2004 Legislation
Print Friendly

HOUSE BILL NO. 717 – Community college tuitn/nondistrict


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

H0717...............................................by REVENUE AND TAXATION
COMMUNITY COLLEGE - TUITION - Amends existing law relating to community
colleges and tuition payments by a resident county to revise the liability
limits of a county which is liable for out of district tuition.
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to Rev/Tax

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 717
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
  5        CORRECTIONS.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 33-2110A, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
 10    OTHER FINANCIAL SUPPORT. (1) Any student residing in the area of a county out-
 11    side of a community college district or in a county without a  community  col-
 12    lege  district,  who has been a resident of the county and state as defined by
 13    section 33-2110B, Idaho Code, immediately prior  to  the  date  of  his  first
 14    enrollment  in  a community college, which residence may not be acquired while
 15    attending and enrolled in a community college, may  enroll  in  any  community
 16    college  in  the state, and the county of his residence shall pay that portion
 17    of his tuition as hereinafter set out. The tuition which shall be paid by  the
 18    resident  county shall be that portion of the tuition uniformly established by
 19    a community college district for all out of district students, both  in  state
 20    as  well  as  out  of  state,  pursuant  to section 33-2110, Idaho Code, after
 21    deducting therefrom the amount of tuition paid by a resident  student  at  the
 22    community  college;  however,  the  liability of the resident county shall not
 23    exceed two-thirds (2/3) the total tuition and fees charged and in no  instance
 24    shall it exceed five hundred dollars ($500) each semester for a two (2) semes-
 25    ter  year  for a full-time student. The student shall pay the tuition and fees
 26    charged a student resident in the district, and the balance, if  any,  of  the
 27    nonresident  student  tuition above the maximum liability of the county of his
 28    residence. No county shall be liable for out of district  tuition  unless  the
 29    board  of county commissioners of that county has first verified to the commu-
 30    nity college in writing the fact that the student is a resident of the county.
 31    Upon verification, the county shall thereafter be liable for the out  of  dis-
 32    trict  tuition  so long as the student is duly enrolled and attending the col-
 33    lege subject to the following limitations:
 34        (a)  Liability shall be for six (6) semesters or the term of the  curricu-
 35        lum  for which the student is enrolled, whichever is lesser with a maximum
 36        liability of three thousand dollars ($3,000).
 37        (b)  Liability shall terminate  if  the  student's  domiciliary  residence
 38        changes and that change continues for twelve (12) months.
 39        (2)  The  nonresident tuition shall be established annually not later than
 40    August 1st and shall be forthwith filed with the  state  board  of  education,
 41    together  with  a statement supporting the computation thereof. Each community
 42    college, by September 30 and March 1 of each year, shall bill  the  county  of
 43    residence  of  each  nonresident  student enrolled at the commencement of each
  1    semester, and each board of county commissioners shall allow  and  order  paid
  2    any  bill  for  tuition  at the first regular meeting following receipt of the
  3    bill, but not exceeding forty-five (45) days after receipt. Upon failure of  a
  4    county to pay the tuition, a community college district may commence action in
  5    the district court of the state of Idaho for the county to collect the same.
  6        (3)  For  the  payment  of  tuition of nonresident students as herein pro-
  7    vided, there shall be allocated in each county  without  a  community  college
  8    district  to a county community college fund, and paid to the county treasurer
  9    to be held in that fund, fifty per cent percent (50%)  of  all  moneys  appor-
 10    tioned to the county out of liquor funds of the state of Idaho as set forth in
 11    chapter  4,  title  23, Idaho Code, and that amount shall be deducted from the
 12    amount that would otherwise be allocated to the county; and  if  liquor  funds
 13    are  not sufficient to pay the tuition, commencing for the calendar year 1966,
 14    the board of county commissioners shall levy upon the taxable property  within
 15    each county without a community college district, and, in a county with such a
 16    district,  upon  the  taxable  property within the county lying outside of the
 17    community college district, an ad valorem a property tax  not  to  exceed  six
 18    hundredths per cent percent (.06%) of market value for assessment purposes, to
 19    be  certified  as  set out in section 33-2111, Idaho Code. The proceeds of the
