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S1023.............................................................by EDUCATION EASTERN IDAHO TECHNICAL COLLEGE - Amends existing law to change the name of the Eastern Idaho Technical College to the College of Eastern Idaho. 01/23 Senate intro - 1st rdg - to printing 01/24 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1023 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE COLLEGE OF EASTERN IDAHO; AMENDING SECTION 33-2208, IDAHO 3 CODE, TO CHANGE THE NAME OF EASTERN IDAHO TECHNICAL COLLEGE TO THE COLLEGE 4 OF EASTERN IDAHO AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 5 33-2209, IDAHO CODE, TO CHANGE THE NAME OF EASTERN IDAHO TECHNICAL COLLEGE 6 TO THE COLLEGE OF EASTERN IDAHO; AMENDING SECTION 33-2210, IDAHO CODE, TO 7 CHANGE THE NAME OF EASTERN IDAHO TECHNICAL COLLEGE TO THE COLLEGE OF EAST- 8 ERN IDAHO; AMENDING SECTION 33-2211, IDAHO CODE, TO CHANGE THE NAME OF 9 EASTERN IDAHO TECHNICAL COLLEGE TO THE COLLEGE OF EASTERN IDAHO AND TO 10 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2212, IDAHO CODE, TO 11 CHANGE THE NAME OF EASTERN IDAHO TECHNICAL COLLEGE TO THE COLLEGE OF EAST- 12 ERN IDAHO; AND AMENDING SECTION 33-107B, IDAHO CODE, TO PROVIDE REFERENCE 13 TO THE COLLEGE OF EASTERN IDAHO AND TO MAKE TECHNICAL CORRECTIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 33-2208, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-2208. COLLEGE OF EASTERN IDAHOTECHNICAL COLLEGECREATED. There is 18 hereby established in BonnevilleCcounty, Idaho, a postsecondary technical 19 college to be designated and known as the College of Eastern Idaho,Technical20College,consisting of such professional-technical training programs, includ- 21 ing academic courses necessarily included in such programs as the state board 22 for professional-technical education may, from time to time, authorize. 23 SECTION 2. That Section 33-2209, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 33-2209. COLLEGE IS BODY POLITIC AND CORPORATE -- SEAL -- POWER TO SUE 26 AND BE SUED. TheEastern Idaho TechnicalCollege of Eastern Idaho is hereby 27 declared to be a body politic and corporate, with its own seal and having 28 power to sue and be sued in its own name. The general supervision, government 29 and control of theEastern Idaho TechnicalCollege of Eastern Idaho is vested 30 in the state board for professional-technical education of the state of Idaho. 31 SECTION 3. That Section 33-2210, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 33-2210. PROGRAMS AND COURSES OFFERED -- CERTIFICATES AND DEGREES. The 34Eastern Idaho TechnicalCollege of Eastern Idaho shall offer and give instruc- 35 tion in professional-technical programs or courses as approved by the state 36 board for professional-technical education. Such courses or programs may be 37 given or conducted on or off campus, or in night school, summer school, or by 38 extension courses. The state board for professional-technical education shall 39 grant certificates or associate of applied science degrees for successful com- 2 1 pletion of courses or programs prescribed by the college. 2 SECTION 4. That Section 33-2211, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 33-2211. POWERS OF STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION. The 5 state board for professional-technical education shall have the power: 6 (1.) To adopt rules for its own government and the government of the 7Eastern Idaho TechnicalCollege of Eastern Idaho; 8 (2.) To employ professional and nonprofessional persons and to prescribe 9 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 convey and transfer real property of the college upon which no 17 buildings used for instruction are situated, to nonprofit corporations, school 18 districts, community college housing commissions, counties or municipalities, 19 with or without consideration; to rent real or personal property for the use 20 of the college, its students or faculty, for such terms as may be determined 21 by the state board for professional-technical education; and to lease real or 22 personal property of the college not actually in use for instructional pur- 23 poses on such terms as may be determined by the state board for professional- 24 technical education; 25 (7.) To acquire, hold, and dispose of, water rights; 26 (8.) To accept grants or gifts of money, materials, or property of any 27 kind from any governmental agency, or from any person, firm, or association, 28 on such terms as may be determined by the grantor; 29 (9.) To cooperate with any governmental agency, or any person, firm or 30 