2006 Legislation
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HOUSE BILL NO. 824 – State community colleges, establish

HOUSE BILL NO. 824

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H0824..........................................................by EDUCATION
STATE COMMUNITY COLLEGES - Adds to and amends existing law to provide
legislative findings and intent; to provide for the establishment of state
community colleges by the State Board of Education; to provide for
establishment of community college advisory boards and to provide powers of
the boards; to provide tuition for students residing outside of a community
college district; to provide for disbursement of funds appropriated to the
State Board of Education for state community colleges and the services they
provide.
                                                                        
03/15    House intro - 1st rdg - to printing
03/16    Rpt prt - to W/M

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 824
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JUNIOR COLLEGES; PROVIDING LEGISLATIVE FINDINGS AND INTENT; AMEND-
  3        ING THE CHAPTER HEADING OF CHAPTER 21,  TITLE  33,  IDAHO  CODE;  AMENDING
  4        CHAPTER  21,  TITLE  33,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
  5        33-2101, IDAHO CODE, TO PROVIDE FOR THE ESTABLISHMENT OF  STATE  COMMUNITY
  6        COLLEGES  BY  THE STATE BOARD OF EDUCATION; AMENDING CHAPTER 21, TITLE 33,
  7        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2101A, IDAHO CODE, TO PRO-
  8        VIDE FOR ESTABLISHMENT OF COMMUNITY COLLEGE ADVISORY BOARDS AND TO PROVIDE
  9        POWERS OF THE BOARDS; AMENDING SECTION 33-2101, IDAHO CODE, TO REDESIGNATE
 10        THE SECTION, TO PROVIDE PROPER TERMINOLOGY AND TO MAKE  TECHNICAL  CORREC-
 11        TIONS;  AMENDING  SECTION 33-2101A, IDAHO CODE, TO REDESIGNATE THE SECTION
 12        AND TO DELETE A CODE REFERENCE; AMENDING SECTION 33-2110A, IDAHO CODE,  TO
 13        PROVIDE  TUITION FOR STUDENTS RESIDING OUTSIDE OF A COMMUNITY COLLEGE DIS-
 14        TRICT; AND AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION OF A
 15        NEW SECTION 33-2141A, IDAHO CODE, TO PROVIDE  FOR  DISBURSEMENT  OF  FUNDS
 16        APPROPRIATED TO THE STATE BOARD OF EDUCATION FOR STATE COMMUNITY COLLEGES.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION  1.  LEGISLATIVE  FINDINGS  AND INTENT. (1) The state of Idaho and
 19    the nation are being challenged by a mix of demographic, economic and  techno-
 20    logical  changes.  Combined,  these  changes  are  driving  the state toward a
 21    skilled workforce deficit in both new and  experienced  workers.  A  workforce
 22    deficit  threatens  the  competitiveness of our state and acts as a barrier to
 23    individual opportunities for all citizens. Increased  community  college  ser-
 24    vices,  accessible  to  all  citizens and designed to address new and emerging
 25    employment needs, will address the growing deficits in the workforce and  pro-
 26    vide increased access to educational opportunities for Idaho citizens.
 27        (2)  The purpose of this act is to establish a statewide network of commu-
 28    nity  colleges  to  meet  demands across the state, and to allow the four-year
 29    academic institutions to concentrate on baccalaureate, graduate and postgradu-
 30    ate level students.
 31        (3)  A community college established pursuant to the  provisions  of  this
 32    chapter  shall  give  instruction in academic subjects, professional-technical
 33    programs, workforce training programs, adult and other remedial  and  develop-
 34    mental  subjects,  and  in  such  other subjects as shall be authorized by the
 35    advisory board of the community college. The academic courses offered and  the
 36    instruction  of  the  courses  shall  be  of the same standard as the same are
 37    offered and taught in the first two years of any other  state  institution  of
 38    higher education, and credits therefor shall be accepted by other state insti-
 39    tutions for credit toward a baccalaureate degree.
                                                                        
 40        SECTION 2.  That the Heading for Chapter 21, Title 33, Idaho Code, be, and
 41    the same is hereby amended to read as follows:
                                                                        
