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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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.JUNIORCOMMUNITY COLLEGEDISTRICTS, APPROVALS, BOUNDARIES OF20JUNIOR COLLEGESYSTEM AREAS.Junior college districts may be formed and orga-21nized in accordance with the provisions of this chapter, and junior colleges22maintained therein shall be intermediate institutions of higher education23above grade twelve (12).24 Toprovide 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 ofsixfive (5)juniorcommunity college areas is 27 hereby created, as hereafter described.The State Board of Education shall28only approve the existence of one centrally located district in any area until29the enrollment of such junior college therein exceeds 1000 full time day stu-30dents a year from within the area.31The boundaries of junior college areas hereby created may be changed by32the State Board of Education upon 30 days notice to the boards of trustees of33each school district in each of the junior college areas affected and upon34public hearing. No change shall be made to place more than one existing junior35college in an area. Notice of any boundary change shall forthwith be filed36with 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., that43portion of Elmore County lying generally west of a line described as follows:44Beginning at the junction of the boundary line common to Blaine, Boise,45Custer and Elmore counties, thence proceeding in a general southerly46direction along the boundaries of Blaine and Elmore counties and Blaine47and Camas counties to the northeast corner of Section 1, T. 1 S., R. 1148E., B.M.; thence west 3 miles to the northwest corner of Section 3, same49township and range; thence south 4 miles to the southwest corner of Sec-50tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles more51or less to the southwest corner of Section 19, T. 1 S., R. 9 E., B.M.;52thence south 2 miles to the southwest corner of Section 31, T. 1 S., R. 93 1E., B.M.; thence west a distance of one and three-fourths (1 3/4) miles2more or less to a point where the south section line of Section 35, T. 13S., R. 8 E., B.M., intersects Bennett Creek; thence in a southwesterly4direction down said Bennett Creek approximately 8 miles more or less to5the southwest corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south6along the section lines 5 miles to the southwest corner of Section 22, T.73 S., R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec-8tion 30, T. 3 S., R. 8 E., B.M.; thence south along the section lines a9distance of 14 miles more or less to the Snake River which is also the10boundary between Elmore and Owyhee counties;11and that portion of Owyhee County lying generally west of a line described as12follows:13Beginning at the northwest corner of Section 33, T. 5 S., R. 7 E., B.M.,14which is on the boundary of Elmore and Owyhee counties, thence south along15the section lines 7 miles more or less to the southwest corner of Section1633, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section174, T. 7 S., R. 7 E., B.M.; thence south one and one-half (1 1/2) miles18more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.;19thence east along the section lines 10 miles more or less to the northeast20corner of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the21southeast corner of Section 36, T. 7 S., R. 8 E., B.M.; thence east22twenty-one and one-half (21 1/2) miles more or less to the north-south23center line of Section 3, T. 8 S., R. 12 E., B.M.; which is also the24boundary line of Twin Falls and Owyhee counties; thence south along said25boundary lines 36 miles to the township line between Townships 13 South26and 14 South, R. 12 E., B.M.; thence west along said township line twenty-27seven and one-half (27 1/2) miles more or less to the southwest corner of28Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section lines2917 miles more or less to the southwest corner of Section 30, T. 16 S., R.308 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 portions33of the counties of Elmore and Owyhee not included in the description of Area34No. 3. 35 Area No. 5 shall comprise the territory of the counties of Bannock, Bear 36 Lake, Caribou, Franklin, Oneida, Power,and that portion ofBingham,County37lying west of a line described as follows:38Beginning at the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.;39which is also a point common to Jefferson, Bonneville and Bingham coun-40ties; thence due south on the section line a distance of eighteen (18)41miles to the southeast corner of Section 36, T. 1 N., R. 33 E., B.M.;42thence east on the township line a distance of five and one-half (5 1/2)43miles more or less to the north-south center line of Section 6, T. 1 S.,44R. 35 E., B.M.; thence south on the center section line a distance of six45(6) miles more or less to a point where said center line intersects the46east-west section line common to Section 6, T. 2 S., R. 35 E., B.M. and47Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a48distance of five and one-half (5 1/2) miles more or less to the northeast49corner of Section 1, T. 2 S., R. 35 E., B.M.; thence south one and one-50half (1 1/2) miles to the southwest corner of the northwest quarter of51Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less52to the Range line common to Ranges 36 and 37 E., B.M.; thence south on53said Range line two and one-quarter (2 1/4) miles more or less to its54point of intersection with the Blackfoot River; thence following the55Blackfoot River in a northeasterly and southeasterly direction to a point4 1where said river intersects the township line common to Bingham and Cari-2bou counties.3Area No. 6 shall comprise the territory of the counties ofBonneville, 4 Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison,and Teton, and that5portion 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 STUDYCOMMUNITY 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 25nonacademicother 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 