2006 Legislation
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HOUSE BILL NO. 740 – Community college system

HOUSE BILL NO. 740

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H0740..........................................................by EDUCATION
COMMUNITY COLLEGES - Adds to, repeals and amends existing law to establish
a statewide community college system; and to provide for an election by the
voters of the North Idaho College and the College of Southern Idaho
districts on whether they want to join the system or keep their existing
districts and continue levying a property tax.
                                                                        
02/27    House intro - 1st rdg - to printing
02/28    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 740
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2101, IDAHO CODE, TO  PRO-
  3        VIDE FOR FIVE COMMUNITY COLLEGE AREAS IN THE STATE, TO SPECIFY COUNTIES IN
  4        THE  AREAS  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2102,
  5        IDAHO CODE, TO PROVIDE FOR A STATE  COMMUNITY  COLLEGE  SYSTEM;  REPEALING
  6        SECTION  33-2103,  IDAHO  CODE, RELATING TO MINIMUM REQUIREMENTS TO FORM A
  7        JUNIOR COLLEGE DISTRICT, REPEALING SECTION 33-2104, IDAHO  CODE,  RELATING
  8        TO FORMATION OF JUNIOR COLLEGE DISTRICTS, REPEALING SECTION 33-2105, IDAHO
  9        CODE,  RELATING  TO  ADDITION  OF  TERRITORY  TO JUNIOR COLLEGE DISTRICTS,
 10        REPEALING SECTION 33-2107A, IDAHO  CODE,  RELATING  TO  ESTABLISHMENT  AND
 11        OPERATION  OF  THIRD  AND FOURTH YEAR COLLEGE CURRICULUM IN JUNIOR COLLEGE
 12        DISTRICTS, REPEALING SECTION 33-2107B, IDAHO CODE, RELATING TO  POWERS  OF
 13        DISTRICTS  AND REPEALING SECTION 33-2107C, IDAHO CODE, RELATING TO DEFINI-
 14        TION OF URBAN AREA DISTRICTS EMPOWERED TO CREATE UPPER DIVISIONS; AMENDING
 15        CHAPTER 21, TITLE 33, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 16        33-2103,  IDAHO CODE, TO CONFIRM NORTH IDAHO COLLEGE AND COLLEGE OF SOUTH-
 17        ERN IDAHO AND TO CREATE THE COMMUNITY   COLLEGE  DIVISION  OF  LEWIS-CLARK
 18        STATE  COLLEGE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION
 19        OF A NEW SECTION 33-2104, IDAHO CODE, TO  RECOGNIZE  AND  CONFIRM  EASTERN
 20        IDAHO COMMUNITY COLLEGE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE
 21        ADDITION  OF  A NEW SECTION 33-2105, IDAHO CODE, TO ESTABLISH SOUTHWESTERN
 22        IDAHO COMMUNITY COLLEGE; AMENDING SECTION 33-2106, IDAHO CODE, TO  PROVIDE
 23        FOR  TRUSTEES  OF  COMMUNITY COLLEGES THAT LEVY A PROPERTY TAX AND TO MAKE
 24        TECHNICAL CORRECTIONS; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE,  BY  THE
 25        ADDITION OF A NEW SECTION 33-2106A, IDAHO CODE, TO PROVIDE FOR AN ELECTION
 26        FOR  CONTINUATION OF PROPERTY TAX LEVIES WITHIN THE COMMUNITY COLLEGE DIS-
 27        TRICTS FOR NORTH IDAHO COLLEGE AND COLLEGE  OF  SOUTHERN  IDAHO;  AMENDING
 28        SECTION  33-2107,  IDAHO CODE, TO PROVIDE GENERAL POWERS AND DUTIES OF THE
 29        BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE THAT IS AUTHORIZED TO  LEVY  A
 30        PROPERTY TAX AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 21, TITLE
 31        33,  IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2107A, IDAHO CODE, TO
 32        PROVIDE FOR APPOINTMENT OF A BOARD OF TRUSTEES OF COMMUNITY  COLLEGES  NOT
 33        AUTHORIZED  TO  LEVY  A PROPERTY TAX; AMENDING CHAPTER 21, TITLE 33, IDAHO
 34        CODE, BY THE ADDITION OF A NEW SECTION 33-2107B, IDAHO  CODE,  TO  PROVIDE
 35        GENERAL  POWERS  OF THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE THAT DOES
 36        NOT LEVY A PROPERTY TAX; AMENDING SECTION 33-2108, IDAHO CODE, TO  PROVIDE
 37        THAT  ALL  COMMUNITY  COLLEGES  ARE PUBLIC CORPORATIONS; AMENDING  SECTION
 38        33-2109, IDAHO CODE, TO CLARIFY THAT THE BOARD OF TRUSTEES OF A  COMMUNITY
 39        COLLEGE  THAT IS AUTHORIZED TO LEVY A PROPERTY TAX SHALL ELECT A PRESIDENT
 40        OF THE COLLEGE; AMENDING SECTION 33-2109A, IDAHO CODE, TO  MAKE  TECHNICAL
 41        CORRECTIONS;  AMENDING SECTION 33-2110, IDAHO CODE, TO PROVIDE TUITION FOR
 42        ALL COMMUNITY COLLEGES; AMENDING SECTION 33-2110A, IDAHO CODE, TO  PROVIDE
 43        FOR  TUITION FOR OUT OF DISTRICT OR OUT OF AREA IDAHO STUDENTS AND TO PRO-
 44        VIDE FOR COUNTY TAXES TO PAY FOR THE TUITION; AMENDING  SECTION  33-2110B,
 45        IDAHO  CODE,  TO REVISE RESIDENCY PROVISIONS AND TO MAKE TECHNICAL CORREC-
 46        TIONS; AMENDING SECTION 33-2111, IDAHO  CODE,  TO  CLARIFY  THAT  PROPERTY
                                                                        
                                           2
                                                                        
  1        TAXES  MAY BE LEVIED IN THE TWO COMMUNITY COLLEGE DISTRICTS IF APPROVED BY
  2        THE VOTERS OF THE DISTRICT AT THE NOVEMBER 2006 ELECTION; AMENDING SECTION
  3        33-2112, IDAHO CODE, TO AUTHORIZE A GYMNASIUM AND GROUNDS LEVY BY A COMMU-
  4        NITY COLLEGE DISTRICT THAT IS AUTHORIZED TO LEVY A PROPERTY TAX;  AMENDING
  5        SECTION 33-2139, IDAHO CODE, TO CREATE THE STATE COMMUNITY COLLEGE FUND IN
  6        THE  STATE TREASURY; AMENDING SECTION 33-2141, IDAHO CODE, TO MAKE TECHNI-
  7        CAL CORRECTIONS; AMENDING SECTION 33-2142, IDAHO CODE, TO  MAKE  TECHNICAL
  8        CORRECTIONS;  AMENDING SECTION 33-2144, IDAHO CODE, TO MAKE TECHNICAL COR-
  9        RECTIONS AND TO PROVIDE A CORRECT CODE  REFERENCE;  AMENDING  CHAPTER  21,
 10        TITLE  33,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 33-2145, IDAHO
 11        CODE, TO PROVIDE FOR CALCULATION OF SALES TAX MONEYS THAT SHALL BE  REMIT-
 12        TED  TO  THE  COMMUNITY  COLLEGE FUND AND TO PROVIDE FOR A DECREASE IN THE
 13        AMOUNT IF A COMMUNITY COLLEGE VOTES TO RETAIN ITS PROPERTY TAX  LEVY;  AND
 14        AMENDING  SECTION  63-3638, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF SALES
 15        TAX MONEYS TO THE COMMUNITY COLLEGE FUND.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 33-2101, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        33-2101.  JUNIOR  COMMUNITY  COLLEGE  DISTRICTS,  APPROVALS, BOUNDARIES OF
 20    JUNIOR COLLEGE SYSTEM AREAS. Junior college districts may be formed and  orga-
 21    nized  in  accordance with the provisions of this chapter, and junior colleges
 22    maintained therein shall be  intermediate  institutions  of  higher  education
 23    above grade twelve (12).
 24        To  provide  for  the orderly establishment and growth of junior colleges,
 25    facilitate an efficient delivery of services through  the  community  colleges
 26    system,  a  statewide system of six five (5) junior community college areas is
 27    hereby created, as hereafter described. The State  Board  of  Education  shall
 28    only approve the existence of one centrally located district in any area until
 29    the  enrollment of such junior college therein exceeds 1000 full time day stu-
 30    dents a year from within the area.
 31        The boundaries of junior college areas hereby created may  be  changed  by
 32    the  State Board of Education upon 30 days notice to the boards of trustees of
 33    each school district in each of the junior college  areas  affected  and  upon
 34    public hearing. No change shall be made to place more than one existing junior
 35    college  in  an  area.  Notice of any boundary change shall forthwith be filed
 36    with the board of county commissioners of each county affected.
 37        Area No. 1 shall comprise the territory of the counties of  Benewah,  Bon-
 38    ner, Boundary, Kootenai and Shoshone.
 39        Area  No.  2  shall comprise the territory of the counties of  Clearwater,
 40    Idaho, Latah, Lewis and Nez Perce.
 41        Area No. 3 shall comprise the territory of the  counties  of  Ada,  Adams,
 42    Boise,  Canyon,  Elmore,  Gem,  Owyhee, Payette, Valley, and Washington., that
 43    portion of Elmore County lying generally west of a line described as follows:
 44        Beginning at the junction of the boundary line common  to  Blaine,  Boise,
 45        Custer  and  Elmore  counties,  thence  proceeding  in a general southerly
 46        direction along the boundaries of Blaine and Elmore  counties  and  Blaine
 47        and  Camas  counties  to the northeast corner of Section 1, T. 1 S., R. 11
 48        E., B.M.; thence west 3 miles to the northwest corner of Section  3,  same
 49        township  and  range; thence south 4 miles to the southwest corner of Sec-
 50        tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles  more
 51        or  less  to  the  southwest corner of Section 19, T. 1 S., R. 9 E., B.M.;
 52        thence south 2 miles to the southwest corner of Section 31, T. 1 S., R.  9
                                                                        
