilot training, construction technology, drafting and design technology, electrical technology, electronic technology, mechanical technology, automatic data processing and computer technology, industrial technology, metals technology, safety technology, tool design technology, cost control technology, surveying technology, industrial production technology, sales service technology, industrial writing technology, communications technology, chemical control technology, quality control technology and such additional programs of technical education which may be specified from time to time by the board of regents are not limited to, programs that advance the aerospace, technology and advanced manufacturing industries of the state.

Sec. 5. K.S.A. 76-218 is hereby amended to read as follows: 76-218. Within the limits of appropriations therefor, �鶹ӰԺ state university of agriculture and applied science may purchase insurance for operation and testing of completed project aircraft and for operation of aircraft used in professional pilot training used in education, training and research. The insurance may include public liability, physical damage, medical payments and voluntary settlement coverages.

Sec. 6. K.S.A. 76-751 is hereby amended to read as follows: 76-751. As used in this act, “state educational institution” means Fort Hays state university, �鶹ӰԺ state university of agriculture and applied science, �鶹ӰԺ state university veterinary medical center, Emporia state university, Pittsburg state university, university of �鶹ӰԺ, university of �鶹ӰԺ medical center, Wichita state university, and �鶹ӰԺ state university polytechnic campus Salina.

Sec. 7. K.S.A. 76-754 is hereby amended to read as follows: 76-754. As used in this act, “state educational institution” means Fort Hays state university, �鶹ӰԺ state university of agriculture and applied science, �鶹ӰԺ state university veterinary medical center, Emporia state university, Pittsburg state university, university of �鶹ӰԺ, university of �鶹ӰԺ medical center, Wichita state university, and �鶹ӰԺ state university polytechnic campus Salina.

Sec. 8. K.S.A. 76-756 is hereby amended to read as follows: 76-756. As used in this act:

(a) “State educational institution” means Fort Hays state university, �鶹ӰԺ state university of agriculture and applied science, �鶹ӰԺ state university veterinary medical center, Emporia state university, Pittsburg state university, university of �鶹ӰԺ, university of �鶹ӰԺ medical center, Wichita state university and �鶹ӰԺ state university polytechnic campus Salina.

(b) “Endowment association” means:

(1) For the Fort Hays state university, the Fort Hays state university foundation;

(2) for the �鶹ӰԺ state university of agriculture and applied science, the �鶹ӰԺ state university veterinary medical center, and the �鶹ӰԺ state university polytechnic campus Salina, the �鶹ӰԺ state university foundation;

(3) for the Emporia state university, the Emporia state university foundation;

(4) for the Pittsburg state university, the Pittsburg state university foundation;

(5) for the university of �鶹ӰԺ and the university of �鶹ӰԺ medical center, the �鶹ӰԺ university endowment association; and

(6) for the Wichita state university, the Wichita state university board of trustees and the Wichita state university foundation.

Sec. 9. K.S.A. 76-7,126 is hereby amended to read as follows: 76-7,126. As used in this act, unless the context expressly provides otherwise:

(a) “State educational institution” or “institution” means Fort Hays state university, �鶹ӰԺ state university of agriculture and applied science, �鶹ӰԺ state university veterinary medical center, Emporia state university, Pittsburg state university, university of �鶹ӰԺ, university of �鶹ӰԺ medical center, Wichita state university and �鶹ӰԺ state university polytechnic campus Salina.

(b) “Alternative project delivery” means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor team is selected based on a qualifications and best value approach.

(c) “Ancillary technical services” include, but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the institution to be required for the project.

(d) “Architectural services” means those services described as the “practice of architecture,” as defined in K.S.A. 74-7003, and amendments thereto.

(e) “Best value selection” means a selection based upon project cost, qualifications and other factors.

(f) (1) “Building construction” means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure.

(2) “Building construction” does not include highways, roads, bridges, dams, turnpikes or related structures or stand-alone parking lots.

(g) “Construction project services” means the process of planning, acquiring, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding highways, roads, bridges, dams, turnpikes or related structures or stand-alone parking lots.

(h) “Construction management at-risk services” means the services provided by a firm which has entered into a contract with the institution to be the construction manager or general contractor for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor, and which is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. Construction management at-risk services may include, but are not limited to scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees and construction coordination.

(i) “Construction management at-risk contract” means a contract under which an institution acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement.

(j) “Construction manager or general contractor” means any individual, partnership, joint venture, corporation, or other legal entity who is a member of the integrated project team with the institution, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price.

(k) “Design criteria consultant” means a person, corporation, partnership, or other legal entity duly registered and authorized to practice architecture or professional engineering in this state pursuant to K.S.A. 74-7003, and amendments thereto, and who is employed by contract to the institution to provide professional design and administrative services in connection with the preparation of the design criteria package.

(l) “Engineering services” means those services described as the “practice of engineering,” as defined in K.S.A. 74-7003, and amendments thereto.

(m) “Guaranteed maximum price” means the cost of the work as defined in the contract.

(n) “Non-state moneys” means any funds received by a state educational institution from any source other than the state of �鶹ӰԺ or any agency thereof.

(o) “Parking lot” means a designated area constructed on the ground surface for parking motor vehicles. A parking lot included as part of a building construction project shall be subject to the provisions of this act. A parking lot designed and constructed as a stand-alone project shall not be subject to the provisions of this act.

(p) “Preconstruction services” means a series of services including, but not limited to: Design review, scheduling, cost control, value engineering, constructability evaluation and preparation and coordination of bid packages.

(q) (1) “Construction project” or “project” means the process of designing, constructing, reconstructing, altering or renovating a building or other structure.

(2) “Construction project” or “project” does not mean the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structure.

(r) “Procurement committee” means the state educational institution procurement committee established by K.S.A. 76-7,131, and amendments thereto.

(s) “State board” means the state board of regents.

Sec. 10. K.S.A. 74-3209, 76-156a, 76-205, 76-213, 76-218, 76-751, 76-754, 76-756 and 76-7,126 are hereby repealed.

Sec. 11. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 2024.