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H0740..........................................................by EDUCATION
COMMUNITY COLLEGES - Adds to, repeals and amends existing law to establish
a statewide community college system; and to provide for an election by the
voters of the North Idaho College and the College of Southern Idaho
districts on whether they want to join the system or keep their existing
districts and continue levying a property tax.
02/27 House intro - 1st rdg - to printing
02/28 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 740
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 33-2101, IDAHO CODE, TO PRO-
3 VIDE FOR FIVE COMMUNITY COLLEGE AREAS IN THE STATE, TO SPECIFY COUNTIES IN
4 THE AREAS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-2102,
5 IDAHO CODE, TO PROVIDE FOR A STATE COMMUNITY COLLEGE SYSTEM; REPEALING
6 SECTION 33-2103, IDAHO CODE, RELATING TO MINIMUM REQUIREMENTS TO FORM A
7 JUNIOR COLLEGE DISTRICT, REPEALING SECTION 33-2104, IDAHO CODE, RELATING
8 TO FORMATION OF JUNIOR COLLEGE DISTRICTS, REPEALING SECTION 33-2105, IDAHO
9 CODE, RELATING TO ADDITION OF TERRITORY TO JUNIOR COLLEGE DISTRICTS,
10 REPEALING SECTION 33-2107A, IDAHO CODE, RELATING TO ESTABLISHMENT AND
11 OPERATION OF THIRD AND FOURTH YEAR COLLEGE CURRICULUM IN JUNIOR COLLEGE
12 DISTRICTS, REPEALING SECTION 33-2107B, IDAHO CODE, RELATING TO POWERS OF
13 DISTRICTS AND REPEALING SECTION 33-2107C, IDAHO CODE, RELATING TO DEFINI-
14 TION OF URBAN AREA DISTRICTS EMPOWERED TO CREATE UPPER DIVISIONS; AMENDING
15 CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
16 33-2103, IDAHO CODE, TO CONFIRM NORTH IDAHO COLLEGE AND COLLEGE OF SOUTH-
17 ERN IDAHO AND TO CREATE THE COMMUNITY COLLEGE DIVISION OF LEWIS-CLARK
18 STATE COLLEGE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION
19 OF A NEW SECTION 33-2104, IDAHO CODE, TO RECOGNIZE AND CONFIRM EASTERN
20 IDAHO COMMUNITY COLLEGE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE
21 ADDITION OF A NEW SECTION 33-2105, IDAHO CODE, TO ESTABLISH SOUTHWESTERN
22 IDAHO COMMUNITY COLLEGE; AMENDING SECTION 33-2106, IDAHO CODE, TO PROVIDE
23 FOR TRUSTEES OF COMMUNITY COLLEGES THAT LEVY A PROPERTY TAX AND TO MAKE
24 TECHNICAL CORRECTIONS; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE
25 ADDITION OF A NEW SECTION 33-2106A, IDAHO CODE, TO PROVIDE FOR AN ELECTION
26 FOR CONTINUATION OF PROPERTY TAX LEVIES WITHIN THE COMMUNITY COLLEGE DIS-
27 TRICTS FOR NORTH IDAHO COLLEGE AND COLLEGE OF SOUTHERN IDAHO; AMENDING
28 SECTION 33-2107, IDAHO CODE, TO PROVIDE GENERAL POWERS AND DUTIES OF THE
29 BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE THAT IS AUTHORIZED TO LEVY A
30 PROPERTY TAX AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 21, TITLE
31 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2107A, IDAHO CODE, TO
32 PROVIDE FOR APPOINTMENT OF A BOARD OF TRUSTEES OF COMMUNITY COLLEGES NOT
33 AUTHORIZED TO LEVY A PROPERTY TAX; AMENDING CHAPTER 21, TITLE 33, IDAHO
34 CODE, BY THE ADDITION OF A NEW SECTION 33-2107B, IDAHO CODE, TO PROVIDE
35 GENERAL POWERS OF THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE THAT DOES
36 NOT LEVY A PROPERTY TAX; AMENDING SECTION 33-2108, IDAHO CODE, TO PROVIDE
37 THAT ALL COMMUNITY COLLEGES ARE PUBLIC CORPORATIONS; AMENDING SECTION
38 33-2109, IDAHO CODE, TO CLARIFY THAT THE BOARD OF TRUSTEES OF A COMMUNITY
39 COLLEGE THAT IS AUTHORIZED TO LEVY A PROPERTY TAX SHALL ELECT A PRESIDENT
40 OF THE COLLEGE; AMENDING SECTION 33-2109A, IDAHO CODE, TO MAKE TECHNICAL
41 CORRECTIONS; AMENDING SECTION 33-2110, IDAHO CODE, TO PROVIDE TUITION FOR
42 ALL COMMUNITY COLLEGES; AMENDING SECTION 33-2110A, IDAHO CODE, TO PROVIDE
43 FOR TUITION FOR OUT OF DISTRICT OR OUT OF AREA IDAHO STUDENTS AND TO PRO-
44 VIDE FOR COUNTY TAXES TO PAY FOR THE TUITION; AMENDING SECTION 33-2110B,
45 IDAHO CODE, TO REVISE RESIDENCY PROVISIONS AND TO MAKE TECHNICAL CORREC-
46 TIONS; AMENDING SECTION 33-2111, IDAHO CODE, TO CLARIFY THAT PROPERTY
2
1 TAXES MAY BE LEVIED IN THE TWO COMMUNITY COLLEGE DISTRICTS IF APPROVED BY
2 THE VOTERS OF THE DISTRICT AT THE NOVEMBER 2006 ELECTION; AMENDING SECTION
3 33-2112, IDAHO CODE, TO AUTHORIZE A GYMNASIUM AND GROUNDS LEVY BY A COMMU-
4 NITY COLLEGE DISTRICT THAT IS AUTHORIZED TO LEVY A PROPERTY TAX; AMENDING
5 SECTION 33-2139, IDAHO CODE, TO CREATE THE STATE COMMUNITY COLLEGE FUND IN
6 THE STATE TREASURY; AMENDING SECTION 33-2141, IDAHO CODE, TO MAKE TECHNI-
7 CAL CORRECTIONS; AMENDING SECTION 33-2142, IDAHO CODE, TO MAKE TECHNICAL
8 CORRECTIONS; AMENDING SECTION 33-2144, IDAHO CODE, TO MAKE TECHNICAL COR-
9 RECTIONS AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING CHAPTER 21,
10 TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2145, IDAHO
11 CODE, TO PROVIDE FOR CALCULATION OF SALES TAX MONEYS THAT SHALL BE REMIT-
12 TED TO THE COMMUNITY COLLEGE FUND AND TO PROVIDE FOR A DECREASE IN THE
13 AMOUNT IF A COMMUNITY COLLEGE VOTES TO RETAIN ITS PROPERTY TAX LEVY; AND
14 AMENDING SECTION 63-3638, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF SALES
15 TAX MONEYS TO THE COMMUNITY COLLEGE FUND.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 33-2101, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 33-2101. JUNIOR COMMUNITY COLLEGE DISTRICTS, APPROVALS, BOUNDARIES OF
20 JUNIOR COLLEGE SYSTEM AREAS. Junior college districts may be formed and orga-
21 nized in accordance with the provisions of this chapter, and junior colleges
22 maintained therein shall be intermediate institutions of higher education
23 above grade twelve (12).
24 To provide for the orderly establishment and growth of junior colleges,
25 facilitate an efficient delivery of services through the community colleges
26 system, a statewide system of six five (5) junior community college areas is
27 hereby created, as hereafter described. The State Board of Education shall
28 only approve the existence of one centrally located district in any area until
29 the enrollment of such junior college therein exceeds 1000 full time day stu-
30 dents a year from within the area.