association in the conduct of any educational program; to accept grants from 31 any source for the conduct of such program, and to conduct such program on, or 32 off, campus; 33 (10.) To employ a president of the college and, with his advice, to 34 appoint such assistants, instructors, specialists and other employees as are 35 required for the operation of the college; to fix salaries and prescribe 36 duties; and to remove the president or any other employee for cause; 37 (11.) With the advice of the president, to prescribe the courses and pro- 38 grams of study, the requirements for admission, the time and standards for 39 completion of such courses and programs, and to grant certificates or associ- 40 ate of applied science degrees for those students entitled thereto; 41 (12.) To employ architects or engineers in planning the construction, 42 remodeling or repair of any building or property and, whenever no other agency 43 is designated by law so to do, to let contracts for such construction, remod- 44 eling or repair and to supervise the work thereof; 45 (13.) To have at all times, general supervision and control of all prop- 46 erty, real and personal, appertaining to the college, and to insure the same. 47 SECTION 5. That Section 33-2212, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 33-2212. CREATION OF ADVISORY COUNCIL -- MEMBERS -- COMPENSATION. The 50 state board for professional-technical education may appoint an advisory coun- 51 cil consisting of not less than twelve (12) nor more than fifteen (15) persons 3 1 to offer counsel and advice in the organization, establishment and conduct of 2 theEastern Idaho TechnicalCollege of Eastern Idaho. Members of the council 3 will serve without salary but shall be compensated as provided by section 4 59-509(b), Idaho Code. Members of said council shall be appointed from as 5 nearly as is practicable the vocational area to be served by theEastern Idaho6TechnicalCollege of Eastern Idaho as determined by the state board for 7 professional-technical education. 8 SECTION 6. That Section 33-107B, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-107B. BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR COMMUNITY 11 COLLEGES AND POSTSECONDARY PROFESSIONAL-TECHNICAL EDUCATION INSTITUTIONS. (1) 12 The state board of education may establish an optional retirement program 13 under which contracts providing retirement and death benefits may be purchased 14 for members of the teaching staff and officers of community colleges and post- 15 secondary professional-technical education institutions, includingnNorth 16 IdahocCollege,cCollege ofsSouthern Idaho andeastern Idaho technical17cCollege of Eastern Idaho, hired on or after July 1, 1997; provided however, 18 that no such employee shall be eligible to participate in an optional retire- 19 ment program unless he would otherwise be eligible for membership in the pub- 20 lic employee retirement system of Idaho. The benefits to be provided for or on 21 behalf of participants in an optional retirement program shall be provided 22 through annuity contracts or certificates, fixed or variable in nature, or a 23 combination thereof, whose benefits are owned by the participants in the pro- 24 gram. 25 (2) The state board of education is hereby authorized to provide for the 26 administration of the optional retirement program and to perform or authorize 27 the performance of such functions as may be necessary for such purposes. The 28 board shall designate the company or companies from which contracts are to be 29 purchased under the optional retirement program and shall approve the form and 30 contents of such contracts. In making the designation and giving approval, 31 the board shall consider: 32 (a) The nature and extent of the rights and benefits to be provided by 33 such contracts for participants and their beneficiaries; 34 (b) The relation of such rights and benefits to the amount of contribu- 35 tions to be made; 36 (c) The suitability of such rights and benefits to the needs of the par- 37 ticipants and the interests of the institutions in the recruitment and 38 retention of staff members; and 39 (d) The ability of the designated company to provide such suitable rights 40 and benefits under such contracts. 41 (3) Elections to participate in an optional retirement program shall be 42 as follows: 43 (a) Eligible employees are the teaching staff and officers initially 44 appointed or hired on or after the effective date of this chapter. All 45 eligible employees, except those who are vested members of the public 46 employee retirement system of Idaho, shall participate in the optional 47 retirement program. 