 20    levy shall be placed in the county community college  fund.  Apportionment  of
 21    liquor funds herein provided shall commence for the fiscal quarter ending Sep-
 22    tember 30, 1965, and accruing during that quarter.
 23        (4)  Based upon the enrollment established by the first semester's tuition
 24    bills received by September 30, the board of county commissioners shall estab-
 25    lish  immediately  a total community college annual tuition budget for two (2)
 26    semesters which shall be equal to twice the amount of the tuition bills plus a
 27    contingency factor of ten  per  cent  percent  (10%).  This  budget  shall  be
 28    adjusted  after  March 1 based on any change of enrollment shown by the second
 29    semester tuition bills. If enrollment is from none to not more than  four  (4)
 30    students, a minimum budget of five (5) students at five hundred dollars ($500)
 31    each  shall  be established. In the event all tuition bills received have been
 32    paid, notwithstanding  any  other  provision  hereof,  (a)  any  liquor  funds
 33    received,  which  in  the quarter when received to any extent are in excess of
 34    the budget, to the extent of that excess shall not be paid over to the  county
 35    treasurer to be held in the community college fund, and (b) any funds received
 36    from  the  levy  on taxable property, which when received to any extent are in
 37    excess of the budget after the application of liquor  funds  thereto,  to  the
 38    extent  of  that  excess shall not be paid over to the community college fund.
 39    Excess liquor funds shall be paid pursuant to law as if this section were  not
 40    applicable  and  excess funds shall be paid to the general fund of the county.
 41    In the event the total liquor fund payable hereunder to the  county  community
 42    college  fund together with the receipts from the levy on taxable property for
 43    each fiscal year are insufficient to pay tuition bills,  which  deficiency  is
 44    caused  by a levy of less than the maximum allowed hereunder, or by enrollment
 45    in excess of the budget herein provided, the budget for  each  following  year
 46    shall  be  increased to the maximum allowed by the maximum tax levy authorized
 47    to pay any deficiency at the earliest time. If the deficiency is  due  to  the
 48    lack  of  funds  in  a fiscal year when the maximum levy authorized shall have
 49    been made, for the next fiscal year thereafter the  number  of  students  from
 50    that  county  shall  be  limited  by  the board of county commissioners to the
 51    extent necessary to pay the deficiency not later than the end of the following
 52    year. Provided nevertheless, for the two (2) semesters  commencing  September,
 53    1965, the board of county commissioners shall limit the community college bud-
 54    get  and  total students to estimated liquor funds available on quarterly dis-
 55    bursements through June 30, 1966. Any limitation of students authorized  shall
  1    be accomplished (a) on the basis of student grades and financial need, and (b)
  2    by  each community college notifying the county of residence of each student's
  3    application and the county shall accept or reject  the  application  at  least
  4    five  (5)  days prior to the tuition billing dates set out herein. A community
  5    college shall nevertheless have a right to require any student  residing  out-
  6    side the district to pay nonresident tuition if the county of his residence is
  7    more  than  twenty-five  per  cent  percent (25%) in arrears of a total county
  8    tuition bill for one (1) year as of the beginning of the subsequent  semester,
  9    but tuition shall be refunded to such students when paid by the county.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 13882

Currently Idaho Code allows that counties pay a portion of a
resident student's community college tuition not to exceed $500
each semester for a two semester year for a full time student up
to six semesters which would be a total of $3,000.00 (three
thousand dollars).
The purpose of this legislation is to recognize that community
college students today do not necessarily complete their
education within six semesters, because they often have to work
for a living while working towards a college degree.
This legislation leaves the county exposure cap at $3,000.00 but
would allow a longer period of time for students to complete
their community college courses.

                            FISCAL IMPACT

The legislation leaves in place the current cap of $3,000.00.
However, it is possible that this change could attract more
students into community college courses thus expanding the
counties overall budget.  This cost could be offset though
because students completing college courses can increase their
income earning potential thus increasing their ability to pay 
taxes and contributions to the counties overall economy.

Contact: Boundary County Commissioners (208)267-7723
Name: Sen. Shawn Keough 332-1000
      Rep. Eskridge 332-1000
      Rep. John Campbell 332-1000