31 The boundaries of junior college areas hereby created may be changed by
32 the State Board of Education upon 30 days notice to the boards of trustees of
33 each school district in each of the junior college areas affected and upon
34 public hearing. No change shall be made to place more than one existing junior
35 college in an area. Notice of any boundary change shall forthwith be filed
36 with the board of county commissioners of each county affected.
37 Area No. 1 shall comprise the territory of the counties of Benewah, Bon-
38 ner, Boundary, Kootenai and Shoshone.
39 Area No. 2 shall comprise the territory of the counties of Clearwater,
40 Idaho, Latah, Lewis and Nez Perce.
41 Area No. 3 shall comprise the territory of the counties of Ada, Adams,
42 Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley, and Washington., that
43 portion of Elmore County lying generally west of a line described as follows:
44 Beginning at the junction of the boundary line common to Blaine, Boise,
45 Custer and Elmore counties, thence proceeding in a general southerly
46 direction along the boundaries of Blaine and Elmore counties and Blaine
47 and Camas counties to the northeast corner of Section 1, T. 1 S., R. 11
48 E., B.M.; thence west 3 miles to the northwest corner of Section 3, same
49 township and range; thence south 4 miles to the southwest corner of Sec-
50 tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles more
51 or less to the southwest corner of Section 19, T. 1 S., R. 9 E., B.M.;
52 thence south 2 miles to the southwest corner of Section 31, T. 1 S., R. 9
3
1 E., B.M.; thence west a distance of one and three-fourths (1 3/4) miles
2 more or less to a point where the south section line of Section 35, T. 1
3 S., R. 8 E., B.M., intersects Bennett Creek; thence in a southwesterly
4 direction down said Bennett Creek approximately 8 miles more or less to
5 the southwest corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south
6 along the section lines 5 miles to the southwest corner of Section 22, T.
7 3 S., R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec-
8 tion 30, T. 3 S., R. 8 E., B.M.; thence south along the section lines a
9 distance of 14 miles more or less to the Snake River which is also the
10 boundary between Elmore and Owyhee counties;
11 and that portion of Owyhee County lying generally west of a line described as
12 follows:
13 Beginning at the northwest corner of Section 33, T. 5 S., R. 7 E., B.M.,
14 which is on the boundary of Elmore and Owyhee counties, thence south along
15 the section lines 7 miles more or less to the southwest corner of Section
16 33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section
17 4, T. 7 S., R. 7 E., B.M.; thence south one and one-half (1 1/2) miles
18 more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.;
19 thence east along the section lines 10 miles more or less to the northeast
20 corner of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the
21 southeast corner of Section 36, T. 7 S., R. 8 E., B.M.; thence east
22 twenty-one and one-half (21 1/2) miles more or less to the north-south
23 center line of Section 3, T. 8 S., R. 12 E., B.M.; which is also the
24 boundary line of Twin Falls and Owyhee counties; thence south along said
25 boundary lines 36 miles to the township line between Townships 13 South
26 and 14 South, R. 12 E., B.M.; thence west along said township line twenty-
27 seven and one-half (27 1/2) miles more or less to the southwest corner of
28 Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section lines
29 17 miles more or less to the southwest corner of Section 30, T. 16 S., R.
30 8 E., B.M.; which is also the Nevada State Line.
31 Area No. 4 shall comprise the territory of the counties of Blaine, Camas,
32 Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls, and those portions
33 of the counties of Elmore and Owyhee not included in the description of Area
34 No. 3.
35 Area No. 5 shall comprise the territory of the counties of Bannock, Bear
36 Lake, Caribou, Franklin, Oneida, Power, and that portion of Bingham, County
37 lying west of a line described as follows:
38 Beginning at the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.;
39 which is also a point common to Jefferson, Bonneville and Bingham coun-
40 ties; thence due south on the section line a distance of eighteen (18)
41 miles to the southeast corner of Section 36, T. 1 N., R. 33 E., B.M.;
42 thence east on the township line a distance of five and one-half (5 1/2)
43 miles more or less to the north-south center line of Section 6, T. 1 S.,
44 R. 35 E., B.M.; thence south on the center section line a distance of six
45 (6) miles more or less to a point where said center line intersects the
46 east-west section line common to Section 6, T. 2 S., R. 35 E., B.M. and
47 Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a
48 distance of five and one-half (5 1/2) miles more or less to the northeast
49 corner of Section 1, T. 2 S., R. 35 E., B.M.; thence south one and one-
50 half (1 1/2) miles to the southwest corner of the northwest quarter of
51 Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less
52 to the Range line common to Ranges 36 and 37 E., B.M.; thence south on
53 said Range line two and one-quarter (2 1/4) miles more or less to its
54 point of intersection with the Blackfoot River; thence following the
55 Blackfoot River in a northeasterly and southeasterly direction to a point
4
1 where said river intersects the township line common to Bingham and Cari-
2 bou counties.
3 Area No. 6 shall comprise the territory of the counties of Bonneville,
4 Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton, and that
5 portion of Bingham County not included in the description of Area No. 5.
6 SECTION 2. That Section 33-2102, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-2102. COURSES OF STUDY COMMUNITY COLLEGE SYSTEM. Idaho and the nation
9 are being challenged by a mix of demographic, economic and technical changes.
10 Combined, these changes are driving the state toward a skilled workforce defi-
11 cit in both new and experienced workers. A workforce deficit threatens the
12 competitiveness of our state and acts as a barrier to individual opportunities
13 for all citizens. Increased community college services, accessible to all cit-
14 izens and designed to address new and emerging employment needs, will address
15 the growing deficits in the workforce and provide increased access to educa-
16 tional opportunities for Idaho citizens. The purpose of this act is to estab-
17 lish a statewide system of community colleges to serve all regions of the
18 state, allow the four (4) year academic institutions to concentrate on bacca-
19 laureate, graduate and postgraduate level students, establish southwestern
20 Idaho community college in the treasure valley and establish eastern Idaho
21 technical college as eastern Idaho community college. A community college
22 established pursuant to the provisions of this chapter shall give instruction
23 in academic subjects, professional-technical programs, workforce training pro-
24 grams, adult and other remedial and developmental subjects and in such
25 nonacademic other subjects as shall be authorized by its board of trustees.
26 The academic courses given and the instruction therein shall be of the
27 same standard as the same are given and taught in the first two (2) years of
28 any other state institution of higher education, and credits therefor shall be
29 accepted by other state institutions for credit toward a baccalaureate degree.
30 SECTION 3. That Sections 33-2103, 33-2104, 33-2105, 33-2107A, 33-2107B
31 and 33-2107C, Idaho Code, be, and the same are hereby repealed.
32 SECTION 4. That Chapter 21, Title 33, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 33-2103, Idaho Code, and to read as follows:
35 33-2103. NORTH IDAHO COMMUNITY COLLEGE AND COMMUNITY COLLEGE OF SOUTHERN
36 IDAHO CONFIRMED -- COMMUNITY COLLEGE DIVISION OF LEWIS-CLARK STATE COLLEGE
37 ESTABLISHED. The college now known as north Idaho college and located in
38 Kootenai county is hereby recognized and confirmed as the community college
39 serving area number 1. The college now known as college of southern Idaho and
40 located in Twin Falls and Jerome counties is hereby recognized and confirmed
41 as the community college serving area number 4. There is hereby created and
42 established within Lewis-Clark state college the community college division.
43 The community college division shall be established for the purposes of commu-
44 nity college service to area number 2.