                                           3
                                                                        
  1        E.,  B.M.;  thence  west a distance of one and three-fourths (1 3/4) miles
  2        more or less to a point where the south section line of Section 35,  T.  1
  3        S.,  R.  8  E.,  B.M., intersects Bennett Creek; thence in a southwesterly
  4        direction down said Bennett Creek approximately 8 miles more  or  less  to
  5        the  southwest  corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south
  6        along the section lines 5 miles to the southwest corner of Section 22,  T.
  7        3  S.,  R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec-
  8        tion 30, T. 3 S., R. 8 E., B.M.; thence south along the  section  lines  a
  9        distance  of  14  miles  more or less to the Snake River which is also the
 10        boundary between Elmore and Owyhee counties;
 11    and that portion of Owyhee County lying generally west of a line described  as
 12    follows:
 13        Beginning  at  the northwest corner of Section 33, T. 5 S., R. 7 E., B.M.,
 14        which is on the boundary of Elmore and Owyhee counties, thence south along
 15        the section lines 7 miles more or less to the southwest corner of  Section
 16        33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section
 17        4,  T.  7  S.,  R. 7 E., B.M.; thence south one and one-half (1 1/2) miles
 18        more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.;
 19        thence east along the section lines 10 miles more or less to the northeast
 20        corner of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to  the
 21        southeast  corner  of  Section  36,  T.  7  S., R. 8 E., B.M.; thence east
 22        twenty-one and one-half (21 1/2) miles more or  less  to  the  north-south
 23        center  line  of  Section  3,  T.  8 S., R. 12 E., B.M.; which is also the
 24        boundary line of Twin Falls and Owyhee counties; thence south  along  said
 25        boundary  lines  36  miles to the township line between Townships 13 South
 26        and 14 South, R. 12 E., B.M.; thence west along said township line twenty-
 27        seven and one-half (27 1/2) miles more or less to the southwest corner  of
 28        Section  31, T. 13 S., R. 8 E., B.M.; thence south along the section lines
 29        17 miles more or less to the southwest corner of Section 30, T. 16 S.,  R.
 30        8 E., B.M.; which is also the Nevada State Line.
 31        Area  No. 4 shall comprise the territory of the counties of Blaine, Camas,
 32    Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls, and those portions
 33    of the counties of Elmore and Owyhee not included in the description  of  Area
 34    No. 3.
 35        Area  No.  5 shall comprise the territory of the counties of Bannock, Bear
 36    Lake, Caribou, Franklin, Oneida, Power, and that portion  of  Bingham,  County
 37    lying west of a line described as follows:
 38        Beginning  at  the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.;
 39        which is also a point common to Jefferson, Bonneville  and  Bingham  coun-
 40        ties;  thence  due  south  on the section line a distance of eighteen (18)
 41        miles to the southeast corner of Section 36, T. 1  N.,  R.  33  E.,  B.M.;
 42        thence  east  on the township line a distance of five and one-half (5 1/2)
 43        miles more or less to the north-south center line of Section 6, T.  1  S.,
 44        R.  35 E., B.M.; thence south on the center section line a distance of six
 45        (6) miles more or less to a point where said center  line  intersects  the
 46        east-west  section  line  common to Section 6, T. 2 S., R. 35 E., B.M. and
 47        Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a
 48        distance of five and one-half (5 1/2) miles more or less to the  northeast
 49        corner  of  Section  1, T. 2 S., R. 35 E., B.M.; thence south one and one-
 50        half (1 1/2) miles to the southwest corner of  the  northwest  quarter  of
 51        Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less
 52        to  the  Range  line  common to Ranges 36 and 37 E., B.M.; thence south on
 53        said Range line two and one-quarter (2 1/4) miles  more  or  less  to  its
 54        point  of  intersection  with  the  Blackfoot  River; thence following the
 55        Blackfoot River in a northeasterly and southeasterly direction to a  point
                                                                        
                                           4
                                                                        
  1        where  said river intersects the township line common to Bingham and Cari-
  2        bou counties.
  3        Area No. 6 shall comprise the territory of  the  counties  of  Bonneville,
  4    Butte,  Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton, and that
  5    portion of Bingham County not included in the description of Area No. 5.
                                                                        
  6        SECTION 2.  That Section 33-2102, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-2102.  COURSES  OF STUDY COMMUNITY COLLEGE SYSTEM. Idaho and the nation
  9    are being challenged by a mix of demographic, economic and technical  changes.
 10    Combined, these changes are driving the state toward a skilled workforce defi-
 11    cit  in  both  new  and experienced workers. A workforce deficit threatens the
 12    competitiveness of our state and acts as a barrier to individual opportunities
 13    for all citizens. Increased community college services, accessible to all cit-
 14    izens and designed to address new and emerging employment needs, will  address
 15    the  growing  deficits in the workforce and provide increased access to educa-
 16    tional opportunities for Idaho citizens. The purpose of this act is to  estab-
 17    lish  a  statewide  system  of  community colleges to serve all regions of the
 18    state, allow the four (4) year academic institutions to concentrate on  bacca-
 19    laureate,  graduate  and  postgraduate  level students, establish southwestern
 20    Idaho community college in the treasure valley and   establish  eastern  Idaho
 21    technical  college  as  eastern  Idaho  community college. A community college
 22    established pursuant to the provisions of this chapter shall give  instruction
 23    in academic subjects, professional-technical programs, workforce training pro-
 24    grams,  adult  and  other  remedial  and  developmental  subjects  and in such
 25    nonacademic other subjects as shall be authorized by its board of trustees.
 26        The academic courses given and the instruction therein  shall  be  of  the
 27    same  standard  as the same are given and taught in the first two (2) years of
 28    any other state institution of higher education, and credits therefor shall be
 29    accepted by other state institutions for credit toward a baccalaureate degree.
                                                                        
 30        SECTION 3.  That Sections 33-2103, 33-2104,  33-2105,  33-2107A,  33-2107B
 31    and 33-2107C, Idaho Code, be, and the same are hereby repealed.
                                                                        
 32        SECTION  4.  That  Chapter  21,  Title 33, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 33-2103, Idaho Code, and to read as follows:
                                                                        
 35        33-2103.  NORTH  IDAHO COMMUNITY COLLEGE AND COMMUNITY COLLEGE OF SOUTHERN
 36    IDAHO CONFIRMED -- COMMUNITY COLLEGE DIVISION  OF  LEWIS-CLARK  STATE  COLLEGE
 37    ESTABLISHED.  The  college  now  known  as  north Idaho college and located in
 38    Kootenai county is hereby recognized and confirmed as  the  community  college
 39    serving  area number 1. The college now known as college of southern Idaho and
 40    located in Twin Falls and Jerome counties is hereby recognized  and  confirmed
 41    as  the  community  college serving area number 4. There is hereby created and
 42    established within Lewis-Clark state college the community  college  division.
 43    The community college division shall be established for the purposes of commu-
 44    nity college service to area number 2.
                                                                        
 45        SECTION  5.  That  Chapter  21,  Title 33, Idaho Code, be, and the same is
 46    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 47    ignated as Section 33-2104, Idaho Code, and to read as follows:
                                                                        
 48        33-2104.  EASTERN  IDAHO COMMUNITY COLLEGE. The college now known as east-
                                                                        