                                           2
                                                                        
  1                                      CHAPTER 21
  2                              JUNIOR COMMUNITY COLLEGES
                                                                        
  3        SECTION  3.  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 33-2101, Idaho Code, and to read as follows:
                                                                        
  6        33-2101.  ESTABLISHMENT  OF  STATE COMMUNITY COLLEGES. For the purposes of
  7    this chapter, a state community college shall be an institution that  is  only
  8    established  or  approved  by the state board of education. The state board of
  9    education shall have the authority to:
 10        (1)  Establish a network of community colleges in the state of Idaho;
 11        (2)  Establish community colleges outside the boundaries  of  an  existing
 12    community college district;
 13        (3)  Approve  departments or divisions within existing public institutions
 14    of higher education as community colleges; and
 15        (4)  Approve the establishment of community college districts  and  commu-
 16    nity  colleges within such a district pursuant to the process outlined in sec-
 17    tions 33-2103 and 33-2104, Idaho Code.
                                                                        
 18        SECTION 4.  That Chapter 21, Title 33, Idaho Code, be,  and  the  same  is
 19    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 20    ignated as Section 33-2101A, Idaho Code, and to read as follows:
                                                                        
 21        33-2101A.  ESTABLISHMENT OF COMMUNITY COLLEGE  ADVISORY  BOARDS.  (1)  The
 22    state board of education shall have the authority to establish advisory boards
 23    for  any community college, except those created pursuant to the provisions of
 24    sections 33-2103 and 33-2104, Idaho Code, or those created as a department  or
 25    division of a public institution of higher education recognized as a community
 26    college.
 27        (2)  The state board of education shall appoint all members of an advisory
 28    board. Each advisory board shall consist of five (5) members who are residents
 29    of  the  community  college area, as provided in section 33-2101B, Idaho Code,
 30    and each member shall serve a term of  four  (4)  years.  Whenever  a  vacancy
 31    occurs,  the state board of education shall appoint a qualified person to fill
 32    the vacancy for the unexpired portion of the term  or  until  a  successor  is
 33    appointed  by  the state board of education. Advisory board members shall take
 34    and subscribe the oath of office required in the case of  state  officers  and
 35    said oath shall be filed with the secretary of state.
 36        (3)  Each community college advisory board shall have the power:
 37        (a)  To  adopt rules for its own government and the government of the col-
 38        lege;
 39        (b)  To submit three (3) names to the state board of education  who  shall
 40        appoint  a president of the community college from the three (3) nominees.
 41        The president shall serve at the pleasure of the state board of  education
 42        and may be removed for cause.
 43        (c)  To  employ  legal  counsel and other professional and nonprofessional
 44        persons, and prescribe their qualifications;
 45        (d)  To acquire and hold, and to dispose of, real and  personal  property,
 46        and to construct, repair, remodel and remove buildings;
 47        (e)  To  contract for the acquisition, purchase or repair of buildings, in
 48        a manner prescribed by the state board of education;
 49        (f)  To dispose of real and personal property in the manner prescribed  by
 50        the state board of education;
 51        (g)  To issue general obligation or revenue bonds in the manner now, or as
                                                                        
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  1        may be, prescribed by law;
  2        (h)  To  convey  and  transfer real property of the community college upon
  3        which no college buildings used for instruction are situated, to nonprofit
  4        corporations, school districts,  community  college  housing  commissions,
  5        counties or municipalities, with or without consideration; to rent real or
  6        personal  property  for  the use of the community college, its students or
  7        faculty, for such terms as may be determined by  the  advisory  board;  to
  8        lease  real property of the community college not actually in use for com-
  9        munity college instructional purposes for such terms as may be  determined
 10        by  the advisory board; and to lease real property and improvements to the
 11        Idaho state building authority, for a term not to exceed fifty (50) years,
 12        with or without consideration, and to enter into agreements with the Idaho
 13        state building authority for the Idaho state building authority to provide
 14        a facility, pursuant to section 67-6410, Idaho Code;
 15        (i)  To acquire, hold, and dispose of, water rights;
 16        (j)  To accept grants or gifts of money, materials or property of any kind
 17        from any governmental agency, or from any person, firm or association,  on
 18        such terms as may be determined by the granter and the advisory board;
 19        (k)  To  cooperate  with  any  governmental agency, or any person, firm or
 20        association in the conduct of any educational program;  to  accept  grants
 21        from  any  source to conduct such program; and to conduct such program on,
 22        or off, campus;
 23        (l)  To invest any funds of the community college in such securities,  and
 24        apply  the interest or profits from such investment, as prescribed for the
 25        investment of the funds, and the application of the interest or profits by
 26        the state board of education.
                                                                        
