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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 - 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
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