                                           5
                                                                        
  1    ern Idaho technical college and located in Bonneville county, is hereby recog-
  2    nized and confirmed as eastern Idaho community college and  is  recognized  as
  3    the  community  college serving area 5. The college is hereby declared to be a
  4    body politic and corporate, with its own seal and having power to sue  and  be
  5    sued in its own name. The general supervision, government and control of east-
  6    ern  Idaho  community  college is vested in the board of trustees. The program
  7    shall consist of a community college curriculum as provided in  this  chapter,
  8    including  a  program of professional and technical training courses as may be
  9    authorized.
                                                                        
 10         SECTION 6.  That Chapter 21, Title 33, Idaho Code, be, and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 33-2105, Idaho Code, and to read as follows:
                                                                        
 13        33-2105.  SOUTHWESTERN IDAHO COMMUNITY COLLEGE.  There  is  hereby  estab-
 14    lished by the state board of education southwest Idaho community college serv-
 15    ing area 3. The college is hereby declared to be a body politic and corporate,
 16    with  its  own  seal  and having power to sue and be sued in its own name. The
 17    general supervision, government and control of southwest Idaho community  col-
 18    lege is vested in the board of trustees. The program shall consist of a commu-
 19    nity  college  curriculum  as provided in this chapter, including a program of
 20    professional and technical training courses as may be authorized.
                                                                        
 21        SECTION 7.  That Section 33-2106, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        33-2106.  TRUSTEES  OF  JUNIOR  COMMUNITY  COLLEGES  DISTRICTS THAT LEVY A
 24    PROPERTY TAX. All community colleges that are authorized to  levy  a  property
 25    tax  shall have a board of trustees as follows: tThe board of trustees of each
 26    junior the community  college district shall consist of five (5) school  elec-
 27    tors  residing  in  the district community college district where the property
 28    tax is levied who shall be appointed or elected as  herein  provided.  Immedi-
 29    ately  following  the  establishment  of a junior college district, tThe state
 30    board of education shall appoint the members of the first board, or the  addi-
 31    tional  members of an existing board for an initial term of two (2) years, who
 32    shall serve until the election and qualification of their successors.  At  the
 33    first election of trustees after the creation of a district, five (5) trustees
 34    shall  be  elected; two (2) for terms of two (2) years each, two (2) for terms
 35    of four (4) years each, and one (1)  for a term of six (6)  years.  Thereafter
 36    the  successors  of  persons  so elected shall be elected for terms of six (6)
 37    years. The expiration of any term shall be  at  the  regular  meeting  of  the
 38    trustees  next  following  the  election for the successor terms. Elections of
 39    trustees of junior a community college districts shall be biennially in  even-
 40    numbered years, and shall be held on such uniform day of such uniform month as
 41    the  board  of  trustees  shall  determine. Vacancies on the board of trustees
 42    shall be filled by appointment by the remaining members, but if by  reason  of
 43    vacancies  there remain on the board less than a majority of the required num-
 44    ber of members, appointment to fill such vacancies shall be made by the  state
 45    board of education. Any person so appointed shall serve until the next trustee
 46    election, at which time his successor shall be elected for the unexpired term.
 47    The  trustees shall take and subscribe the oath of office required in the case
 48    of state officers and said oath shall be filed with the secretary of state.
 49        Notice of the election, the conduct thereof, the qualification of electors
 50    and the canvass of returns shall be as prescribed for the election  of  school
 51    district trustees, and the board of trustees shall have and perform the duties
                                                                        
                                           6
                                                                        
  1    therein  prescribed for the board of trustees of school districts. As a condi-
  2    tion of voting, an elector shall execute an oath before a judge  or  clerk  of
  3    election  to  the  effect that such elector is a school district elector and a
  4    resident of the junior community college district.
  5        The person or persons, equal in number to the number  of  trustees  to  be
  6    elected  for regular or unexpired terms, receiving the largest number of votes
  7    shall be declared elected. An individual shall be a candidate for  a  specific
  8    position  of the board and each candidate must declare which position he seeks
  9    on the board of trustees. If it be necessary to resolve a tie between two  (2)
 10    or  more  persons,  the board of trustees shall determine by lot which thereof
 11    shall be declared elected. The clerk of the board shall  promptly  notify  any
 12    person  by mail of his election, inclosing enclosing a form of oath to be sub-
 13    scribed by him as herein provided.
 14        When elections held pursuant to this section coincide with other elections
 15    held by the state of Idaho or any subdivision thereof, or any municipality  or
 16    school  district, the board of trustees may make agreement with the body hold-
 17    ing such election for joint boards of election and the  payment  of  fees  and
 18    expenses  of  such  boards  of  election on such proportionate basis as may be
 19    agreed upon.
 20        At its first meeting following the  appointment  of  the  first  board  of
 21    trustees, and at the first regular meeting following any junior community col-
 22    lege  trustee  election,  the board shall organize, and shall elect one (1) of
 23    its members chairman, one (1) a vice-chairman; and shall elect a secretary and
 24    a treasurer, who may be members of the board; or one (1) person  to  serve  as
 25    secretary and treasurer, who may be a member of the board.
 26        The board shall set a given day of a given week in each month as its regu-
 27    lar  meeting  time.  Three (3)  members of the board shall constitute a quorum
 28    for the transaction of official business.
 29        The authority of trustees of junior community colleges districts shall  be
 30    limited in the manner prescribed in section 33-507, Idaho Code.
                                                                        
 31        SECTION  8.  That  Chapter  21,  Title 33, Idaho Code, be, and the same is
 32    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 33    ignated as Section 33-2106A, Idaho Code, and to read as follows:
                                                                        
 34        33-2106A.  ELECTION  FOR CONTINUATION OF PROPERTY TAX LEVIES. (1) An elec-
 35    tion shall be held in the community college district for north  Idaho  college
 36    and  college of southern Idaho at the general election in 2006 for the purpose
 37    of determining whether the property tax authorized by section  33-2111,  Idaho
 38    Code, shall be continued. Electors who are registered to vote in the community
 39    college  district  may  vote  in  the  election pursuant to this section. If a
 40    majority of the voters voting at the general election in 2006 vote  to  remove
 41    the  property  tax levy contained in section 33-2111, Idaho Code, that tax may
 42    not be levied for tax year 2007 and beyond. If less than  a  majority  of  the
 43    voters  voting at the general election in 2006 vote to remove the property tax
 44    levy contained in section 33-2111, Idaho Code, the tax authorized by that sec-
 45    tion may continue to be levied.
 46        (2)  The question submitted to the voters at the election shall be: "Shall
 47    the property tax authorized by Section 33-2111, Idaho Code,  for  the  mainte-
 48    nance  and  operation of (insert name) college continue to be levied?  Yes....
 49    No....?".
 50        (3)  The county clerk of each county shall submit the results of the elec-
 51    tion to the board of county commissioners where the community college district
 52    is located and to the state tax commission.
                                                                        
                                           7
                                                                        
  1        SECTION 9.  That Section 33-2107, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        33-2107.  GENERAL  POWERS  OF THE BOARD OF TRUSTEES. The board of trustees
  4    of each junior community college district that is authorized to levy  a  prop-
  5    erty tax shall have the power:
  6        (1.)  To  adopt  rules and regulations for its own government and the gov-
  7    ernment of the college;
  8        (2.)  To employ legal counsel and other professional, and  nonprofessional
  9    persons, and to prescribe their qualifications;
 10        (3.)  To  acquire and hold, and to dispose of, real and personal property,
 11    and to construct, repair, remodel and remove buildings;
 12        (4.)  To contract for the acquisition, purchase or repair of buildings, in
 13    the manner prescribed for trustees of school districts;
 14        (5.)  To dispose of real and personal property in  the  manner  prescribed
 15    for trustees of school districts;
 16        (6.)  To  issue  general obligation or revenue bonds in the manner now, or
 17    as may be, prescribed by law;
 18        (7.)  To convey and transfer real property of the district upon  which  no
 19    college  buildings  used  for  instruction are situated, to nonprofit corpora-
 20    tions, school districts, junior community college housing  commissions,  coun-
 21    ties  or  municipalities,  with or without consideration; to rent real or per-
 22    sonal property for the use of the college, its students or faculty,  for  such
 23    terms as may be determined by the board of trustees; to lease real property of
 24    the  district  not actually in use for college instructional purposes for such
 25    terms as may be determined by the  board;  and  to  lease  real  property  and
 26    improvements  to  the Idaho state building authority, for a term not to exceed
 27    fifty (50) years, with or without consideration, and to enter into  agreements
 28    with the Idaho state building authority for the Idaho state building authority
 29    to provide a facility, pursuant to section 67-6410, Idaho Code;
 30        (8.)  To acquire, hold, and dispose of, water rights;
 31        (9.)  To  accept  grants  or  gifts of money, materials or property of any
 32    kind from any governmental agency, or from any person, firm or association, on
 33    such terms as may be determined by the granter grantor;
 34        (10.) To cooperate with any governmental agency, or any  person,  firm  or
 35    association  in  the conduct of any educational program; to accept grants from
 36    any source for the conduct of such program; and to conduct such program on, or
 37    off, campus;
 38        (11.) To invest any funds of the district in such  securities,  and  apply
 39    the interest or profits from such investment, as prescribed for the investment
 40    of  the  funds, and the application of the interest or profits, in the case of
 41    school district boards of trustees.
                                                                        
