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76-721. Authority to contract; contracts with controlled corporations to have certain provisions; contracts subject to K.S.A. 75-3711b. The board of regents, or any state educational institution with the approval of the board of regents, may enter into contracts with any party or parties including any agency of the United States or any state or any subdivision of any state or with any person, partnership or corporation if the purpose of such contract is related to the operation or function of such board or institution. If such contract is with a corporation whose operations are substantially controlled by the board or any state educational institution, such contract shall provide that the books and records of such corporation shall be public records and shall require an annual audit by an independent certified public accountant to be furnished to the board of regents. All contracts of state educational institutions shall be subject to the provisions of K.S.A. 75-3711b, and amendments thereto.

History: L. 1970, ch. 371, § 11; L. 1977, ch. 237, § 36; L. 1979, ch. 289, § 4; L. 2003, ch. 114, § 5; L. 2021, ch. 36, § 3; July 1.

Revisor's Note:

Section was also amended by L. 2021, ch. 57, § 3, but that version was repealed by L. 2021, ch. 113, § 9.

Cross References to Related Sections:

Legislative division of post audit, see chapter 46, article 11.

Contracts for certain research projects, reimbursements, see 76-739, 76-740.

Attorney General's Opinions:

Public access to books and records of Kansas university athletic corporation. 80-118.

KOMA; application to Kansas university endowment association. 80-239.

Application of public records law to books and records of Wichita state university endowment association. 82-172.

CASE ANNOTATIONS

1. University could not delegate responsibilities to a corporate entity, control its agents and then disclaim liability; statute directive. Brown v. Wichita State University, 217 Kan.279, 280, 285, 286, 289, 290, 302, 540 P.2d 66; 217 Kan.661, 663, 666, 538 P.2d 713. Affirmed: 219 Kan.2, 4, 547 P.2d 1015.

2. Kansas state university's substantial control of athletic council's operations favored court's finding of athletic council to be an arm of the state. Kansas State University v. Prince, 673 F. Supp.2d 1287 (D. Kan. 2009).


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