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H0103...................................................by LOCAL GOVERNMENT
COMMUNITY COLLEGES - Amends existing law to provide that a county's
liability for a resident of the county for out of district tuition to a
publicly funded Idaho community college shall be for the term of the
curriculum for which the student is enrolled with a maximum lifetime
liability of three thousand dollars; and to provide date changes.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Loc Gov
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie(Telleria), Snodgrass,
Stevenson, Trail, Wills
NAYS -- None
Absent and excused -- Sali, Wood, Mr. Speaker
Floor Sponsor - Eskridge
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Loc Gov
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Schroeder,
Stegner, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Pearce, Richardson, Stennett
Floor Sponsor - Keough
Title apvd - to House
03/02 To enrol
03/03 Rpt enrol - Sp signed
03/04 Pres signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 42
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 103
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2110A, IDAHO CODE, TO PRO-
3 VIDE THAT A COUNTY'S LIABILITY FOR A RESIDENT OF THE COUNTY FOR OUT OF
4 DISTRICT TUITION TO A COMMUNITY COLLEGE SHALL BE FOR THE TERM OF THE CUR-
5 RICULUM FOR WHICH THE STUDENT IS ENROLLED WITH A MAXIMUM LIFETIME LIABIL-
6 ITY OF THREE THOUSAND DOLLARS, TO PROVIDE DATE CHANGES AND TO MAKE TECHNI-
7 CAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-2110A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-2110A. TUITION OF OUT OF DISTRICT IDAHO STUDENTS, COUNTY TAXES AND
12 OTHER FINANCIAL SUPPORT. (1) Any student residing in the area of a county out-
13 side of a community college district or in a county without a community col-
14 lege district, who has been a resident of the county and state as defined by
15 section 33-2110B, Idaho Code, immediately prior to the date of his first
16 enrollment in a community college, which residence may not be acquired while
17 attending and enrolled in a community college, may enroll in any community
18 college in the state, and the county of his residence shall pay that portion
19 of his tuition as hereinafter set out. The tuition which shall be paid by the
20 resident county shall be that portion of the tuition uniformly established by
21 a community college district for all out of district students, both in state
22 as well as out of state, pursuant to section 33-2110, Idaho Code, after
23 deducting therefrom the amount of tuition paid by a resident student at the
24 community college; however, the liability of the resident county shall not
25 exceed two-thirds (2/3) of the total tuition and fees charged and in no
26 instance shall it exceed five hundred dollars ($500) each semester for a two
27 (2) semester year for a full-time student. The student shall pay the tuition
28 and fees charged a student resident in the district, and the balance, if any,
29 of the nonresident student tuition above the maximum liability of the county
30 of his residence. No county shall be liable for out of district tuition unless
31 the board of county commissioners of that county has first verified to the
32 community college in writing the fact that the student is a resident of the
33 county. Upon verification, the county shall thereafter be liable for the out
34 of district tuition so long as the student is duly enrolled and attending the
35 college subject to the following limitations:
36 (a) Liability shall be for six (6) semesters or the term of the curricu-
37 lum for which the student is enrolled, whichever is lesser with a maximum
38 lifetime liability of three thousand dollars ($3,000).
39 (b) Liability shall terminate if the student's domiciliary residence
40 changes and that change continues for twelve (12) months.
41 (2) The nonresident tuition shall be established annually not later than
42 August 1st and shall be forthwith filed with the state board of education,
43 together with a statement supporting the computation thereof. Each community
2
1 college, by September 30 October 15 and March 15 of each year, shall bill the
2 county of residence of each nonresident student enrolled at the commencement
3 of each semester, and each board of county commissioners shall allow and order
4 paid any bill for tuition at the first regular meeting following receipt of
5 the bill, but not exceeding forty-five (45) days after receipt. Upon failure
6 of a county to pay the tuition, a community college district may commence
7 action in the district court of the state of Idaho for the county to collect
8 the same.