 42        SECTION 10.  That Chapter 21, Title 33, Idaho Code, be, and  the  same  is
 43    hereby  amended by the addition of a NEW SECTION to be known and designated as
 44    Section 33-2107A, Idaho Code, be, and the same is hereby amended  to  read  as
 45    follows:
                                                                        
 46        33-2107A.  TRUSTEES  OF  COMMUNITY COLLEGES NOT AUTHORIZED TO LEVY A PROP-
 47    ERTY TAX. All community colleges not authorized to levy a property  tax  shall
 48    have a board of trustees as follows: the board of trustees of a community col-
 49    lege shall consist of seventeen (17) qualified electors residing in the commu-
 50    nity  college area who shall be appointed as herein provided. Vacancies on the
 51    board of trustees shall be filled by appointment by the respective  appointing
 52    authority  but if by reason of vacancies there remain on the board less than a
                                                                        
                                           8
                                                                        
  1    majority of the required number of members, appointment to fill such vacancies
  2    shall be made by the appointing authority as provided  in  this  section.  Any
  3    person so appointed shall serve until his successor shall be appointed to ful-
  4    fill  the  unexpired  term.  The trustees shall take and subscribe the oath of
  5    office required in the case of state officers and said  oath  shall  be  filed
  6    with the secretary of state.
  7        The  board  of  county commissioners of each county in a community college
  8    area shall appoint eight (8) members to the board of trustees of the community
  9    college who each shall serve four (4) year terms. The governor  shall  appoint
 10    eight  (8)  members of the board of trustees, taking into account geographical
 11    representation and that the members are otherwise legally qualified  to  serve
 12    and  the  board of trustees shall appoint the seventeenth member. All trustees
 13    appointed by the governor and the board of trustees shall serve  a  three  (3)
 14    year term. All trustees shall be appointed for their interest in education and
 15    their  ability  to represent citizens and business in the district and provide
 16    educational opportunities in a timely fashion for  those  citizens  and  busi-
 17    nesses  in  the  district. When a vacancy occurs on the board, the replacement
 18    shall be appointed by the original appointing authority. Each county in a com-
 19    munity college area shall have at least one  (1)  resident  on  the  board  of
 20    trustees.
 21        At  its first meeting following the appointment of the  board of trustees,
 22    the board shall organize, and shall elect one (1) of its members chairman, one
 23    (1) a vice-chairman and shall elect a secretary and a treasurer,  who  may  be
 24    members  of  the board, or one (1) person to serve as secretary and treasurer,
 25    who may be a member of the board.
 26        The board shall set a given day of a given week in each month as its regu-
 27    lar meeting time. A majority of members of the board shall constitute a quorum
 28    for the transaction of official business.
 29        The authority of trustees of  community colleges pursuant to this  section
 30    shall be limited in the manner prescribed in section 33-507, Idaho Code.
                                                                        
 31        SECTION  11.  That  Chapter  21, Title 33, Idaho Code, be, and the same is
 32    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 33    ignated as Section 33-2107B, Idaho Code, and to read as follows:
                                                                        
 34        33-2107B.  GENERAL  POWERS OF THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE
 35    THAT DOES NOT LEVY A PROPERTY TAX. The board of  trustees  of  each  community
 36    college that does not levy a property tax shall have the power:
 37        (1)  To  adopt rules for its own government and the government of the col-
 38    lege;
 39        (2)  To submit three (3) names to the state board of education  who  shall
 40    appoint  a president from the three (3) nominees. The president shall serve at
 41    the pleasure of the state board of education and may  be  removed  for  cause.
 42    The   board   shall   employ   legal   counsel  and  other  professional,  and
 43    nonprofessional persons, and prescribe their qualifications;
 44        (3)  To acquire and hold, and to dispose of, real and  personal  property,
 45    and to construct, repair, remodel and remove buildings;
 46        (4)  To  contract for the acquisition, purchase or repair of buildings, in
 47    the manner prescribed for trustees of school districts;
 48        (5)  To dispose of real and personal property in the manner prescribed for
 49    trustees of school districts;
 50        (6)  To issue general obligation or revenue bonds in the manner now, or as
 51    may be, prescribed by law;
 52        (7)  To convey and transfer real property of the district  upon  which  no
 53    college  buildings  used  for  instruction are situated, to nonprofit corpora-
                                                                        
                                           9
                                                                        
  1    tions, school districts, community college housing  commissions,  counties  or
  2    municipalities,  with or without consideration; to rent real or personal prop-
  3    erty for the use of the college, its students or faculty, for  such  terms  as
  4    may be determined by the board of trustees; to lease real property of the dis-
  5    trict not actually in use for college instructional purposes for such terms as
  6    may be determined by the board; and to lease real property and improvements to
  7    the Idaho state building authority, for a term not to exceed fifty (50) years,
  8    with  or  without  consideration,  and to enter into agreements with the Idaho
  9    state building authority for the Idaho state building authority to  provide  a
 10    facility, pursuant to section 67-6410, Idaho Code;
 11        (8)  To acquire, hold, and dispose of, water rights;
 12        (9)  To accept grants or gifts of money, materials or property of any kind
 13    from any governmental agency, or from any person, firm or association, on such
 14    terms as may be determined by the grantor;
 15        (10) To  cooperate  with  any  governmental agency, or any person, firm or
 16    association in the conduct of any educational program; to accept  grants  from
 17    any source for the conduct of such program; and to conduct such program on, or
 18    off, campus;
 19        (11) To invest any funds of the district in such securities, and apply the
 20    interest  or profits from such investment, as prescribed for the investment of
 21    the funds, and the application of the interest or  profits,  in  the  case  of
 22    school district boards of trustees;
 23        (12) Fix  standards  of  admission to the community college, prescribe and
 24    collect tuition for admission to the community college, including fixing  dif-
 25    ferent tuition rates for students who  are residents of the state and students
 26    who do not reside in the state;
 27        (13) Prescribe  and  collect  fees  and expend funds so raised for special
 28    programs and services for the students and for programs for the  cultural  and
 29    physical development of the students.
                                                                        
 30        SECTION  12.  That Section 33-2108, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        33-2108.  JUNIOR COMMUNITY COLLEGES DISTRICTS PUBLIC CORPORATIONS  --  SUE
 33    AND BE SUED -- CORPORATE SEAL. Each junior community college district which is
 34    authorized  to levy a property tax or which does not levy a property tax shall
 35    be a public corporation, may sue and be sued in its corporate name, and  shall
 36    have an official seal which shall be judicially noticed.
                                                                        
 37        SECTION  13.  That Section 33-2109, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        33-2109.  PRESIDENT -- INSTRUCTORS AND OTHER EMPLOYEES -- REQUIREMENTS FOR
 40    ADMISSION AND GRADUATION -- CERTIFICATES AND DIPLOMAS -- TEXTBOOKS AND  EQUIP-
 41    MENT.  The board of trustees of a community college that is authorized to levy
 42    a property tax shall elect a president of the college and, upon his  recommen-
 43    dation, appoint such officers, instructors, specialists, clerks and other per-
 44    sonnel  as  it  may  deem  necessary;  fix their salaries, and prescribe their
 45    duties. It shall fix the requirements for admission, and the time and standard
 46    of graduation, and issue such certificates for graduation and diplomas as  may
 47    be  deemed  suitable.  It  shall prescribe the textbooks, and provide suitable
 48    apparatus, furniture and equipment for carrying on the work of the college.
                                                                        
 49        SECTION 14.  That Section 33-2109A, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
                                           10
                                                                        
  1        33-2109A.  USE OF UNUSED SICK LEAVE. Upon separation from employment  with
  2    the  junior community college district by retirement, in accordance with chap-
  3    ter 13, title 59, Idaho Code, or with chapter 1,  title  33,  Idaho  Code,  an
  4    employee shall be accorded credit for unused sick leave as provided in section
  5    67-5339,  Idaho  Code. Each junior community college district shall contribute
  6    to the sick leave account for the purposes of this  section,  as  provided  in
  7    subsection (3) of section 67-5339, Idaho Code.
                                                                        