45 SECTION 5. That Chapter 21, Title 33, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 33-2104, Idaho Code, and to read as follows:
48 33-2104. EASTERN IDAHO COMMUNITY COLLEGE. The college now known as east-
5
1 ern Idaho technical college and located in Bonneville county, is hereby recog-
2 nized and confirmed as eastern Idaho community college and is recognized as
3 the community college serving area 5. The college is hereby declared to be a
4 body politic and corporate, with its own seal and having power to sue and be
5 sued in its own name. The general supervision, government and control of east-
6 ern Idaho community college is vested in the board of trustees. The program
7 shall consist of a community college curriculum as provided in this chapter,
8 including a program of professional and technical training courses as may be
9 authorized.
10 SECTION 6. That Chapter 21, Title 33, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 33-2105, Idaho Code, and to read as follows:
13 33-2105. SOUTHWESTERN IDAHO COMMUNITY COLLEGE. There is hereby estab-
14 lished by the state board of education southwest Idaho community college serv-
15 ing area 3. The college is hereby declared to be a body politic and corporate,
16 with its own seal and having power to sue and be sued in its own name. The
17 general supervision, government and control of southwest Idaho community col-
18 lege is vested in the board of trustees. The program shall consist of a commu-
19 nity college curriculum as provided in this chapter, including a program of
20 professional and technical training courses as may be authorized.
21 SECTION 7. That Section 33-2106, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 33-2106. TRUSTEES OF JUNIOR COMMUNITY COLLEGES DISTRICTS THAT LEVY A
24 PROPERTY TAX. All community colleges that are authorized to levy a property
25 tax shall have a board of trustees as follows: tThe board of trustees of each
26 junior the community college district shall consist of five (5) school elec-
27 tors residing in the district community college district where the property
28 tax is levied who shall be appointed or elected as herein provided. Immedi-
29 ately following the establishment of a junior college district, tThe state
30 board of education shall appoint the members of the first board, or the addi-
31 tional members of an existing board for an initial term of two (2) years, who
32 shall serve until the election and qualification of their successors. At the
33 first election of trustees after the creation of a district, five (5) trustees
34 shall be elected; two (2) for terms of two (2) years each, two (2) for terms
35 of four (4) years each, and one (1) for a term of six (6) years. Thereafter
36 the successors of persons so elected shall be elected for terms of six (6)
37 years. The expiration of any term shall be at the regular meeting of the
38 trustees next following the election for the successor terms. Elections of
39 trustees of junior a community college districts shall be biennially in even-
40 numbered years, and shall be held on such uniform day of such uniform month as
41 the board of trustees shall determine. Vacancies on the board of trustees
42 shall be filled by appointment by the remaining members, but if by reason of
43 vacancies there remain on the board less than a majority of the required num-
44 ber of members, appointment to fill such vacancies shall be made by the state
45 board of education. Any person so appointed shall serve until the next trustee
46 election, at which time his successor shall be elected for the unexpired term.
47 The trustees shall take and subscribe the oath of office required in the case
48 of state officers and said oath shall be filed with the secretary of state.
49 Notice of the election, the conduct thereof, the qualification of electors
50 and the canvass of returns shall be as prescribed for the election of school
51 district trustees, and the board of trustees shall have and perform the duties
6
1 therein prescribed for the board of trustees of school districts. As a condi-
2 tion of voting, an elector shall execute an oath before a judge or clerk of
3 election to the effect that such elector is a school district elector and a
4 resident of the junior community college district.
5 The person or persons, equal in number to the number of trustees to be
6 elected for regular or unexpired terms, receiving the largest number of votes
7 shall be declared elected. An individual shall be a candidate for a specific
8 position of the board and each candidate must declare which position he seeks
9 on the board of trustees. If it be necessary to resolve a tie between two (2)
10 or more persons, the board of trustees shall determine by lot which thereof
11 shall be declared elected. The clerk of the board shall promptly notify any
12 person by mail of his election, inclosing enclosing a form of oath to be sub-
13 scribed by him as herein provided.
14 When elections held pursuant to this section coincide with other elections
15 held by the state of Idaho or any subdivision thereof, or any municipality or
16 school district, the board of trustees may make agreement with the body hold-
17 ing such election for joint boards of election and the payment of fees and
18 expenses of such boards of election on such proportionate basis as may be
19 agreed upon.
20 At its first meeting following the appointment of the first board of
21 trustees, and at the first regular meeting following any junior community col-
22 lege trustee election, the board shall organize, and shall elect one (1) of
23 its members chairman, one (1) a vice-chairman; and shall elect a secretary and
24 a treasurer, who may be members of the board; or one (1) person to serve as
25 secretary and treasurer, who may be a member of the board.
26 The board shall set a given day of a given week in each month as its regu-
27 lar meeting time. Three (3) members of the board shall constitute a quorum
28 for the transaction of official business.
29 The authority of trustees of junior community colleges districts shall be
30 limited in the manner prescribed in section 33-507, Idaho Code.
31 SECTION 8. That Chapter 21, Title 33, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 33-2106A, Idaho Code, and to read as follows:
34 33-2106A. ELECTION FOR CONTINUATION OF PROPERTY TAX LEVIES. (1) An elec-
35 tion shall be held in the community college district for north Idaho college
36 and college of southern Idaho at the general election in 2006 for the purpose
37 of determining whether the property tax authorized by section 33-2111, Idaho
38 Code, shall be continued. Electors who are registered to vote in the community
39 college district may vote in the election pursuant to this section. If a
40 majority of the voters voting at the general election in 2006 vote to remove
41 the property tax levy contained in section 33-2111, Idaho Code, that tax may
42 not be levied for tax year 2007 and beyond. If less than a majority of the
43 voters voting at the general election in 2006 vote to remove the property tax
44 levy contained in section 33-2111, Idaho Code, the tax authorized by that sec-
45 tion may continue to be levied.
46 (2) The question submitted to the voters at the election shall be: "Shall
47 the property tax authorized by Section 33-2111, Idaho Code, for the mainte-
48 nance and operation of (insert name) college continue to be levied? Yes....
49 No....?".
50 (3) The county clerk of each county shall submit the results of the elec-
51 tion to the board of county commissioners where the community college district
52 is located and to the state tax commission.
7
1 SECTION 9. That Section 33-2107, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 33-2107. GENERAL POWERS OF THE BOARD OF TRUSTEES. The board of trustees
4 of each junior community college district that is authorized to levy a prop-
5 erty tax shall have the power:
6 (1.) To adopt rules and regulations for its own government and the gov-
7 ernment of the college;
8 (2.) To employ legal counsel and other professional, and nonprofessional
9 persons, and to prescribe 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 issue general obligation or revenue bonds in the manner now, or
17 as may be, prescribed by law;
18 (7.) To convey and transfer real property of the district upon which no
19 college buildings used for instruction are situated, to nonprofit corpora-
20 tions, school districts, junior community college housing commissions, coun-
21 ties or municipalities, with or without consideration; to rent real or per-
22 sonal property for the use of the college, its students or faculty, for such
23 terms as may be determined by the board of trustees; to lease real property of
24 the district not actually in use for college instructional purposes for such
25 terms as may be determined by the board; and to lease real property and
26 improvements to the Idaho state building authority, for a term not to exceed
27 fifty (50) years, with or without consideration, and to enter into agreements
28 with the Idaho state building authority for the Idaho state building authority
29 to provide a facility, pursuant to section 67-6410, Idaho Code;
30 (8.) To acquire, hold, and dispose of, water rights;
31 (9.) To accept grants or gifts of money, materials or property of any
32 kind from any governmental agency, or from any person, firm or association, on
33 such terms as may be determined by the granter grantor;
34 (10.) To cooperate with any governmental agency, or any person, firm or
35 association in the conduct of any educational program; to accept grants from
36 any source for the conduct of such program; and to conduct such program on, or
37 off, campus;
38 (11.) To invest any funds of the district in such securities, and apply
39 the interest or profits from such investment, as prescribed for the investment
40 of the funds, and the application of the interest or profits, in the case of
41 school district boards of trustees.
