2003 Legislation
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SENATE BILL NO. 1023 – East ID Techn College/name changed

SENATE BILL NO. 1023

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN 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 IDAHO TECHNICAL  COLLEGE  CREATED.  There  is
 18    hereby  established  in  Bonneville  Ccounty, Idaho, a postsecondary technical
 19    college to be designated and known as the College of Eastern Idaho,  Technical
 20    College,  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.  The Eastern Idaho Technical College 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 the Eastern Idaho Technical College 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
 34    Eastern Idaho Technical College 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
  7    Eastern Idaho Technical College 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    the Eastern Idaho Technical College 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 the Eastern Idaho
  6    Technical  College  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,  including  nNorth
 16    Idaho  cCollege,  cCollege  of  sSouthern  Idaho  and  eastern Idaho technical
 17    cCollege 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 / Fiscal Impact


                       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