  8        SECTION  15.  That Section 33-2110, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        33-2110.  TUITION. (1) All students  of  a  community  college  shall  pay
 11    tuition  that  shall be fixed annually by the board of trustees not later than
 12    the 1st day of August of each year. The tuition for full-time students  taking
 13    normal academic courses provided by the college, who are residents of the dis-
 14    trict  or  area as the case may be, shall be fixed at not less than three hun-
 15    dred fifty dollars ($350) per annum, and may be increased by increments of not
 16    more than ten percent (10%) per annum to a maximum tuition of one thousand two
 17    hundred fifty dollars ($1,250) per annum. For all other students  taking  such
 18    courses the tuition shall be, as nearly as is practicable, the annual costs of
 19    all  elements  of  providing the courses of instruction, including interest on
 20    general obligation bonds, teaching, administration, maintenance, operation and
 21    depreciation of equipment and buildings, supplies and fuel, and other ordinary
 22    and necessary expenses of operation incurred in providing courses by the  com-
 23    munity  college,  provided  that  the tuition of students residing outside the
 24    district or area but within the county or counties  wherein  the  district  or
 25    area  where  the community college is located shall be fixed after taking into
 26    account moneys received by the community college district from any funds allo-
 27    cated to the community college from the educational  funds  of  the  state  of
 28    Idaho,  other  than allocations for professional-technical education; and pro-
 29    vided that the tuition of students  residing  outside  the  district  and  the
 30    county  but within the state of Idaho shall be fixed after taking into account
 31    moneys received  from  educational  funds  other  than  professional-technical
 32    moneys,  as  referred  to in this chapter, from the state of Idaho. Receipt of
 33    moneys, as hereinbefore provided in this section,  shall  be  based  upon  the
 34    receipts  from  the  sources  referred to during the fiscal year preceding the
 35    fixing of the tuition. A student in a community college shall not be deemed  a
 36    resident  of  the  district or area or of the county or of the state of Idaho,
 37    unless that student is deemed a resident as defined by section 33-2110B, Idaho
 38    Code, for the district or area, county  or state prior  to  the  date  of  his
 39    first  enrollment in the community college, and no student who was not a resi-
 40    dent of the district or area, county  or  state  shall  gain  residence  while
 41    attending  and  enrolled  in  the  community college. The residence of a minor
 42    shall be deemed to be the residence of his  parents  or  parent  or  guardian.
 43    Tuition  shall  be  payable  in advance, but the board may, in its discretion,
 44    permit tuition to be paid in installments.
 45        (2)  The board of trustees shall also fix fees for  laboratory  and  other
 46    special  services  provided  by the community college and for special courses,
 47    including, but not  limited  to,  night  school,  off-campus  courses,  summer
 48    school, professional-technical courses, as otherwise provided in this chapter,
 49    and other special instruction provided by the community college and nothing in
 50    this  chapter  shall  be  deemed  to control the amount of tuition for special
 51    courses or fees for special services, as herein provided, but the  same  shall
 52    be,  as  nearly as reasonable, sufficient to cover the cost of all elements of
 53    providing courses as above defined.
                                                                        
                                           11
                                                                        
  1        (3)  In this chapter, unless the context requires otherwise, the following
  2    definitions shall be uniformly applied. The application of  these  definitions
  3    shall be retroactive and prospective.
  4        (a)  "Fees"  shall  include  all charges imposed by the governing body, to
  5        students, as a whole or individually, in excess of tuition.  Student  fees
  6        may be imposed for special courses, instruction, and service:
  7             (i)   "Special  course  or  instruction fee" means those fees charged
  8             for any class or educational endeavor which shall have  unique  costs
  9             beyond a traditional college lecture class; for example, foreign lan-
 10             guage  audio  or visual instruction, specialized musical instruction,
 11             computer class, art class involving supplies  or  audiovisual  equip-
 12             ment,  professional-technical instruction, laboratory class, remedial
 13             instruction, team teaching, satellite transmissions, outside instruc-
 14             tor, professionally assisted instruction, etc.
 15             (ii)  "Special service fee" means those fees  charged  for  activity,
 16             benefit,  or  assistance  offered  to students which is beyond tradi-
 17             tional classroom instruction; for example,  student  government  sup-
 18             port,  providing of student health staff or facilities, student union
 19             support,  intramural  and  intercollegiate  athletics,   recreational
 20             opportunities, financial aid services, graduation expense, automobile
 21             parking,   student   yearbook/publication,  insurance,  registration,
 22             noncapital library user fee, etc.
 23        Fees shall not be imposed for any capital improvements except as  specifi-
 24        cally authorized in chapter 21, title 33, Idaho Code.
 25        (b)  "Tuition"  shall  mean  a  sum  charged  students for cost of college
 26        instruction and shall include costs associated with maintenance and opera-
 27        tion of physical plant, student services and institutional support.
                                                                        
 28        SECTION 16.  That Section 33-2110A, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        33-2110A.  TUITION OF OUT OF DISTRICT OR AREA IDAHO STUDENTS, COUNTY TAXES
 31    AND OTHER FINANCIAL SUPPORT. (1) Any student residing in the area of a  county
 32    outside of a community college area or district, or in a county without a com-
 33    munity  college  district,  who has been a resident of the county and state as
 34    defined by section 33-2110B, Idaho Code, immediately prior to the date of  his
 35    first  enrollment  in a community college, which residence may not be acquired
 36    while attending and enrolled in a community college, may enroll in any  commu-
 37    nity college in the state, and the county of his residence shall pay that por-
 38    tion of his tuition as hereinafter set out. The tuition which shall be paid by
 39    the resident county shall be that portion of the tuition uniformly established
 40    by a community college district for all out of district students, or the board
 41    of  trustees  of nonproperty tax levying community college for all out of area
 42    students, both in state as well as out of state, pursuant to section  33-2110,
 43    Idaho Code, after deducting therefrom the amount of tuition paid by a resident
 44    student  at  the  community  college;  however,  the liability of the resident
 45    county shall not exceed two-thirds (2/3) of the total tuition and fees charged
 46    and in no instance shall it exceed five hundred dollars ($500)  each  semester
 47    for a two (2) semester year for a full-time student. The student shall pay the
 48    tuition  and  fees charged a student resident in the district or area, and the
 49    balance, if any, of the nonresident student tuition above the maximum  liabil-
 50    ity  of the county of his residence. No county shall be liable for out of dis-
 51    trict or out of area tuition unless the board of county commissioners of  that
 52    county  has  first  verified to the community college in writing the fact that
 53    the student is a resident of the county. Upon verification, the  county  shall
                                                                        
                                           12
                                                                        
  1    thereafter be liable for the out of district tuition so long as the student is
  2    duly enrolled and attending the college subject to the following limitations:
  3        (a)  Liability  shall  be the term of the curriculum for which the student
  4        is enrolled, with a maximum lifetime liability of three  thousand  dollars
  5        ($3,000).
  6        (b)  Liability  shall  terminate  if  the  student's domiciliary residence
  7        changes and that change continues for twelve (12) months.
  8        (2)  The nonresident tuition shall be established annually not later  than
  9    August  1  and  shall  be  forthwith  filed with the state board of education,
 10    together with a statement supporting the computation thereof.  Each  community
 11    college,  by  October  15  and March 15 of each year, shall bill the county of
 12    residence of each nonresident student enrolled at  the  commencement  of  each
 13    semester,  and  each  board of county commissioners shall allow and order paid
 14    any bill for tuition at the first regular meeting  following  receipt  of  the
 15    bill,  but not exceeding forty-five (45) days after receipt. Upon failure of a
 16    county to pay the tuition, a community college district or a community college
 17    may commence action in the district court of the state of Idaho for the county
 18    to collect the same.
 19        (3)  For the payment of tuition of nonresident  students  as  herein  pro-
 20    vided,  there  shall  be  allocated in each county without a community college
 21    district to a county community college fund, and paid to the county  treasurer
 22    to  be held in that fund, fifty percent (50%) of all moneys apportioned to the
 23    county out of liquor funds of the state of Idaho as set forth  in  chapter  4,
 24    title  23,  Idaho Code, and that amount shall be deducted from the amount that
 25    would otherwise be allocated to the county; and if liquor funds are not suffi-
 26    cient to pay the tuition, commencing for the calendar year 1966, the board  of
 27    county  commissioners  shall levy upon the taxable property within each county
 28    without a community college district  levying  a  property  tax  for  students
 29    attending  a  community  college  outside the county's community college area,
 30    and, in a county with such a district  community  college,  upon  the  taxable
 31    property  within the county lying outside of the community college district, a
 32    property tax not to exceed six hundredths percent (.06%) of market  value  for
 33    assessment  purposes,  to  be  certified  as set out in section 33-2111, Idaho
 34    Code. The proceeds of the levy shall be placed in the county community college
 35    fund. Apportionment of liquor funds herein provided  shall  commence  for  the
 36    fiscal  quarter ending September 30, 1965, and accruing during that quarter If
 37    a community college district votes to continue levying a property tax pursuant
 38    to section 33-2106A, Idaho Code, the county or counties in that  property  tax
 39    levying  district  do  not  need  to  levy  the  property tax provided by this
 40    section.
 41        (4)  Based upon the enrollment established by the first semester's tuition
 42    bills received by October 15, the board of county commissioners  shall  estab-
 43    lish  immediately  a total community college annual tuition budget for two (2)
 44    semesters which shall be equal to twice the amount of the tuition bills plus a
 45    contingency factor of ten percent (10%). This budget shall be  adjusted  after
 46    March  15  based  on  any  change  of  enrollment shown by the second semester
 47    tuition  bills. If enrollment is from zero to not more than four (4) students,
 48    a minimum budget of five (5) students at  five  hundred  dollars  ($500)  each
 49    shall  be established. In the event all tuition bills received have been paid,
 50    notwithstanding any other provision hereof, (a)  any  liquor  funds  received,
 51    which  in the quarter when received to any extent are in excess of the budget,
 52    to the extent of that excess shall not be paid over to the county treasurer to
 53    be held in the community college fund, and (b) any  funds  received  from  the
 54    levy  on  taxable property, which when received to any extent are in excess of
 55    the budget after the application of liquor funds thereto,  to  the  extent  of
                                                                        