42 SECTION 10. That Chapter 21, Title 33, Idaho Code, be, and the same is
43 hereby amended by the addition of a NEW SECTION to be known and designated as
44 Section 33-2107A, Idaho Code, be, and the same is hereby amended to read as
45 follows:
46 33-2107A. TRUSTEES OF COMMUNITY COLLEGES NOT AUTHORIZED TO LEVY A PROP-
47 ERTY TAX. All community colleges not authorized to levy a property tax shall
48 have a board of trustees as follows: the board of trustees of a community col-
49 lege shall consist of seventeen (17) qualified electors residing in the commu-
50 nity college area who shall be appointed as herein provided. Vacancies on the
51 board of trustees shall be filled by appointment by the respective appointing
52 authority but if by reason of vacancies there remain on the board less than a
8
1 majority of the required number of members, appointment to fill such vacancies
2 shall be made by the appointing authority as provided in this section. Any
3 person so appointed shall serve until his successor shall be appointed to ful-
4 fill the unexpired term. The trustees shall take and subscribe the oath of
5 office required in the case of state officers and said oath shall be filed
6 with the secretary of state.
7 The board of county commissioners of each county in a community college
8 area shall appoint eight (8) members to the board of trustees of the community
9 college who each shall serve four (4) year terms. The governor shall appoint
10 eight (8) members of the board of trustees, taking into account geographical
11 representation and that the members are otherwise legally qualified to serve
12 and the board of trustees shall appoint the seventeenth member. All trustees
13 appointed by the governor and the board of trustees shall serve a three (3)
14 year term. All trustees shall be appointed for their interest in education and
15 their ability to represent citizens and business in the district and provide
16 educational opportunities in a timely fashion for those citizens and busi-
17 nesses in the district. When a vacancy occurs on the board, the replacement
18 shall be appointed by the original appointing authority. Each county in a com-
19 munity college area shall have at least one (1) resident on the board of
20 trustees.
21 At its first meeting following the appointment of the board of trustees,
22 the board shall organize, and shall elect one (1) of its members chairman, one
23 (1) a vice-chairman and shall elect a secretary and a treasurer, who may be
24 members of the board, or one (1) person to serve as secretary and treasurer,
25 who may be a member of the board.
26 The board shall set a given day of a given week in each month as its regu-
27 lar meeting time. A majority of members of the board shall constitute a quorum
28 for the transaction of official business.
29 The authority of trustees of community colleges pursuant to this section
30 shall be limited in the manner prescribed in section 33-507, Idaho Code.
31 SECTION 11. That Chapter 21, Title 33, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 33-2107B, Idaho Code, and to read as follows:
34 33-2107B. GENERAL POWERS OF THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE
35 THAT DOES NOT LEVY A PROPERTY TAX. The board of trustees of each community
36 college that does not levy a property tax shall have the power:
37 (1) To adopt rules for its own government and the government of the col-
38 lege;
39 (2) To submit three (3) names to the state board of education who shall
40 appoint a president from the three (3) nominees. The president shall serve at
41 the pleasure of the state board of education and may be removed for cause.
42 The board shall employ legal counsel and other professional, and
43 nonprofessional persons, and prescribe their qualifications;
44 (3) To acquire and hold, and to dispose of, real and personal property,
45 and to construct, repair, remodel and remove buildings;
46 (4) To contract for the acquisition, purchase or repair of buildings, in
47 the manner prescribed for trustees of school districts;
48 (5) To dispose of real and personal property in the manner prescribed for
49 trustees of school districts;
50 (6) To issue general obligation or revenue bonds in the manner now, or as
51 may be, prescribed by law;
52 (7) To convey and transfer real property of the district upon which no
53 college buildings used for instruction are situated, to nonprofit corpora-
9
1 tions, school districts, community college housing commissions, counties or
2 municipalities, with or without consideration; to rent real or personal prop-
3 erty for the use of the college, its students or faculty, for such terms as
4 may be determined by the board of trustees; to lease real property of the dis-
5 trict not actually in use for college instructional purposes for such terms as
6 may be determined by the board; and to lease real property and improvements to
7 the Idaho state building authority, for a term not to exceed fifty (50) years,
8 with or without consideration, and to enter into agreements with the Idaho
9 state building authority for the Idaho state building authority to provide a
10 facility, pursuant to section 67-6410, Idaho Code;
11 (8) To acquire, hold, and dispose of, water rights;
12 (9) To accept grants or gifts of money, materials or property of any kind
13 from any governmental agency, or from any person, firm or association, on such
14 terms as may be determined by the grantor;
15 (10) To cooperate with any governmental agency, or any person, firm or
16 association in the conduct of any educational program; to accept grants from
17 any source for the conduct of such program; and to conduct such program on, or
18 off, campus;
19 (11) To invest any funds of the district in such securities, and apply the
20 interest or profits from such investment, as prescribed for the investment of
21 the funds, and the application of the interest or profits, in the case of
22 school district boards of trustees;
23 (12) Fix standards of admission to the community college, prescribe and
24 collect tuition for admission to the community college, including fixing dif-
25 ferent tuition rates for students who are residents of the state and students
26 who do not reside in the state;
27 (13) Prescribe and collect fees and expend funds so raised for special
28 programs and services for the students and for programs for the cultural and
29 physical development of the students.
30 SECTION 12. That Section 33-2108, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 33-2108. JUNIOR COMMUNITY COLLEGES DISTRICTS PUBLIC CORPORATIONS -- SUE
33 AND BE SUED -- CORPORATE SEAL. Each junior community college district which is
34 authorized to levy a property tax or which does not levy a property tax shall
35 be a public corporation, may sue and be sued in its corporate name, and shall
36 have an official seal which shall be judicially noticed.
37 SECTION 13. That Section 33-2109, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 33-2109. PRESIDENT -- INSTRUCTORS AND OTHER EMPLOYEES -- REQUIREMENTS FOR
40 ADMISSION AND GRADUATION -- CERTIFICATES AND DIPLOMAS -- TEXTBOOKS AND EQUIP-
41 MENT. The board of trustees of a community college that is authorized to levy
42 a property tax shall elect a president of the college and, upon his recommen-
43 dation, appoint such officers, instructors, specialists, clerks and other per-
44 sonnel as it may deem necessary; fix their salaries, and prescribe their
45 duties. It shall fix the requirements for admission, and the time and standard
46 of graduation, and issue such certificates for graduation and diplomas as may
47 be deemed suitable. It shall prescribe the textbooks, and provide suitable
48 apparatus, furniture and equipment for carrying on the work of the college.
49 SECTION 14. That Section 33-2109A, Idaho Code, be, and the same is hereby
50 amended to read as follows:
10
1 33-2109A. USE OF UNUSED SICK LEAVE. Upon separation from employment with
2 the junior community college district by retirement, in accordance with chap-
3 ter 13, title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an
4 employee shall be accorded credit for unused sick leave as provided in section
5 67-5339, Idaho Code. Each junior community college district shall contribute
6 to the sick leave account for the purposes of this section, as provided in
7 subsection (3) of section 67-5339, Idaho Code.