 27        SECTION 5.  That Section 33-2101, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        33-2101B.  JUNIOR  COMMUNITY  COLLEGE  DISTRICTS, APPROVALS, BOUNDARIES OF
 30    JUNIOR COMMUNITY COLLEGE AREAS. Junior  Community  college  districts  may  be
 31    formed  and  organized  in accordance with the provisions of this chapter, and
 32    junior community colleges maintained therein shall  be  intermediate  institu-
 33    tions of higher education above grade twelve (12).
 34        To  provide  for  the orderly establishment and growth of junior community
 35    colleges, a statewide system of six junior  (6)  community  college  areas  is
 36    hereby created, as hereafter described. The Sstate Bboard of Eeducation  shall
 37    only  approve  the existence of one (1) centrally located district in any area
 38    until the enrollment of such junior  community  college  therein  exceeds  one
 39    thousand (1,000) full-time day students a year from within the area.
 40        The  boundaries  of  junior  community college areas hereby created may be
 41    changed by the Sstate Bboard of Eeducation upon  thirty (30) days'  notice  to
 42    the boards of trustees of each school district in each of the junior community
 43    college  areas  affected  and  upon public hearing. No change shall be made to
 44    place more than one (1) existing junior community college in an  area.  Notice
 45    of  any boundary change shall forthwith be filed with the board of county com-
 46    missioners of each county affected.
 47        Area No. 1 shall comprise the territory of the counties of  Benewah,  Bon-
 48    ner, Boundary, Kootenai and Shoshone.
 49        Area  No.  2  shall  comprise the territory of the counties of Clearwater,
 50    Idaho, Latah, Lewis and Nez Perce.
 51        Area No. 3 shall comprise the territory of the  counties  of  Ada,  Adams,
 52    Boise,  Canyon,  Gem,  Payette,  Valley,  Washington,  that  portion of Elmore
 53    Ccounty lying generally west of a line described as follows:
                                                                        
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  1        Beginning at the junction of the boundary line common  to  Blaine,  Boise,
  2        Custer  and  Elmore  counties,  thence  proceeding  in a general southerly
  3        direction along the boundaries of Blaine and Elmore  counties  and  Blaine
  4        and  Camas  counties  to the northeast corner of Section 1, T. 1 S., R. 11
  5        E., B.M.; thence west 3 miles to the northwest corner of Section  3,  same
  6        township  and  range; thence south 4 miles to the southwest corner of Sec-
  7        tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles  more
  8        or  less  to  the  southwest corner of Section 19, T. 1 S., R. 9 E., B.M.;
  9        thence south 2 miles to the southwest corner of Section 31, T. 1 S., R.  9
 10        E.,  B.M.;  thence  west a distance of one and three-fourths (1 3/4) miles
 11        more or less to a point where the south section line of Section 35,  T.  1
 12        S.,  R.  8  E.,  B.M., intersects Bennett Creek; thence in a southwesterly
 13        direction down said Bennett Creek approximately 8 miles more  or  less  to
 14        the  southwest  corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south
 15        along the section lines 5 miles to the southwest corner of Section 22,  T.
 16        3  S.,  R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec-
 17        tion 30, T. 3 S., R. 8 E., B.M.; thence south along the  section  lines  a
 18        distance  of  14  miles  more or less to the Snake River which is also the
 19        boundary between Elmore and Owyhee counties;
 20    and that portion of Owyhee Ccounty lying generally west of a line described as
 21    follows:
 22        Beginning at the northwest corner of Section 33, T. 5 S., R. 7  E.,  B.M.,
 23        which is on the boundary of Elmore and Owyhee counties, thence south along
 24        the  section lines 7 miles more or less to the southwest corner of Section
 25        33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section
 26        4, T. 7 S., R. 7 E., B.M.; thence south one  and  one-half  (1 1/2)  miles
 27        more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.;
 28        thence east along the section lines 10 miles more or less to the northeast
 29        corner  of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the
 30        southeast corner of Section 36, T. 7  S.,  R.  8  E.,  B.M.;  thence  east
 31        twenty-one  and  one-half  (21 1/2)  miles more or less to the north-south
 32        center line of Section 3, T. 8 S., R. 12  E.,  B.M.;  which  is  also  the
 33        boundary  line  of Twin Falls and Owyhee counties; thence south along said
 34        boundary lines 36 miles to the township line between  Townships  13  South
 35        and 14 South, R. 12 E., B.M.; thence west along said township line twenty-
 36        seven  and one-half (27 1/2) miles more or less to the southwest corner of
 37        Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section  lines
 38        17  miles more or less to the southwest corner of Section 30, T. 16 S., R.
 39        8 E., B.M.; which is also the Nevada Sstate Lline.
 40        Area No. 4 shall comprise the territory of the counties of Blaine,  Camas,
 41    Cassia,  Gooding, Jerome, Lincoln, Minidoka, Twin Falls, and those portions of
 42    the counties of Elmore and Owyhee not included in the description of Area  No.
 43    3.
 44        Area  No.  5 shall comprise the territory of the counties of Bannock, Bear
 45    Lake, Caribou, Franklin, Oneida, Power, and that portion  of  Bingham  Ccounty
 46    lying west of a line described as follows:
 47        Beginning  at  the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.;
 48        which is also a point common to Jefferson, Bonneville  and  Bingham  coun-
 49        ties;  thence  due  south  on the section line a distance of eighteen (18)
 50        miles to the southeast corner of Section  36, T. 1 N.,  R.  33  E.,  B.M.;
 51        thence  east  on the township line a distance of five and one-half (5 1/2)
 52        miles more or less to the north-south center line of Section 6, T.  1  S.,
 53        R.  35 E., B.M.; thence south on the center section line a distance of six
 54        (6) miles more or less to a point where said center  line  intersects  the
 55        east-west  section  line  common to Section 6, T. 2 S., R. 35 E., B.M. and
                                                                        