                                           13
                                                                        
  1    that  excess  shall  not  be  paid  over to the community college fund. Excess
  2    liquor funds shall be paid pursuant to law as if this section were not  appli-
  3    cable and excess funds shall be paid to the general fund of the county. In the
  4    event  the total liquor fund payable hereunder to the county community college
  5    fund together with the receipts from the levy on  taxable  property  for  each
  6    fiscal  year are insufficient to pay tuition bills, which deficiency is caused
  7    by a levy of less than the maximum allowed  hereunder,  or  by  enrollment  in
  8    excess of the budget herein provided, the budget for each following year shall
  9    be  increased to the maximum allowed by the maximum tax levy authorized to pay
 10    any deficiency at the earliest time. If the deficiency is due to the  lack  of
 11    funds  in a fiscal year when the maximum levy authorized shall have been made,
 12    for the next fiscal year thereafter the number of students  from  that  county
 13    shall  be limited by the board of county commissioners to the extent necessary
 14    to pay the deficiency not later than the end of the following  year.  Provided
 15    nevertheless,  for the two (2) semesters commencing September, 1965, the board
 16    of county commissioners shall limit the community  college  budget  and  total
 17    students  to  estimated  liquor  funds  available  on  quarterly disbursements
 18    through June 30, 1966. Any limitation of students authorized shall  be  accom-
 19    plished (a) on the basis of student grades and financial need, and (b) by each
 20    community college notifying the county of residence of each student's applica-
 21    tion  and  the county shall accept or reject the application at least five (5)
 22    days prior to the tuition billing dates set out herein.  A  community  college
 23    shall  nevertheless  have  a right to require any student residing outside the
 24    district to pay nonresident tuition if the county of  his  residence  is  more
 25    than  twenty-five  percent (25%) in arrears of a total county tuition bill for
 26    one (1) year as of the beginning of the subsequent semester, but tuition shall
 27    be refunded to such students when paid by the county.
                                                                        
 28        SECTION 17.  That Section 33-2110B, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        33-2110B.  RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS. (1)
 31    For purposes of this chapter, a resident student is:
 32        (a)  Any student whose parents or court-appointed guardians are  domiciled
 33        in  the  junior  community  college district or area and provide more than
 34        fifty percent (50%) of his support. Domicile means an  individual's  true,
 35        fixed and permanent home and place of habitation. It is the place where he
 36        intends  to remain, and to which he expects to return when he leaves with-
 37        out intending to establish a new domicile elsewhere. To qualify under this
 38        section the parents or guardian must have resided continuously in the jun-
 39        ior community college district or area for twelve (12) months next preced-
 40        ing the opening day of the term for which the student matriculates.
 41        (b)  Any student who receives less than fifty percent (50%) of his support
 42        from parents or legal guardians who are not residents of the junior commu-
 43        nity college district or area for voting purposes and who has continuously
 44        resided in the junior community college district or area for  twelve  (12)
 45        months  next preceding the opening day of the period of instruction during
 46        which he proposes to attend the junior community college.
 47        (c)  The spouse of a person who is classified, or is eligible for  classi-
 48        fication,  as  a resident of the junior community college district or area
 49        for the purposes of attending that junior college.
 50        (d)  A member of the armed forces of the United States, stationed  in  the
 51        junior community college district or area on military orders.
 52        (e)  A  student whose parents or guardians are members of the armed forces
 53        and stationed in the junior community college district or area on military
                                                                        
                                           14
                                                                        
  1        orders and who receives fifty percent (50%) or more of support  from  par-
  2        ents  or  legal  guardians.  The  student, while in continuous attendance,
  3        shall not lose his residence when his parents or guardians are transferred
  4        on military orders.
  5        (f)  A person separated,  under  honorable  conditions,  from  the  United
  6        States armed forces after at least two (2) years of active service, who at
  7        the time of separation designates the junior community college district or
  8        area  as his intended domicile or who has the district or area as the home
  9        of record in service and enters the junior community  college  within  one
 10        (1) year of the date of separation.
 11        (g)  Any individual who has been domiciled in the junior community college
 12        district or area, has qualified and would otherwise be qualified under the
 13        provisions  of  this  statute,  and who is away from the community college
 14        district or area for a period of less than one (1) calendar year  and  has
 15        not  established  legal  residence  elsewhere provided a twelve (12) month
 16        period of continuous residence has been established immediately  prior  to
 17        departure.
 18        (2)  A  junior  community  college board of trustees shall adopt rules and
 19    regulations applicable to their college now or hereafter established to deter-
 20    mine residence status of any student and to establish procedures for review of
 21    that status.
 22        (3)  Appeal from a final determination denying resident status may be ini-
 23    tiated by the filing of an action in the district court of the county in which
 24    the affected junior community college is located. An appeal from the  district
 25    court shall lie as in all civil actions.
 26        (4)  Nothing  contained  herein  shall  prevent a junior community college
 27    board of trustees from waiving tuition to be paid by nonresident students.
 28        (5)  Nothing contained herein shall prevent  a  junior  community  college
 29    board of trustees from establishing quotas, standards for admission, standards
 30    for readmission, or other terms and requirements governing persons who are not
 31    residents for purposes of the first two (2) years of postsecondary education.
                                                                        
 32        SECTION  18.  That Section 33-2111, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        33-2111.  TAXES AND OTHER FINANCIAL SUPPORT FOR  COMMUNITY  COLLEGES.  For
 35    the  maintenance  and  operation of each community college, in addition to the
 36    income from tuition paid by students as hereinbefore provided,  the  board  of
 37    trustees  may  levy upon the taxable property within the district a tax not to
 38    exceed sixteen hundredths percent (.16%) of the market  value  for  assessment
 39    purposes  on all taxable property within the district. On and after January 1,
 40    2007, no levy shall be made for the maintenance and operation of  each  commu-
 41    nity college within a community college district unless the voters of the dis-
 42    trict  as  it  existed on January 1, 2006, authorize such  at an election held
 43    pursuant to section 33-2106A, Idaho Code, and held  at  the  general  election
 44    date in November 2006, by a majority of those voting at the election.
 45        The tax levy determined by the board of trustees, within said limit, shall
 46    be  certified to the board of county commissioners in each county in which the
 47    district may lie, not later than the second Monday in September of each  year.
 48    No levy in excess of sixteen hundredths percent (.16%) of the market value for
 49    assessment  purposes  on  all  taxable property within the district the amount
 50    specified in this section shall be made unless a supplemental levy in a speci-
 51    fied amount be first authorized through an election held, as provided in  sec-
 52    tions  33-401 through 33-406, Idaho Code, as if the community college district
 53    were a school district and approved by a majority  of  the  district  electors
                                                                        
                                           15
                                                                        
  1    voting  in such election. A tax may only be levied against the property within
  2    the district as it existed on January 1, 2006, unless additional  property  is
  3    added to the district as provided in this chapter.
                                                                        
  4        SECTION  19.  That Section 33-2112, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        33-2112.  ADDITIONAL TAX LEVY FOR GYMNASIUM  AND  GROUNDS.  The  board  of
  7    trustees  of any community college district that is authorized to levy a prop-
  8    erty tax may levy a tax not exceeding one one-hundredth percent (.01%) on each
  9    dollar of the assessed value of the taxable property within the  district  for
 10    the maintenance and care of the gymnasium and college grounds of the district,
 11    in  addition  to other taxes authorized by law for the maintenance and support
 12    of the community college.
                                                                        
