76-723.
Federal funds; application for, receipt, deposit and expenditure.
The board of regents, or any state educational institution with the approval of the board of regents, may make and file applications for federal funds appropriated and made available by federal law for purposes related to the operation or function of such board or institution. The board of regents, or any state educational institution with the approval of the board of regents, may receive from the federal government, or any of its agencies, any funds made available under existing law, rules or regulations, or that may hereafter be made available. The board of regents, or any state educational institution with the approval of the board of regents, may expend the same in accordance with the law, and the rules, regulations and requirements under which such funds are made available. Such moneys shall be expended only in accordance with and for the purposes specified in federal law. Federal funds shall be deposited in the state treasury.
History:
L. 1970, ch. 371, § 13; L. 1977, ch. 237, § 38; April 21.
Notes of Decisions
Innes v. Kansas State Univ., 184 F.3d 1275 (10th Cir. 1999).
· cites it 5× “KSU further argues that a state may waive its immunity only by express statements or overwhelming implication in a state statute or constitution, and that, therefore, it is impermissible to read the Kansas legislation, the contract, and the federal regulation in concert in order…”
Janc v. Coordinating Bd. for Higher Educ. (In Re Janc), 251 B.R. 525 (Bankr. W.D. Mo. 2000).
“The court found that KSU’s enabling statute, Kan.Stat. Ann. § 76-723, which gave it authority to enter into contracts with DOE to participate in student loan programs, conferred upon KSU the power to waive Eleventh Amendment immunity.”
Innes v. Kansas State Univ. (In Re Innes), 207 B.R. 953 (Bankr. D. Kan. 1997).
“The board of regents, or any state educational institution with the approval of the board of regents, may receive from the federal government, or any of its agencies, any funds made available under existing law, rules or regulations, or that may hereafter be made available.”
Snyder v. Nebraska (In Re Snyder), 228 B.R. 712 (Bankr. D. Neb. 1998).
“K.S.A. § 76-723. The court concluded that the state had indicated its unequivocal consent to federal jurisdiction because of its express legislative authorization to be bound by a specific set of federal regulations.”
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