OFJUNIORCOMMUNITY COLLEGESDISTRICTSTHAT 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 ofeach26juniorthe community collegedistrictshall consist of five (5) school elec- 27 tors residing in thedistrictcommunity college district where the property 28 tax is levied who shall be appointed or elected as herein provided.Immedi-29ately 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 the33first election of trustees after the creation of a district, five (5) trustees34shall be elected; two (2) for terms of two (2) years each, two (2) for terms35of 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 ofjuniora community collegedistrictsshall 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 thejuniorcommunity 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,inclosingenclosing 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 anyjuniorcommunity 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 ofjuniorcommunity collegesdistrictsshall 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 eachjuniorcommunity 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,juniorcommunity 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 thegrantergrantor; 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.JUNIORCOMMUNITY COLLEGESDISTRICTSPUBLIC CORPORATIONS -- SUE 33 AND BE SUED -- CORPORATE SEAL. Eachjuniorcommunity collegedistrictwhich 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 thejuniorcommunity collegedistrictby 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. Eachjuniorcommunity collegedistrictshall 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 collegedistrictfrom 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 residingin the area of a county32 outside of a community college area or district,or in a county without a com-33munity college district,who has been a resident of thecounty andstate 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 countywithout a community college21districtto 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 collegedistrictlevying a property tax for students 29 attending a community college outside the county's community college area, 30 and, in a county with such adistrictcommunity college, upon the taxable 31 property within the countylying 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 the36fiscal quarter ending September 30, 1965, and accruing during that quarterIf 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.Provided15nevertheless, for the two (2) semesters commencing September, 1965, the board16of county commissioners shall limit the community college budget and total17students to estimated liquor funds available on quarterly disbursements18through 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 thejuniorcommunity 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 thejun-39iorcommunity 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 thejuniorcommu- 43 nity college district or area for voting purposes and who has continuously 44 resided in thejuniorcommunity 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 thejuniorcommunity college. 47 (c) The spouse of a person who is classified, or is eligible for classi- 48 fication, as a resident of thejuniorcommunity college district or area 49 for the purposes of attending thatjuniorcollege. 50 (d) A member of the armed forces of the United States, stationed in the 51juniorcommunity 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 thejuniorcommunity 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 thejuniorcommunity 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 thejuniorcommunity college within one 10 (1) year of the date of separation. 11 (g) Any individual who has been domiciled in thejuniorcommunity 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) Ajuniorcommunity college board of trustees shall adopt rulesand19regulationsapplicable 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 affectedjuniorcommunity college is located. An appeal from the district 25 court shall lie as in all civil actions. 26 (4) Nothing contained herein shall prevent ajuniorcommunity college 27 board of trustees from waiving tuition to be paid by nonresident students. 28 (5) Nothing contained herein shall prevent ajuniorcommunity 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 ofsixteen hundredths percent (.16%) of the market value for49assessment purposes on all taxable property within the districtthe 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. STATEJUNIORCOMMUNITY COLLEGEACCOUNTFUND CREATED. There is 16 hereby createda state junior (community) college account in the state operat-17ingthe state community college fund in the statetreasurer's officetreasury 18 to which shall be credited all moneys which may be appropriated, apportioned, 19 or allocated to thataccountfund. The state treasurer shall make such dis- 20 bursements from theaccountfund as may be ordered by the state board of edu- 21 cation in accordance with the provisions of thisactchapter. 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 statejuniorcommunity col- 26 legeaccountfund shall be disbursed to the qualifyingjuniorcommunity col- 27 lege districts as follows: fifty percent (50%) of the moneys in theaccount28 fund shall be disbursed on the twentieth day of July of each year and the 29 remainder of theaccountfund shall be disbursed on the first day of September 30 of each year. Funds disbursed under thisactchapter shall not be considered 31 by the board of trustees of anyjuniorcommunity 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 suchJuniorcommunity cCollegeDis-37trictwhich 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 section59-1332B59-1324, Idaho 44 Code, from the statejuniorcommunity college fund to the public employee 45 retirement fund. Such payments shall be prior to the payment of funds from the 16 1 statejuniorcommunity college fund to the severaljuniorcommunity colleges 2districtsas provided bysaid statutethis 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 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