 13        SECTION 20.  That Section 33-2139, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        33-2139.  STATE  JUNIOR  COMMUNITY  COLLEGE ACCOUNT FUND CREATED. There is
 16    hereby created a state junior (community) college account in the state operat-
 17    ing the state community college fund in the state treasurer's office  treasury
 18    to  which shall be credited all moneys which may be appropriated, apportioned,
 19    or allocated to that account fund. The state treasurer shall  make  such  dis-
 20    bursements  from the account fund as may be ordered by the state board of edu-
 21    cation in accordance with the provisions of this act chapter.
                                                                        
 22        SECTION 21.  That Section 33-2141, Idaho Code, be, and the same is  hereby
 23    amended to read as follows:
                                                                        
 24        33-2141.  DISBURSEMENT  OF  FUNDS -- METHOD -- FUNDS DISBURSED NOT CONSID-
 25    ERED IN FIXING TUITION. Funds appropriated to the state junior community  col-
 26    lege  account  fund shall be disbursed to the qualifying junior community col-
 27    lege districts as follows: fifty percent (50%) of the moneys  in  the  account
 28    fund  shall  be  disbursed  on  the twentieth day of July of each year and the
 29    remainder of the account fund shall be disbursed on the first day of September
 30    of each year. Funds disbursed under this act chapter shall not  be  considered
 31    by  the board of trustees of any junior community college in fixing tuition of
 32    such college pursuant to section 33-2110, Idaho Code.
                                                                        
 33        SECTION 22.  That Section 33-2142, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        33-2142.  DIRECT PAYMENT TO BOARD -- UTILIZATION. Disbursement shall be by
 36    direct  payment  to the governing board of such Junior community cCollege Dis-
 37    trict which board shall utilize and disburse such funds in the furtherance  of
 38    the academic program which such board is authorized by law to administer.
                                                                        
 39        SECTION  23.  That Section 33-2144, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        33-2144.  DISBURSEMENT TO PUBLIC EMPLOYEE RETIREMENT FUND. The  disbursing
 42    of funds as provided by sections 33-2139 through 33-2143, Idaho Code, shall be
 43    subject to the payments required to be made by section 59-1332B 59-1324, Idaho
 44    Code,  from  the  state  junior  community college fund to the public employee
 45    retirement fund. Such payments shall be prior to the payment of funds from the
                                                                        
                                           16
                                                                        
  1    state junior community college fund to the several junior  community  colleges
  2    districts as provided by said statute this chapter.
                                                                        
  3        SECTION  24.  That  Chapter  21, Title 33, Idaho Code, be, and the same is
  4    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  5    ignated as Section 33-2145, Idaho Code, and to read as follows:
                                                                        
  6        33-2145.  TAXES  TO  SUPPORT  COMMUNITY  COLLEGE SYSTEM. (1) By June 15 of
  7    each year, the state tax commission shall remit an amount calculated by multi-
  8    plying four and one-quarter percent (4.25%) of sales tax collections  adjusted
  9    for  refunds  and  changes  in the rate structure for the purpose of providing
 10    revenue to pay the necessary expenses of the community colleges and the commu-
 11    nity college division of Lewis-Clark state college.
 12        (2)  The moneys calculated in subsection (1)  of  this  section  shall  be
 13    remitted  from  the state sales tax account and credited to the community col-
 14    lege fund created in section 33-2139, Idaho Code, to be expended  pursuant  to
 15    appropriation.
 16        (3)  The  amount  provided  in  subsection  (1)  of  this section shall be
 17    decreased by twenty percent (20%) for each  community  college  district  that
 18    votes  pursuant to section 33-2106A, Idaho Code, to keep the property tax levy
 19    pursuant to section 33-2111, Idaho Code. The purpose is to provide revenue  to
 20    pay the necessary expenses of the community colleges and the community college
 21    division of Lewis-Clark state college. A community college district that votes
 22    to  keep levying property taxes pursuant to section 33-2111, Idaho Code, shall
 23    be ineligible to receive moneys pursuant to this section.
                                                                        
 24        SECTION 25.  That Section 63-3638, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        63-3638.  SALES  TAX  --  DISTRIBUTION.    All moneys collected under this
 27    chapter, except as may otherwise be required in sections 63-3203 and  63-3709,
 28    Idaho Code, shall be distributed by the tax commission as follows:
 29        (1)  An  amount  of money shall be distributed to the state refund account
 30    sufficient to pay current refund claims. All  refunds  authorized  under  this
 31    chapter  by the commission shall be paid through the state refund account, and
 32    those moneys are continuously appropriated.
 33        (2)  Five million dollars ($5,000,000) per year is continuously  appropri-
 34    ated and shall be distributed to the permanent building fund, provided by sec-
 35    tion 57-1108, Idaho Code.
 36        (3)  Four  million eight hundred thousand dollars ($4,800,000) per year is
 37    continuously appropriated and shall be distributed to the water pollution con-
 38    trol account established by section 39-3605, Idaho Code.
 39        (4)  An amount equal to the sum required to be certified by  the  chairman
 40    of  the Idaho housing and finance association to the state tax commission pur-
 41    suant to section 67-6211, Idaho Code, in each year is  continuously  appropri-
 42    ated  and  shall be paid to any capital reserve fund, established by the Idaho
 43    housing and finance association pursuant to section 67-6211, Idaho Code.  Such
 44    amounts,  if any, as may be appropriated hereunder to the capital reserve fund
 45    of the Idaho housing and finance association shall be repaid for  distribution
 46    under  the  provisions  of  this section, subject to the provisions of section
 47    67-6215, Idaho Code, by the Idaho housing and finance association, as soon  as
 48    possible,  from  any  moneys  available  therefor and in excess of the amounts
 49    which the association determines will keep it self-supporting.
 50        (5)  An amount equal to the sum required  by  the  provisions  of  section
 51    63-709, Idaho Code, is continuously appropriated and shall be paid as provided
                                                                        
                                           17
                                                                        
  1    by section 63-709, Idaho Code.
  2        (6)  An  amount  required by the provisions of chapter 53, title 33, Idaho
  3    Code.
  4        (7)  An amount required by the provisions of chapter 87, title  67,  Idaho
  5    Code.
  6        (8)  One  dollar  ($1.00)  on each application for certificate of title or
  7    initial application for registration of  a  motor  vehicle,  snowmobile,  all-
  8    terrain vehicle or other vehicle processed by the county assessor or the Idaho
  9    transportation  department  excepting those applications in which any sales or
 10    use taxes due have been previously collected by a retailer, shall be a fee for
 11    the services of the assessor of the county or the Idaho transportation depart-
 12    ment in collecting such taxes, and shall be paid into the current expense fund
 13    of the county or state highway account established in  section  40-702,  Idaho
 14    Code.
 15        (9)  Thirteen  and  three-quarters percent (13.75%) is continuously appro-
 16    priated and shall be distributed to the revenue sharing account which is  cre-
 17    ated in the state treasury, and the moneys in the revenue sharing account will
 18    be  paid  in  installments each calendar quarter by the tax commission as fol-
 19    lows:
 20        (a)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 21        ious cities as follows:
 22             (i)   Fifty percent (50%) of such amount shall be paid to the various
 23             cities, and each city shall be entitled to an amount in  the  propor-
 24             tion  that the population of that city bears to the population of all
 25             cities within the state; and
 26             (ii)  Fifty percent (50%) of such amount shall be paid to the various
 27             cities, and each city shall be entitled to an amount in  the  propor-
 28             tion  that  the preceding year's market value for assessment purposes
 29             for that city bears to the preceding year's market value for  assess-
 30             ment purposes for all cities within the state.
 31        (b)  Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
 32        ious counties as follows:
 33             (i)   One  million three hundred twenty thousand dollars ($1,320,000)
 34             annually  shall be distributed one forty-fourth (1/44) to each of the
 35             various counties; and
 36             (ii)  The balance of such amount shall be paid to the  various  coun-
 37             ties,  and  each county shall be entitled to an amount in the propor-
 38             tion that the population of that county bears to  the  population  of
 39             the state;
 40        (c)  Thirty-five  and  nine-tenths percent (35.9%) of the amount appropri-
 41        ated in this subsection (9) shall be paid to the several counties for dis-
 42        tribution to the cities and counties as follows:
 43             (i)   Each city and county which received a payment under the  provi-
 44             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 45             calendar  year  1999,  shall be entitled to a like amount during suc-
 46             ceeding calendar quarters.
 47             (ii)  If the dollar amount of money available under  this  subsection
 48             (9)(c)  in  any  quarter does not equal the amount paid in the fourth
 49             quarter of calendar year 1999, each city's and county's payment shall
 50             be reduced proportionately.
 51             (iii) If the dollar amount of money available under  this  subsection
 52             (9)(c)  in  any quarter exceeds the amount paid in the fourth quarter
 53             of calendar year 1999, each city and county shall be  entitled  to  a
 54             proportionately increased payment, but such increase shall not exceed
 55             one  hundred  five  percent  (105%)  of the total payment made in the
                                                                        