                                           5
                                                                        
  1        Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a
  2        distance of five and one-half (5 1/2) miles more or less to the  northeast
  3        corner  of  Section  1, T. 2 S., R. 35 E., B.M.; thence south one and one-
  4        half (1 1/2) miles to the southwest corner of  the  northwest  quarter  of
  5        Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less
  6        to  the  Range  line  common to Ranges 36 and 37 E., B.M.; thence south on
  7        said Range line two and one-quarter (2 1/4) miles  more  or  less  to  its
  8        point  of  intersection  with  the  Blackfoot  River; thence following the
  9        Blackfoot River in a northeasterly and southeasterly direction to a  point
 10        where  said river intersects the township line common to Bingham and Cari-
 11        bou counties.
 12        Area No. 6 shall comprise the territory of  the  counties  of  Bonneville,
 13    Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton, and that por-
 14    tion of Bingham Ccounty not included in the description of Area No. 5.
                                                                        
 15        SECTION  6.  That Section 33-2101A, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        33-2101AC.  JUNIOR COLLEGE SHALL MEAN COMMUNITY  COLLEGE.  Notwithstanding
 18    any  other  provision  of  law,  in  sections  21-805, 21-806, 21-809, 23-404,
 19    31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101,  33-2102,  33-2103,
 20    33-2104,  33-2105,  33-2106,  33-2107,  33-2107A, 33-2107B, 33-2107C, 33-2108,
 21    33-2109A, 33-2110, 33-2110A, 33-2110B,  33-2111,  33-2112,  33-2113,  33-2114,
 22    33-2115,  33-2116,  33-2117,  33-2118,  33-2119,  33-2121,  33-2122,  33-2123,
 23    33-2124,  33-2125,  33-2126,  33-2130,  33-2135,  33-2137,  33-2138,  33-2139,
 24    33-2141,  33-2142,  33-2143,  33-2144,  33-2211,  33-3716,  33-3717,  33-4001,
 25    33-4003,   33-4004,  33-4006,  33-4201,  33-4306,  33-4315,  46-314,  50-1721,
 26    57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C  and  67-5332,
 27    Idaho  Code,  the  term  "junior  college"  shall mean and shall be denoted as
 28    "community college."
                                                                        