48 (b) Eligible employees who are vested members of the public employee 49 retirement system of Idaho may make a one (1) time irrevocable election to 50 transfer to the optional retirement program. The election shall be made in 51 writing and within sixty (60) days of the date of initial hire or appoint- 52 ment, or one hundred fifty (150) days after the effective date of this 53 chapter, whichever occurs later. The election shall be filed with the 4 1 administrative officer of the employing institution. The election shall 2 be effective not later than the first day of the second pay period follow- 3 ing the date of the election. 4 (c) Teaching staff and officers employed by the institution the day 5 before the effective date of this chapter may make a one (1) time irrevo- 6 cable election to participate in the optional retirement program. The 7 election shall be made in writing and within one hundred fifty (150) days 8 after the effective date of this chapter. The election shall be filed with 9 the administrative officer of the employing institution. The election 10 shall be effective not later than the first day of the second pay period 11 following the date of the election. 12 (d) The accumulated contributions of employees who make the one (1) time 13 irrevocable election or are required to participate in the optional 14 retirement program may be transferred by the public employee retirement 15 system of Idaho to such qualified plan, maintained under the optional 16 retirement program, as designated in writing by the employee. 17 (e) An election by an eligible employee of the optional retirement pro- 18 gram shall be irrevocable and shall be accompanied by an appropriate 19 application, where required, for issuance of a contract or contracts under 20 the program. 21 (4) (a) Each institution shall contribute on behalf of each participant 22 in its optional retirement program the following: 23 (i) To the designated company or companies, an amount equal to 24 seven and eighty-one hundredths percent (7.81%) of each participant's 25 salary, reduced by any amount necessary, if any, to provide contribu- 26 tions to a total disability program provided either by the state or 27 by a private insurance carrier licensed and authorized to provide 28 such benefits, or any combination thereof, but in no event less than 29 five percent (5%) of each participant's salary; and 30 (ii) To the public employee retirement system, an amount equal to 31 three and eighty-three hundredths percent (3.83%) of salaries of mem- 32 bers who are participants in the optional retirement program. This 33 amount shall be paid until July 1, 2011 and is in lieu of amortiza- 34 tion payments and withdrawal contributions required pursuant to chap- 35 ter 13, title 59, Idaho Code. 36 (b) For the purposes of section 59-1322, Idaho Code, the term "projected 37 salaries" shall include the sum of the annual salaries of all participants 38 in the optional retirement program established pursuant to this section. 39 (c) Each participant shall contribute an amount equal to six and ninety- 40 seven hundredths percent (6.97%). Employee contributions may be made by 41 employer pick-up pursuant to section 59-1332, Idaho Code. 42 (5) Any person participating in the optional retirement program shall be 43 ineligible for membership in the public employee retirement system of Idaho so 44 long as he remains continuously employed in any teaching staff position or as 45 an officer with any of the institutions under the jurisdiction of the state 46 board of education. 47 (6) A retirement, death or other benefit shall not be paid by the state 48 of Idaho or the state board of education for services credited under the 49 optional retirement program. Such benefits are payable to participants or 50 their beneficiaries only by the designated company or companies in accordance 51 with the terms of the contracts.
STATEMENT OF PURPOSE RS 12405 The purpose of this legislation is to provide for the name change of Eastern Idaho Technical college to the College of Eastern Idaho. The legislation does not amend or modify any of the statutory limitations of programs and courses offered. FISCAL IMPACT It is projected that the fiscal impact would be the cost of signature and letterhead changes. The college contemplates absorption of the same through it s normal curriculum budget. No further fiscal impact is contemplated. Contact Name: Senators Bart M. Davis and Mel Richardson or Representative Lee Gagner Phone: 332-1305, 332-1358, 332-1221 respectively STATEMENT OF PURPOSE/FISCAL NOTE S 1023