                                           18
                                                                        
  1             fourth quarter of calendar year 1999.
  2             (iv)  If the dollar amount of money available under  this  subsection
  3             (9)(c)  in any quarter exceeds one hundred five percent (105%) of the
  4             total payment made in the fourth quarter of calendar year  1999,  any
  5             amount  over  and above such one hundred five percent (105%) shall be
  6             paid fifty percent (50%) to the various cities in the proportion that
  7             the population of the city bears to  the  population  of  all  cities
  8             within  the state, and fifty percent (50%) to the various counties in
  9             the proportion that the population of a county bears to  the  popula-
 10             tion of the state; and
 11        (d)  Seven  and  seven-tenths percent (7.7%) of the amount appropriated in
 12        this subsection (9) shall be paid to the several counties for distribution
 13        to special purpose taxing districts as follows:
 14             (i)   Each such district which received a payment  under  the  provi-
 15             sions of section 63-3638(e), Idaho Code, during the fourth quarter of
 16             calendar  year  1999,  shall be entitled to a like amount during suc-
 17             ceeding calendar quarters.
 18             (ii)  If the dollar amount of money available under  this  subsection
 19             (9)(d)  in  any  quarter does not equal the amount paid in the fourth
 20             quarter of calendar year 1999, each special purpose taxing district's
 21             payment shall be reduced proportionately.
 22             (iii) If the dollar amount of money available under  this  subsection
 23             (9)(d)  in any quarter exceeds the amount distributed under paragraph
 24             (i) of this subsection (9)(d), each special purpose  taxing  district
 25             shall  be  entitled  to a share of the excess based on the proportion
 26             each such district's current property tax budget bears to the sum  of
 27             the  current property tax budgets of all such districts in the state.
 28             The state tax commission shall calculate  district  current  property
 29             tax budgets to include any unrecovered foregone amounts as determined
 30             under section 63-802(1)(e), Idaho Code. When a special purpose taxing
 31             district  is situated in more than one (1) county, the tax commission
 32             shall determine the portion attributable to the special purpose  tax-
 33             ing district from each county in which it is situated.
 34             (iv)  If  special  purpose  taxing  districts  are  consolidated, the
 35             resulting district is entitled to a base amount equal to the  sum  of
 36             the base amounts which were received in the  last calendar quarter by
 37             each district prior to the consolidation.
 38             (v)   If   a   special   purpose  taxing  district  is  dissolved  or
 39             disincorporated, the state tax commission shall continuously distrib-
 40             ute to the board of county commissioners an amount equal to the  last
 41             quarter's  distribution prior to dissolution or disincorporation. The
 42             board of county commissioners shall determine any  redistribution  of
 43             moneys so received.
 44             (vi)  Taxing districts formed after January 1, 2001, are not entitled
 45             to a payment under the provisions of this subsection (9)(d).
 46             (vii) For  purposes of this subsection (9)(d), a special purpose tax-
 47             ing district is any taxing district which is not a city, a county  or
 48             a school district.
 49        (10) Amounts calculated in accordance with section 2, chapter 356, Laws of
 50    2001, for annual distribution to counties and other taxing districts beginning
 51    in  October  2001 for replacement of property tax on farm machinery and equip-
 52    ment exempted pursuant to section 63-602EE, Idaho  Code.  For  nonschool  dis-
 53    tricts,  the  state  tax  commission shall distribute one-fourth (1/4) of this
 54    amount certified quarterly to each county. For school districts, the state tax
 55    commission shall distribute one-fourth (1/4) of the amount certified quarterly
                                                                        
                                           19
                                                                        
  1    to each school district. For nonschool districts,  the  county  auditor  shall
  2    distribute  to  each district within thirty (30) calendar days from receipt of
  3    moneys from the tax commission. Moneys received by each  taxing  district  for
  4    replacement  shall  be utilized in the same manner and in the same proportions
  5    as revenues from property taxation. The moneys remitted to  the  county  trea-
  6    surer  for  replacement  of  property exempt from taxation pursuant to section
  7    63-602EE, Idaho Code, may be considered by the counties and other taxing  dis-
  8    tricts  and budgeted at the same time, in the same manner and in the same year
  9    as revenues from taxation on personal property which these moneys replace.  If
 10    taxing  districts  are  consolidated, the resulting district is entitled to an
 11    amount equal to the sum of the amounts which were received in the last  calen-
 12    dar quarter by each district pursuant to this subsection prior to the consoli-
 13    dation.  If  a  taxing district is dissolved or disincorporated, the state tax
 14    commission shall continuously distribute to the board of county  commissioners
 15    an  amount  equal  to  the last quarter's distribution prior to dissolution or
 16    disincorporation. The board of county commissioners shall determine any redis-
 17    tribution of moneys so received.  If a taxing district annexes territory,  the
 18    distribution  of  moneys  received  pursuant to this subsection shall be unaf-
 19    fected. Taxing districts formed after January 1, 2001, are not entitled  to  a
 20    payment  under  the  provisions  of  this  subsection.  School districts shall
 21    receive an amount determined by multiplying the sum of the  year  2000  school
 22    district  levy  plus  .001 times the market value on December 31, 2000, in the
 23    district of the property exempt from taxation pursuant  to  section  63-602EE,
 24    Idaho Code.  For school districts, beginning January 1, 2002, only the portion
 25    of  property tax replacement received to replace property exempt from taxation
 26    pursuant to section 63-602EE, Idaho Code, based  on  the  tax  year  2000  tax
 27    charges  for  maintenance  and  operation as limited by sections 33-802 2. and
 28    33-1002D, Idaho Code, shall not be subtracted from the maximum school district
 29    maintenance and operation property taxes permitted in accordance with  section
 30    33-802  2.,  Idaho  Code.  For  purposes of the limitation provided by section
 31    63-802, Idaho Code, moneys received pursuant to this section as  property  tax
 32    replacement  for  property  exempt from taxation pursuant to section 63-602EE,
 33    Idaho Code, shall be treated as property tax revenues.
 34        (11) An amount required by section 33-2145, Idaho Code, for the support of
 35    community colleges, which amount shall be distributed to the community college
 36    fund created in section 33-2139, Idaho Code.
 37        (12) Any moneys remaining over and  above  those  necessary  to  meet  and
 38    reserve for payments under other subsections of this section shall be distrib-
 39    uted to the general fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16124C1

The purpose of this legislation is to establish a statewide community
college system in Idaho.  It offers the residents of Kootenai, Jerome
and Twin Falls counties the opportunity to vote as to whether North
Idaho College (NIC) and the College of Southern Idaho (CSI) stay in
their current system or vote to become part of the state community
college system.  It will be their choice.  If they vote to be a part of
the statewide community college system, residents would no longer pay
property taxes to support their community colleges.
Under the state system, the State will be divided into five areas. 
Area No. 1 is North Idaho Community College and is comprised of
Benewah, Bonner, Boundary, Kootenai and Shoshone counties.  Area No. 2
is a community college division at Lewis-Clark State College and is
comprised of Clearwater, Idaho, Latah, Lewis and Nez Perce counties. 
Area No. 3 is Southwestern Idaho Community College and is comprised of
Ada, Adams, Boise, Canyon, Elmore, Gem, Payette, Valley, Washington and
Owyhee counties.  Area No. 4 is Community College of Southern Idaho and
is comprised of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln,
Minidoka and Twin Falls counties.  Area No. 5 is Eastern Idaho
Community College (formerly Eastern Idaho Technical College) and is
comprised of Bannock, Bear Lake, Caribou, Franklin, Oneida, Power,
Bingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi,
Madison and Teton counties.

A 17-member board of trustees will be appointed from the community
college area with each county represented in order to continue local
control under the state system.  Half of the trustees will be appointed
by the board of county commissioners in each county and half by the
Governor and then one additional person appointed by the full board of
trustees.  The duties of the board of trustees are outlined in the
legislation to ensure quick development of business opportunities on or
off campus as they are able to do today.



                            FISCAL NOTE

Funding for a statewide community college system will not be on the
property tax but will earmark 4.25% from the state sales tax account to
be deposited in the community college fund.  Based on projected sales
tax collections, this would generate approximately $43.9 million in
fiscal year 2007.  Additional funding will be supplied from the liquor
fund, and tuition and fees as it is currently.



Contact
Name: Representative Ann Rydalch 
      Senator John Goedde
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                               H 740