 29        SECTION 7.  That Section 33-2110A, Idaho Code, be, and the same is  hereby
 30    amended to read as follows:
                                                                        
 31        33-2110A.  TUITION  OF OUT OF FOR STUDENTS RESIDING OUTSIDE OF A COMMUNITY
 32    COLLEGE DISTRICT, IDAHO STUDENTS, COUNTY TAXES AND  OTHER  FINANCIAL  SUPPORT.
 33    (1)  Any  student residing in the area of a county outside of a community col-
 34    lege district or in a county without a community  college  district,  who  has
 35    been  a resident of the county and state as defined by section 33-2110B, Idaho
 36    Code, immediately prior to the date of his first  enrollment  in  a  community
 37    college, which residence may not be acquired while attending and enrolled in a
 38    community  college,  may enroll in any community college in the state, and the
 39    county of his residence shall pay that portion of his tuition  as  hereinafter
 40    set  out. The tuition which shall be paid by the resident county shall be that
 41    portion of the tuition uniformly established by a community  college  district
 42    for  all out of district students residing outside of a community college dis-
 43    trict, both in state as well as out of state,  pursuant  to  section  33-2110,
 44    Idaho  Code,  after deducting therefrom the amount  of tuition paid by a resi-
 45    dent student at the community college; however, the liability of the  resident
 46    county shall not exceed two-thirds (2/3) of the total tuition and fees charged
 47    and  in  no instance shall it exceed five hundred dollars ($500) each semester
 48    for a two (2) semester year for a full-time student. The student shall pay the
 49    comparable tuition and fees charged a student resident in the a district,  and
 50    the balance, if any, of the nonresident student tuition above the maximum lia-
 51    bility  of  the  county of his residence. No county shall be liable for out of
                                                                        
                                           6
                                                                        
  1    district or comparable tuition unless the board  of  county  commissioners  of
  2    that  county  has  first verified to the community college in writing the fact
  3    that the student is a resident of the county. Upon  verification,  the  county
  4    shall  thereafter  be  liable for the out of district or comparable tuition so
  5    long as the student is duly enrolled and attending the college subject to  the
  6    following limitations:
  7        (a)  Liability  shall  be the term of the curriculum for which the student
  8        is enrolled, with a maximum lifetime liability of three  thousand  dollars
  9        ($3,000).
 10        (b)  Liability  shall  terminate  if  the  student's domiciliary residence
 11        changes and that change continues for twelve (12) months.
 12        (2)  The nonresident tuition shall be established annually not later  than
 13    August  1  and  shall  be  forthwith  filed with the state board of education,
 14    together with a statement supporting the computation thereof.  Each  community
 15    college,  by  October  15  and March 15 of each year, shall bill the county of
 16    residence of each nonresident student enrolled at  the  commencement  of  each
 17    semester,  and  each  board of county commissioners shall allow and order paid
 18    any bill for tuition at the first regular meeting  following  receipt  of  the
 19    bill,  but not exceeding forty-five (45) days after receipt. Upon failure of a
 20    county to pay the tuition, a community college district may commence action in
 21    the district court of the state of Idaho for the county to collect the same.
 22        (3)  For the payment of tuition of nonresident  students  as  herein  pro-
 23    vided,  there  shall  be  allocated in each county without a community college
 24    district to a county community college fund, and paid to the county  treasurer
 25    to  be held in that fund, fifty percent (50%) of all moneys apportioned to the
 26    county out of liquor funds of the state of Idaho as set forth  in  chapter  4,
 27    title  23,  Idaho Code, and that amount shall be deducted from the amount that
 28    would otherwise be allocated to the county; and if liquor funds are not suffi-
 29    cient to pay the tuition, commencing for the calendar year 1966, the board  of
 30    county  commissioners  shall levy upon the taxable property within each county
 31    without a community college district, and, in a county with such  a  district,
 32    upon  the  taxable  property  within the county lying outside of the community
 33    college district, a property tax not to exceed six hundredths  percent  (.06%)
 34    of market value for assessment purposes, to be certified as set out in section
 35    33-2111,  Idaho  Code.  The proceeds of the levy shall be placed in the county
 36    community college fund. Apportionment of liquor funds  herein  provided  shall
 37    commence for the fiscal quarter ending September 30, 1965, and accruing during
 38    that quarter.
 39        (4)  Based upon the enrollment established by the first semester's tuition
 40    bills  received  by October 15, the board of county commissioners shall estab-
 41    lish immediately a total community college annual tuition budget for  two  (2)
 42    semesters which shall be equal to twice the amount of the tuition bills plus a
 43    contingency  factor  of ten percent (10%). This budget shall be adjusted after
 44    March 15 based on any change  of  enrollment  shown  by  the  second  semester
 45    tuition  bills. If enrollment is from zero to not more than four (4) students,
 46    a minimum budget of five (5) students at  five  hundred  dollars  ($500)  each
 47    shall  be established. In the event all tuition bills received have been paid,
 48    notwithstanding any other provision hereof, (a)  any  liquor  funds  received,
 49    which  in the quarter when received to any extent are in excess of the budget,
 50    to  the extent of that excess shall not be paid over to the  county  treasurer
 51    to  be held in the community college fund, and (b) any funds received from the
 52    levy on taxable property, which when received to any extent are in  excess  of
 53    the  budget  after  the  application of liquor funds thereto, to the extent of
 54    that excess shall not be paid over  to  the  community  college  fund.  Excess
 55    liquor  funds shall be paid pursuant to law as if this section were not appli-
                                                                        