9 (3) For the payment of tuition of nonresident students as herein pro-
10 vided, there shall be allocated in each county without a community college
11 district to a county community college fund, and paid to the county treasurer
12 to be held in that fund, fifty per cent percent (50%) of all moneys appor-
13 tioned to the county out of liquor funds of the state of Idaho as set forth in
14 chapter 4, title 23, Idaho Code, and that amount shall be deducted from the
15 amount that would otherwise be allocated to the county; and if liquor funds
16 are not sufficient to pay the tuition, commencing for the calendar year 1966,
17 the board of county commissioners shall levy upon the taxable property within
18 each county without a community college district, and, in a county with such a
19 district, upon the taxable property within the county lying outside of the
20 community college district, an ad valorem a property tax not to exceed six
21 hundredths per cent percent (.06%) of market value for assessment purposes, to
22 be certified as set out in section 33-2111, Idaho Code. The proceeds of the
23 levy shall be placed in the county community college fund. Apportionment of
24 liquor funds herein provided shall commence for the fiscal quarter ending Sep-
25 tember 30, 1965, and accruing during that quarter.
26 (4) Based upon the enrollment established by the first semester's tuition
27 bills received by September 30 October 15, the board of county commissioners
28 shall establish immediately a total community college annual tuition budget
29 for two (2) semesters which shall be equal to twice the amount of the tuition
30 bills plus a contingency factor of ten per cent percent (10%). This budget
31 shall be adjusted after March 15 based on any change of enrollment shown by
32 the second semester tuition bills. If enrollment is from none zero to not more
33 than four (4) students, a minimum budget of five (5) students at five hundred
34 dollars ($500) each shall be established. In the event all tuition bills
35 received have been paid, notwithstanding any other provision hereof, (a) any
36 liquor funds received, which in the quarter when received to any extent are in
37 excess of the budget, to the extent of that excess shall not be paid over to
38 the county treasurer to be held in the community college fund, and (b) any
39 funds received from the levy on taxable property, which when received to any
40 extent are in excess of the budget after the application of liquor funds
41 thereto, to the extent of that excess shall not be paid over to the community
42 college fund. Excess liquor funds shall be paid pursuant to law as if this
43 section were not applicable and excess funds shall be paid to the general fund
44 of the county. In the event the total liquor fund payable hereunder to the
45 county community college fund together with the receipts from the levy on tax-
46 able property for each fiscal year are insufficient to pay tuition bills,
47 which deficiency is caused by a levy of less than the maximum allowed hereun-
48 der, or by enrollment in excess of the budget herein provided, the budget for
49 each following year shall be increased to the maximum allowed by the maximum
50 tax levy authorized to pay any deficiency at the earliest time. If the defi-
51 ciency is due to the lack of funds in a fiscal year when the maximum levy
52 authorized shall have been made, for the next fiscal year thereafter the num-
53 ber of students from that county shall be limited by the board of county com-
54 missioners to the extent necessary to pay the deficiency not later than the
55 end of the following year. Provided nevertheless, for the two (2) semesters
3
1 commencing September, 1965, the board of county commissioners shall limit the
2 community college budget and total students to estimated liquor funds avail-
3 able on quarterly disbursements through June 30, 1966. Any limitation of stu-
4 dents authorized shall be accomplished (a) on the basis of student grades and
5 financial need, and (b) by each community college notifying the county of res-
6 idence of each student's application and the county shall accept or reject the
7 application at least five (5) days prior to the tuition billing dates set out
8 herein. A community college shall nevertheless have a right to require any
9 student residing outside the district to pay nonresident tuition if the county
10 of his residence is more than twenty-five per cent percent (25%) in arrears of
11 a total county tuition bill for one (1) year as of the beginning of the subse-
12 quent semester, but tuition shall be refunded to such students when paid by
13 the county.
STATEMENT OF PURPOSE
RS 14637C1
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 $3000.00 (three thousand
dollars). The purpose of this legislation is to recognize that
community college students today do not always 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 at a $3000.00 (three thousand dollars)
lifetime cap but would allow a longer period of time for students
to complete their community college courses, thus deleting the six
semester cap. This legislation would also extend the time when the
community colleges submit the enrollment information to the county
commissioners, by an additional fifteen days, thus still remaining
within the current county fiscal year.
FISCAL NOTE
This legislation leaves in place the current cap of $3000.00.
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 by students completing
college courses and thereby increasing their income earning
potential, thus increasing their ability to pay taxes and
contributions to the counties' overall economy.
Contact
Name: Dan Chadwick, Tony Poinelli, Kerry Ellen Elliott, Maggie
Colwell, IAC
Phone: 208-345-9126
Senator Shawn Keough - 208-332-1000
Representative George Eskridge - 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 103