8 SECTION 15. That Section 33-2110, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 33-2110. TUITION. (1) All students of a community college shall pay
11 tuition that shall be fixed annually by the board of trustees not later than
12 the 1st day of August of each year. The tuition for full-time students taking
13 normal academic courses provided by the college, who are residents of the dis-
14 trict or area as the case may be, shall be fixed at not less than three hun-
15 dred fifty dollars ($350) per annum, and may be increased by increments of not
16 more than ten percent (10%) per annum to a maximum tuition of one thousand two
17 hundred fifty dollars ($1,250) per annum. For all other students taking such
18 courses the tuition shall be, as nearly as is practicable, the annual costs of
19 all elements of providing the courses of instruction, including interest on
20 general obligation bonds, teaching, administration, maintenance, operation and
21 depreciation of equipment and buildings, supplies and fuel, and other ordinary
22 and necessary expenses of operation incurred in providing courses by the com-
23 munity college, provided that the tuition of students residing outside the
24 district or area but within the county or counties wherein the district or
25 area where the community college is located shall be fixed after taking into
26 account moneys received by the community college district from any funds allo-
27 cated to the community college from the educational funds of the state of
28 Idaho, other than allocations for professional-technical education; and pro-
29 vided that the tuition of students residing outside the district and the
30 county but within the state of Idaho shall be fixed after taking into account
31 moneys received from educational funds other than professional-technical
32 moneys, as referred to in this chapter, from the state of Idaho. Receipt of
33 moneys, as hereinbefore provided in this section, shall be based upon the
34 receipts from the sources referred to during the fiscal year preceding the
35 fixing of the tuition. A student in a community college shall not be deemed a
36 resident of the district or area or of the county or of the state of Idaho,
37 unless that student is deemed a resident as defined by section 33-2110B, Idaho
38 Code, for the district or area, county or state prior to the date of his
39 first enrollment in the community college, and no student who was not a resi-
40 dent of the district or area, county or state shall gain residence while
41 attending and enrolled in the community college. The residence of a minor
42 shall be deemed to be the residence of his parents or parent or guardian.
43 Tuition shall be payable in advance, but the board may, in its discretion,
44 permit tuition to be paid in installments.
45 (2) The board of trustees shall also fix fees for laboratory and other
46 special services provided by the community college and for special courses,
47 including, but not limited to, night school, off-campus courses, summer
48 school, professional-technical courses, as otherwise provided in this chapter,
49 and other special instruction provided by the community college and nothing in
50 this chapter shall be deemed to control the amount of tuition for special
51 courses or fees for special services, as herein provided, but the same shall
52 be, as nearly as reasonable, sufficient to cover the cost of all elements of
53 providing courses as above defined.
11
1 (3) In this chapter, unless the context requires otherwise, the following
2 definitions shall be uniformly applied. The application of these definitions
3 shall be retroactive and prospective.
4 (a) "Fees" shall include all charges imposed by the governing body, to
5 students, as a whole or individually, in excess of tuition. Student fees
6 may be imposed for special courses, instruction, and service:
7 (i) "Special course or instruction fee" means those fees charged
8 for any class or educational endeavor which shall have unique costs
9 beyond a traditional college lecture class; for example, foreign lan-
10 guage audio or visual instruction, specialized musical instruction,
11 computer class, art class involving supplies or audiovisual equip-
12 ment, professional-technical instruction, laboratory class, remedial
13 instruction, team teaching, satellite transmissions, outside instruc-
14 tor, professionally assisted instruction, etc.
15 (ii) "Special service fee" means those fees charged for activity,
16 benefit, or assistance offered to students which is beyond tradi-
17 tional classroom instruction; for example, student government sup-
18 port, providing of student health staff or facilities, student union
19 support, intramural and intercollegiate athletics, recreational
20 opportunities, financial aid services, graduation expense, automobile
21 parking, student yearbook/publication, insurance, registration,
22 noncapital library user fee, etc.
23 Fees shall not be imposed for any capital improvements except as specifi-
24 cally authorized in chapter 21, title 33, Idaho Code.
25 (b) "Tuition" shall mean a sum charged students for cost of college
26 instruction and shall include costs associated with maintenance and opera-
27 tion of physical plant, student services and institutional support.
28 SECTION 16. That Section 33-2110A, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-2110A. TUITION OF OUT OF DISTRICT OR AREA IDAHO STUDENTS, COUNTY TAXES
31 AND OTHER FINANCIAL SUPPORT. (1) Any student residing in the area of a county
32 outside of a community college area or district, or in a county without a com-
33 munity college district, who has been a resident of the county and state as
34 defined by section 33-2110B, Idaho Code, immediately prior to the date of his
35 first enrollment in a community college, which residence may not be acquired
36 while attending and enrolled in a community college, may enroll in any commu-
37 nity college in the state, and the county of his residence shall pay that por-
38 tion of his tuition as hereinafter set out. The tuition which shall be paid by
39 the resident county shall be that portion of the tuition uniformly established
40 by a community college district for all out of district students, or the board
41 of trustees of nonproperty tax levying community college for all out of area
42 students, both in state as well as out of state, pursuant to section 33-2110,
43 Idaho Code, after deducting therefrom the amount of tuition paid by a resident
44 student at the community college; however, the liability of the resident
45 county shall not exceed two-thirds (2/3) of the total tuition and fees charged
46 and in no instance shall it exceed five hundred dollars ($500) each semester
47 for a two (2) semester year for a full-time student. The student shall pay the
48 tuition and fees charged a student resident in the district or area, and the
49 balance, if any, of the nonresident student tuition above the maximum liabil-
50 ity of the county of his residence. No county shall be liable for out of dis-
51 trict or out of area tuition unless the board of county commissioners of that
52 county has first verified to the community college in writing the fact that
53 the student is a resident of the county. Upon verification, the county shall
12
1 thereafter be liable for the out of district tuition so long as the student is
2 duly enrolled and attending the college subject to the following limitations:
3 (a) Liability shall be the term of the curriculum for which the student
4 is enrolled, with a maximum lifetime liability of three thousand dollars
5 ($3,000).
6 (b) Liability shall terminate if the student's domiciliary residence
7 changes and that change continues for twelve (12) months.
8 (2) The nonresident tuition shall be established annually not later than
9 August 1 and shall be forthwith filed with the state board of education,
10 together with a statement supporting the computation thereof. Each community
11 college, by October 15 and March 15 of each year, shall bill the county of
12 residence of each nonresident student enrolled at the commencement of each
13 semester, and each board of county commissioners shall allow and order paid
14 any bill for tuition at the first regular meeting following receipt of the
15 bill, but not exceeding forty-five (45) days after receipt. Upon failure of a
16 county to pay the tuition, a community college district or a community college
17 may commence action in the district court of the state of Idaho for the county
18 to collect the same.
19 (3) For the payment of tuition of nonresident students as herein pro-
20 vided, there shall be allocated in each county without a community college
21 district to a county community college fund, and paid to the county treasurer
22 to be held in that fund, fifty percent (50%) of all moneys apportioned to the
23 county out of liquor funds of the state of Idaho as set forth in chapter 4,
24 title 23, Idaho Code, and that amount shall be deducted from the amount that
25 would otherwise be allocated to the county; and if liquor funds are not suffi-
26 cient to pay the tuition, commencing for the calendar year 1966, the board of
27 county commissioners shall levy upon the taxable property within each county
28 without a community college district levying a property tax for students
29 attending a community college outside the county's community college area,
30 and, in a county with such a district community college, upon the taxable
31 property within the county lying outside of the community college district, a
32 property tax not to exceed six hundredths percent (.06%) of market value for
33 assessment purposes, to be certified as set out in section 33-2111, Idaho
34 Code. The proceeds of the levy shall be placed in the county community college
35 fund. Apportionment of liquor funds herein provided shall commence for the
36 fiscal quarter ending September 30, 1965, and accruing during that quarter If
37 a community college district votes to continue levying a property tax pursuant
38 to section 33-2106A, Idaho Code, the county or counties in that property tax
39 levying district do not need to levy the property tax provided by this
40 section.