                                           7
                                                                        
  1    cable and excess funds shall be paid to the general fund of the county. In the
  2    event the total liquor fund payable hereunder to the county community  college
  3    fund  together  with  the  receipts from the levy on taxable property for each
  4    fiscal year are insufficient to pay tuition bills, which deficiency is  caused
  5    by  a  levy  of  less  than the maximum allowed hereunder, or by enrollment in
  6    excess of the budget herein provided, the budget for each following year shall
  7    be increased to the maximum allowed by the maximum tax levy authorized to  pay
  8    any  deficiency  at the earliest time. If the deficiency is due to the lack of
  9    funds in a fiscal year when the maximum levy authorized shall have been  made,
 10    for  the  next  fiscal year thereafter the number of students from that county
 11    shall be limited by the board of county commissioners to the extent  necessary
 12    to  pay  the deficiency not later than the end of the following year. Provided
 13    nevertheless, for the two (2) semesters commencing September, 1965, the  board
 14    of  county  commissioners  shall  limit the community college budget and total
 15    students to  estimated  liquor  funds  available  on  quarterly  disbursements
 16    through  June  30, 1966. Any limitation of students authorized shall be accom-
 17    plished (a) on the basis of student grades and financial need, and (b) by each
 18    community college notifying the county of residence of each student's applica-
 19    tion and the county shall accept or reject the application at least  five  (5)
 20    days  prior  to  the tuition billing dates set out herein. A community college
 21    shall nevertheless have a right to require any student  residing  outside  the
 22    district  to  pay  nonresident  tuition if the county of his residence is more
 23    than twenty-five percent (25%) in arrears of a total county tuition  bill  for
 24    one (1) year as of the beginning of the subsequent semester, but tuition shall
 25    be refunded to such students when paid by the county.
                                                                        
 26        SECTION  8.  That  Chapter  21,  Title 33, Idaho Code, be, and the same is
 27    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 28    ignated as Section 33-2141A, Idaho Code, and to read as follows:
                                                                        
 29        33-2141A.  DISBURSEMENT  OF  FUNDS TO STATE COMMUNITY COLLEGES. (1)  Funds
 30    appropriated to the state board of education  for  the  request  for  proposal
 31    (RFP) process in support of community colleges shall be apportioned equally to
 32    each  community  college  area. If more than one (1) institution in an area is
 33    eligible to receive funds, the state board of education shall distribute  that
 34    area's funds directly to the community colleges in that area.
 35        (2)  Funds  not  disbursed  as  an  award through the RFP process shall be
 36    returned to the state board of education and such funds shall only be used for
 37    state community colleges established pursuant to section 33-2101, Idaho  Code,
 38    in support of the services they provide.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16254

Currently, many Idaho students are taking courses at traditional
universities and paying higher tuition rates associated with
universities.  Idaho must take steps to expand access to community
college services and ensure affordability of these services so that
every Idahoan has an opportunity for continued learning.  

Community colleges with open access and reasonable tuition serve as
major gateways for students to enter postsecondary education.  The
need for greater access to postsecondary education in Idaho is
evident through a number of measures.  At present, only 44% of the
state's high school graduates go on to pursue any form of
postsecondary education, ranking Idaho 45th in the nation in this
regard.  Compounding the problem is the fact that community
colleges exist in only two areas of the state.  

This legislation is to update the provisions relating to community
colleges as junior colleges, consistent with Idaho Code 33-2101A. 
It also empowers the State Board of Education to establish a
network of community colleges in areas of the state where
postsecondary education needs are underserved.  This legislation
does not allow the board to establish new community colleges in
those areas of the state that already have existing community
college districts.


                           FISCAL NOTE

Funding relationships of community colleges are not changed with
this legislation.  Funding will still be subject to local
government support, student fees, non-state receipts and state
appropriations.  Additional funding may be experienced in the
future due to the increased capabilities resulting from this
legislation that will increase access and affordability for
students, but it is not mandated.





Contact
Name:   Sen. John Goedde
        Rep. Ann Rydalch
Phone:  (208) 332-1000
        David Lehman, Office of Governor
        (208) 334-2100


STATEMENT OF PURPOSE/FISCAL NOTE                         H 824