2005 Legislation
Print Friendly

HOUSE BILL NO. 103 – Comm college/out-of-district tuiton


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

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

Bill Text

  ]]]]              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
  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:
 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
  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
  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 / Fiscal Impact

                       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.

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