41 (4) Based upon the enrollment established by the first semester's tuition
42 bills received by October 15, the board of county commissioners shall estab-
43 lish immediately a total community college annual tuition budget for two (2)
44 semesters which shall be equal to twice the amount of the tuition bills plus a
45 contingency factor of ten percent (10%). This budget shall be adjusted after
46 March 15 based on any change of enrollment shown by the second semester
47 tuition bills. If enrollment is from zero to not more than four (4) students,
48 a minimum budget of five (5) students at five hundred dollars ($500) each
49 shall be established. In the event all tuition bills received have been paid,
50 notwithstanding any other provision hereof, (a) any liquor funds received,
51 which in the quarter when received to any extent are in excess of the budget,
52 to the extent of that excess shall not be paid over to the county treasurer to
53 be held in the community college fund, and (b) any funds received from the
54 levy on taxable property, which when received to any extent are in excess of
55 the budget after the application of liquor funds thereto, to the extent of
13
1 that excess shall not be paid over to the community college fund. Excess
2 liquor funds shall be paid pursuant to law as if this section were not appli-
3 cable and excess funds shall be paid to the general fund of the county. In the
4 event the total liquor fund payable hereunder to the county community college
5 fund together with the receipts from the levy on taxable property for each
6 fiscal year are insufficient to pay tuition bills, which deficiency is caused
7 by a levy of less than the maximum allowed hereunder, or by enrollment in
8 excess of the budget herein provided, the budget for each following year shall
9 be increased to the maximum allowed by the maximum tax levy authorized to pay
10 any deficiency at the earliest time. If the deficiency is due to the lack of
11 funds in a fiscal year when the maximum levy authorized shall have been made,
12 for the next fiscal year thereafter the number of students from that county
13 shall be limited by the board of county commissioners to the extent necessary
14 to pay the deficiency not later than the end of the following year. Provided
15 nevertheless, for the two (2) semesters commencing September, 1965, the board
16 of county commissioners shall limit the community college budget and total
17 students to estimated liquor funds available on quarterly disbursements
18 through June 30, 1966. Any limitation of students authorized shall be accom-
19 plished (a) on the basis of student grades and financial need, and (b) by each
20 community college notifying the county of residence of each student's applica-
21 tion and the county shall accept or reject the application at least five (5)
22 days prior to the tuition billing dates set out herein. A community college
23 shall nevertheless have a right to require any student residing outside the
24 district to pay nonresident tuition if the county of his residence is more
25 than twenty-five percent (25%) in arrears of a total county tuition bill for
26 one (1) year as of the beginning of the subsequent semester, but tuition shall
27 be refunded to such students when paid by the county.
28 SECTION 17. That Section 33-2110B, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-2110B. RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS. (1)
31 For purposes of this chapter, a resident student is:
32 (a) Any student whose parents or court-appointed guardians are domiciled
33 in the junior community college district or area and provide more than
34 fifty percent (50%) of his support. Domicile means an individual's true,
35 fixed and permanent home and place of habitation. It is the place where he
36 intends to remain, and to which he expects to return when he leaves with-
37 out intending to establish a new domicile elsewhere. To qualify under this
38 section the parents or guardian must have resided continuously in the jun-
39 ior community college district or area for twelve (12) months next preced-
40 ing the opening day of the term for which the student matriculates.
41 (b) Any student who receives less than fifty percent (50%) of his support
42 from parents or legal guardians who are not residents of the junior commu-
43 nity college district or area for voting purposes and who has continuously
44 resided in the junior community college district or area for twelve (12)
45 months next preceding the opening day of the period of instruction during
46 which he proposes to attend the junior community college.
47 (c) The spouse of a person who is classified, or is eligible for classi-
48 fication, as a resident of the junior community college district or area
49 for the purposes of attending that junior college.
50 (d) A member of the armed forces of the United States, stationed in the
51 junior community college district or area on military orders.
52 (e) A student whose parents or guardians are members of the armed forces
53 and stationed in the junior community college district or area on military
14
1 orders and who receives fifty percent (50%) or more of support from par-
2 ents or legal guardians. The student, while in continuous attendance,
3 shall not lose his residence when his parents or guardians are transferred
4 on military orders.
5 (f) A person separated, under honorable conditions, from the United
6 States armed forces after at least two (2) years of active service, who at
7 the time of separation designates the junior community college district or
8 area as his intended domicile or who has the district or area as the home
9 of record in service and enters the junior community college within one
10 (1) year of the date of separation.
11 (g) Any individual who has been domiciled in the junior community college
12 district or area, has qualified and would otherwise be qualified under the
13 provisions of this statute, and who is away from the community college
14 district or area for a period of less than one (1) calendar year and has
15 not established legal residence elsewhere provided a twelve (12) month
16 period of continuous residence has been established immediately prior to
17 departure.
18 (2) A junior community college board of trustees shall adopt rules and
19 regulations applicable to their college now or hereafter established to deter-
20 mine residence status of any student and to establish procedures for review of
21 that status.
22 (3) Appeal from a final determination denying resident status may be ini-
23 tiated by the filing of an action in the district court of the county in which
24 the affected junior community college is located. An appeal from the district
25 court shall lie as in all civil actions.
26 (4) Nothing contained herein shall prevent a junior community college
27 board of trustees from waiving tuition to be paid by nonresident students.
28 (5) Nothing contained herein shall prevent a junior community college
29 board of trustees from establishing quotas, standards for admission, standards
30 for readmission, or other terms and requirements governing persons who are not
31 residents for purposes of the first two (2) years of postsecondary education.
32 SECTION 18. That Section 33-2111, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 33-2111. TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For
35 the maintenance and operation of each community college, in addition to the
36 income from tuition paid by students as hereinbefore provided, the board of
37 trustees may levy upon the taxable property within the district a tax not to
38 exceed sixteen hundredths percent (.16%) of the market value for assessment
39 purposes on all taxable property within the district. On and after January 1,
40 2007, no levy shall be made for the maintenance and operation of each commu-
41 nity college within a community college district unless the voters of the dis-
42 trict as it existed on January 1, 2006, authorize such at an election held
43 pursuant to section 33-2106A, Idaho Code, and held at the general election
44 date in November 2006, by a majority of those voting at the election.
45 The tax levy determined by the board of trustees, within said limit, shall
46 be certified to the board of county commissioners in each county in which the
47 district may lie, not later than the second Monday in September of each year.
48 No levy in excess of sixteen hundredths percent (.16%) of the market value for
49 assessment purposes on all taxable property within the district the amount
50 specified in this section shall be made unless a supplemental levy in a speci-
51 fied amount be first authorized through an election held, as provided in sec-
52 tions 33-401 through 33-406, Idaho Code, as if the community college district
53 were a school district and approved by a majority of the district electors
15
1 voting in such election. A tax may only be levied against the property within
2 the district as it existed on January 1, 2006, unless additional property is
3 added to the district as provided in this chapter.
4 SECTION 19. That Section 33-2112, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 33-2112. ADDITIONAL TAX LEVY FOR GYMNASIUM AND GROUNDS. The board of
7 trustees of any community college district that is authorized to levy a prop-
8 erty tax may levy a tax not exceeding one one-hundredth percent (.01%) on each
9 dollar of the assessed value of the taxable property within the district for
10 the maintenance and care of the gymnasium and college grounds of the district,
11 in addition to other taxes authorized by law for the maintenance and support
12 of the community college.
13 SECTION 20. That Section 33-2139, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-2139. STATE JUNIOR COMMUNITY COLLEGE ACCOUNT FUND CREATED. There is
16 hereby created a state junior (community) college account in the state operat-
17 ing the state community college fund in the state treasurer's office treasury
18 to which shall be credited all moneys which may be appropriated, apportioned,
19 or allocated to that account fund. The state treasurer shall make such dis-
20 bursements from the account fund as may be ordered by the state board of edu-
21 cation in accordance with the provisions of this act chapter.
22 SECTION 21. That Section 33-2141, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 33-2141. DISBURSEMENT OF FUNDS -- METHOD -- FUNDS DISBURSED NOT CONSID-
25 ERED IN FIXING TUITION. Funds appropriated to the state junior community col-
26 lege account fund shall be disbursed to the qualifying junior community col-
27 lege districts as follows: fifty percent (50%) of the moneys in the account
28 fund shall be disbursed on the twentieth day of July of each year and the
29 remainder of the account fund shall be disbursed on the first day of September
30 of each year. Funds disbursed under this act chapter shall not be considered
31 by the board of trustees of any junior community college in fixing tuition of
32 such college pursuant to section 33-2110, Idaho Code.
33 SECTION 22. That Section 33-2142, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 33-2142. DIRECT PAYMENT TO BOARD -- UTILIZATION. Disbursement shall be by
36 direct payment to the governing board of such Junior community cCollege Dis-
37 trict which board shall utilize and disburse such funds in the furtherance of
38 the academic program which such board is authorized by law to administer.
39 SECTION 23. That Section 33-2144, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-2144. DISBURSEMENT TO PUBLIC EMPLOYEE RETIREMENT FUND. The disbursing
42 of funds as provided by sections 33-2139 through 33-2143, Idaho Code, shall be
43 subject to the payments required to be made by section 59-1332B 59-1324, Idaho
44 Code, from the state junior community college fund to the public employee
45 retirement fund. Such payments shall be prior to the payment of funds from the
16
1 state junior community college fund to the several junior community colleges
2 districts as provided by said statute this chapter.
3 SECTION 24. That Chapter 21, Title 33, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 33-2145, Idaho Code, and to read as follows:
6 33-2145. TAXES TO SUPPORT COMMUNITY COLLEGE SYSTEM. (1) By June 15 of
7 each year, the state tax commission shall remit an amount calculated by multi-
8 plying four and one-quarter percent (4.25%) of sales tax collections adjusted
9 for refunds and changes in the rate structure for the purpose of providing
10 revenue to pay the necessary expenses of the community colleges and the commu-
11 nity college division of Lewis-Clark state college.
12 (2) The moneys calculated in subsection (1) of this section shall be
13 remitted from the state sales tax account and credited to the community col-
14 lege fund created in section 33-2139, Idaho Code, to be expended pursuant to
15 appropriation.
16 (3) The amount provided in subsection (1) of this section shall be
17 decreased by twenty percent (20%) for each community college district that
18 votes pursuant to section 33-2106A, Idaho Code, to keep the property tax levy
19 pursuant to section 33-2111, Idaho Code. The purpose is to provide revenue to
20 pay the necessary expenses of the community colleges and the community college
21 division of Lewis-Clark state college. A community college district that votes
22 to keep levying property taxes pursuant to section 33-2111, Idaho Code, shall
23 be ineligible to receive moneys pursuant to this section.
24 SECTION 25. That Section 63-3638, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this
27 chapter, except as may otherwise be required in sections 63-3203 and 63-3709,
28 Idaho Code, shall be distributed by the tax commission as follows:
29 (1) An amount of money shall be distributed to the state refund account
30 sufficient to pay current refund claims. All refunds authorized under this
31 chapter by the commission shall be paid through the state refund account, and
32 those moneys are continuously appropriated.
33 (2) Five million dollars ($5,000,000) per year is continuously appropri-
34 ated and shall be distributed to the permanent building fund, provided by sec-
35 tion 57-1108, Idaho Code.
36 (3) Four million eight hundred thousand dollars ($4,800,000) per year is
37 continuously appropriated and shall be distributed to the water pollution con-
38 trol account established by section 39-3605, Idaho Code.
39 (4) An amount equal to the sum required to be certified by the chairman
40 of the Idaho housing and finance association to the state tax commission pur-
41 suant to section 67-6211, Idaho Code, in each year is continuously appropri-
42 ated and shall be paid to any capital reserve fund, established by the Idaho
43 housing and finance association pursuant to section 67-6211, Idaho Code. Such
44 amounts, if any, as may be appropriated hereunder to the capital reserve fund
45 of the Idaho housing and finance association shall be repaid for distribution
46 under the provisions of this section, subject to the provisions of section
47 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as
48 possible, from any moneys available therefor and in excess of the amounts
49 which the association determines will keep it self-supporting.
50 (5) An amount equal to the sum required by the provisions of section
51 63-709, Idaho Code, is continuously appropriated and shall be paid as provided
17
1 by section 63-709, Idaho Code.
2 (6) An amount required by the provisions of chapter 53, title 33, Idaho
3 Code.
4 (7) An amount required by the provisions of chapter 87, title 67, Idaho
5 Code.
6 (8) One dollar ($1.00) on each application for certificate of title or
7 initial application for registration of a motor vehicle, snowmobile, all-
8 terrain vehicle or other vehicle processed by the county assessor or the Idaho
9 transportation department excepting those applications in which any sales or
10 use taxes due have been previously collected by a retailer, shall be a fee for
11 the services of the assessor of the county or the Idaho transportation depart-
12 ment in collecting such taxes, and shall be paid into the current expense fund
13 of the county or state highway account established in section 40-702, Idaho
14 Code.
15 (9) Thirteen and three-quarters percent (13.75%) is continuously appro-
16 priated and shall be distributed to the revenue sharing account which is cre-
17 ated in the state treasury, and the moneys in the revenue sharing account will
18 be paid in installments each calendar quarter by the tax commission as fol-
19 lows:
20 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
21 ious cities as follows:
22 (i) Fifty percent (50%) of such amount shall be paid to the various
23 cities, and each city shall be entitled to an amount in the propor-
24 tion that the population of that city bears to the population of all
25 cities within the state; and
26 (ii) Fifty percent (50%) of such amount shall be paid to the various
27 cities, and each city shall be entitled to an amount in the propor-
28 tion that the preceding year's market value for assessment purposes
29 for that city bears to the preceding year's market value for assess-
30 ment purposes for all cities within the state.
31 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var-
32 ious counties as follows:
33 (i) One million three hundred twenty thousand dollars ($1,320,000)
34 annually shall be distributed one forty-fourth (1/44) to each of the
35 various counties; and
36 (ii) The balance of such amount shall be paid to the various coun-
37 ties, and each county shall be entitled to an amount in the propor-
38 tion that the population of that county bears to the population of
39 the state;
40 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri-
41 ated in this subsection (9) shall be paid to the several counties for dis-
42 tribution to the cities and counties as follows:
43 (i) Each city and county which received a payment under the provi-
44 sions of section 63-3638(e), Idaho Code, during the fourth quarter of
45 calendar year 1999, shall be entitled to a like amount during suc-
46 ceeding calendar quarters.
47 (ii) If the dollar amount of money available under this subsection
48 (9)(c) in any quarter does not equal the amount paid in the fourth
49 quarter of calendar year 1999, each city's and county's payment shall
50 be reduced proportionately.
51 (iii) If the dollar amount of money available under this subsection
52 (9)(c) in any quarter exceeds the amount paid in the fourth quarter
53 of calendar year 1999, each city and county shall be entitled to a
54 proportionately increased payment, but such increase shall not exceed
55 one hundred five percent (105%) of the total payment made in the
18
1 fourth quarter of calendar year 1999.
2 (iv) If the dollar amount of money available under this subsection
3 (9)(c) in any quarter exceeds one hundred five percent (105%) of the
4 total payment made in the fourth quarter of calendar year 1999, any
5 amount over and above such one hundred five percent (105%) shall be
6 paid fifty percent (50%) to the various cities in the proportion that
7 the population of the city bears to the population of all cities
8 within the state, and fifty percent (50%) to the various counties in
9 the proportion that the population of a county bears to the popula-
10 tion of the state; and
11 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in
12 this subsection (9) shall be paid to the several counties for distribution
13 to special purpose taxing districts as follows:
14 (i) Each such district which received a payment under the provi-
15 sions of section 63-3638(e), Idaho Code, during the fourth quarter of
16 calendar year 1999, shall be entitled to a like amount during suc-
17 ceeding calendar quarters.
18 (ii) If the dollar amount of money available under this subsection
19 (9)(d) in any quarter does not equal the amount paid in the fourth
20 quarter of calendar year 1999, each special purpose taxing district's
21 payment shall be reduced proportionately.
22 (iii) If the dollar amount of money available under this subsection
23 (9)(d) in any quarter exceeds the amount distributed under paragraph
24 (i) of this subsection (9)(d), each special purpose taxing district
25 shall be entitled to a share of the excess based on the proportion
26 each such district's current property tax budget bears to the sum of
27 the current property tax budgets of all such districts in the state.
28 The state tax commission shall calculate district current property
29 tax budgets to include any unrecovered foregone amounts as determined
30 under section 63-802(1)(e), Idaho Code. When a special purpose taxing
31 district is situated in more than one (1) county, the tax commission
32 shall determine the portion attributable to the special purpose tax-
33 ing district from each county in which it is situated.
34 (iv) If special purpose taxing districts are consolidated, the
35 resulting district is entitled to a base amount equal to the sum of
36 the base amounts which were received in the last calendar quarter by
37 each district prior to the consolidation.
38 (v) If a special purpose taxing district is dissolved or
39 disincorporated, the state tax commission shall continuously distrib-
40 ute to the board of county commissioners an amount equal to the last
41 quarter's distribution prior to dissolution or disincorporation. The
42 board of county commissioners shall determine any redistribution of
43 moneys so received.
44 (vi) Taxing districts formed after January 1, 2001, are not entitled
45 to a payment under the provisions of this subsection (9)(d).
46 (vii) For purposes of this subsection (9)(d), a special purpose tax-
47 ing district is any taxing district which is not a city, a county or
48 a school district.
49 (10) Amounts calculated in accordance with section 2, chapter 356, Laws of
50 2001, for annual distribution to counties and other taxing districts beginning
51 in October 2001 for replacement of property tax on farm machinery and equip-
52 ment exempted pursuant to section 63-602EE, Idaho Code. For nonschool dis-
53 tricts, the state tax commission shall distribute one-fourth (1/4) of this
54 amount certified quarterly to each county. For school districts, the state tax
55 commission shall distribute one-fourth (1/4) of the amount certified quarterly
19
1 to each school district. For nonschool districts, the county auditor shall
2 distribute to each district within thirty (30) calendar days from receipt of
3 moneys from the tax commission. Moneys received by each taxing district for
4 replacement shall be utilized in the same manner and in the same proportions
5 as revenues from property taxation. The moneys remitted to the county trea-
6 surer for replacement of property exempt from taxation pursuant to section
7 63-602EE, Idaho Code, may be considered by the counties and other taxing dis-
8 tricts and budgeted at the same time, in the same manner and in the same year
9 as revenues from taxation on personal property which these moneys replace. If
10 taxing districts are consolidated, the resulting district is entitled to an
11 amount equal to the sum of the amounts which were received in the last calen-
12 dar quarter by each district pursuant to this subsection prior to the consoli-
13 dation. If a taxing district is dissolved or disincorporated, the state tax
14 commission shall continuously distribute to the board of county commissioners
15 an amount equal to the last quarter's distribution prior to dissolution or
16 disincorporation. The board of county commissioners shall determine any redis-
17 tribution of moneys so received. If a taxing district annexes territory, the
18 distribution of moneys received pursuant to this subsection shall be unaf-
19 fected. Taxing districts formed after January 1, 2001, are not entitled to a
20 payment under the provisions of this subsection. School districts shall
21 receive an amount determined by multiplying the sum of the year 2000 school
22 district levy plus .001 times the market value on December 31, 2000, in the
23 district of the property exempt from taxation pursuant to section 63-602EE,
24 Idaho Code. For school districts, beginning January 1, 2002, only the portion
25 of property tax replacement received to replace property exempt from taxation
26 pursuant to section 63-602EE, Idaho Code, based on the tax year 2000 tax
27 charges for maintenance and operation as limited by sections 33-802 2. and
28 33-1002D, Idaho Code, shall not be subtracted from the maximum school district
29 maintenance and operation property taxes permitted in accordance with section
30 33-802 2., Idaho Code. For purposes of the limitation provided by section
31 63-802, Idaho Code, moneys received pursuant to this section as property tax
32 replacement for property exempt from taxation pursuant to section 63-602EE,
33 Idaho Code, shall be treated as property tax revenues.
34 (11) An amount required by section 33-2145, Idaho Code, for the support of
35 community colleges, which amount shall be distributed to the community college
36 fund created in section 33-2139, Idaho Code.
37 (12) Any moneys remaining over and above those necessary to meet and
38 reserve for payments under other subsections of this section shall be distrib-
39 uted to the general fund.
STATEMENT OF PURPOSE
RS 16124C1
The purpose of this legislation is to establish a statewide community
college system in Idaho. It offers the residents of Kootenai, Jerome
and Twin Falls counties the opportunity to vote as to whether North
Idaho College (NIC) and the College of Southern Idaho (CSI) stay in
their current system or vote to become part of the state community
college system. It will be their choice. If they vote to be a part of
the statewide community college system, residents would no longer pay
property taxes to support their community colleges.
Under the state system, the State will be divided into five areas.
Area No. 1 is North Idaho Community College and is comprised of
Benewah, Bonner, Boundary, Kootenai and Shoshone counties. Area No. 2
is a community college division at Lewis-Clark State College and is
comprised of Clearwater, Idaho, Latah, Lewis and Nez Perce counties.
Area No. 3 is Southwestern Idaho Community College and is comprised of
Ada, Adams, Boise, Canyon, Elmore, Gem, Payette, Valley, Washington and
Owyhee counties. Area No. 4 is Community College of Southern Idaho and
is comprised of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln,
Minidoka and Twin Falls counties. Area No. 5 is Eastern Idaho
Community College (formerly Eastern Idaho Technical College) and is
comprised of Bannock, Bear Lake, Caribou, Franklin, Oneida, Power,
Bingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi,
Madison and Teton counties.
A 17-member board of trustees will be appointed from the community
college area with each county represented in order to continue local
control under the state system. Half of the trustees will be appointed
by the board of county commissioners in each county and half by the
Governor and then one additional person appointed by the full board of
trustees. The duties of the board of trustees are outlined in the
legislation to ensure quick development of business opportunities on or
off campus as they are able to do today.
FISCAL NOTE
Funding for a statewide community college system will not be on the
property tax but will earmark 4.25% from the state sales tax account to
be deposited in the community college fund. Based on projected sales
tax collections, this would generate approximately $43.9 million in
fiscal year 2007. Additional funding will be supplied from the liquor
fund, and tuition and fees as it is currently.
Contact
Name: Representative Ann Rydalch
Senator John Goedde
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 740