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H0867..........................................................by EDUCATION COMMUNITY COLLEGES - STATE - Amends, repeals and adds to existing law to provide for the establishment of state community colleges by the State Board of Education; to provide for establishment and duties of community college advisory boards; to provide for residency and tuition; and to create the Community College Equalization Fund and to provide for distribution of the moneys in the fund. 04/03 House intro - 1st rdg - to printing 04/04 Rpt prt - Held at Desk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 867 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO COMMUNITY COLLEGES; PROVIDING LEGISLATIVE FINDINGS AND INTENT; 3 AMENDING THE HEADING OF CHAPTER 21, TITLE 33, IDAHO CODE; AMENDING CHAPTER 4 21, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2101, IDAHO 5 CODE, TO PROVIDE FOR THE ESTABLISHMENT OF STATE COMMUNITY COLLEGES BY THE 6 STATE BOARD OF EDUCATION; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY 7 THE ADDITION OF A NEW SECTION 33-2101A, IDAHO CODE, TO PROVIDE FOR ESTAB- 8 LISHMENT OF COMMUNITY COLLEGE ADVISORY BOARDS AND TO PROVIDE POWERS OF THE 9 BOARDS; AMENDING SECTION 33-2101, IDAHO CODE, TO REDESIGNATE THE SECTION, 10 TO PROVIDE PROPER TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 11 SECTION 33-2101A, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO DELETE 12 CODE REFERENCES; REPEALING SECTIONS 33-2110, 33-2110A AND 33-2110B, IDAHO 13 CODE, RELATING TO TUITION AND RESIDENCY FOR STUDENTS RESIDING OUTSIDE OF A 14 COMMUNITY COLLEGE DISTRICT; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY 15 THE ADDITION OF A NEW SECTION 33-2110, IDAHO CODE, TO PROVIDE RESIDENCY 16 AND TUITION; AMENDING SECTION 33-2139, IDAHO CODE, TO CREATE THE COMMUNITY 17 COLLEGE EQUALIZATION FUND IN THE STATE TREASURY AND TO PROVIDE FOR DIS- 18 TRIBUTION OF MONEYS IN THE FUND; AMENDING CHAPTER 21, TITLE 33, IDAHO 19 CODE, BY THE ADDITION OF A NEW SECTION 33-2141A, IDAHO CODE, TO PROVIDE 20 FOR DISBURSEMENT OF FUNDS APPROPRIATED TO THE STATE BOARD OF EDUCATION FOR 21 STATE COMMUNITY COLLEGES; AMENDING SECTION 23-404, IDAHO CODE, AS AMENDED 22 BY SECTION 1, SENATE BILL NO. 1388, AS ENACTED BY THE SECOND REGULAR SES- 23 SION OF THE FIFTY-EIGHTH IDAHO LEGISLATURE, TO REVISE STATE LIQUOR ACCOUNT 24 DISTRIBUTIONS; AMENDING SECTION 33-2141, IDAHO CODE, TO DELETE A CODE REF- 25 ERENCE AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 33-4306, 26 IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE. 27 Be It Enacted by the Legislature of the State of Idaho: 28 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (1) The state of Idaho and 29 the nation are being challenged by a mix of demographic, economic and techno- 30 logical changes. Combined, these changes are driving the state toward a 31 skilled workforce deficit in both new and experienced workers. A workforce 32 deficit threatens the competitiveness of our state and acts as a barrier to 33 individual opportunities for all citizens. Increased community college ser- 34 vices, accessible to all citizens and designed to address new and emerging 35 employment needs, will address the growing deficits in the workforce and pro- 36 vide increased access to educational opportunities for Idaho citizens. 37 (2) The purpose of this act is to establish a statewide network of commu- 38 nity colleges to meet demands across the state, and to allow the four (4) year 39 academic institutions to concentrate on baccalaureate, graduate and postgradu- 40 ate level students. 41 (3) A community college established pursuant to the provisions of this 42 act shall give instruction in academic subjects, professional-technical pro- 43 grams, workforce training programs, adult and other remedial and developmental 44 subjects, and in such other subjects as shall be authorized by the advisory 2 1 board of the community college. The academic courses offered and the instruc- 2 tion of the courses shall be of the same standard as the same are offered and 3 taught in the first two (2) years of any other state institution of higher 4 education, and credits therefor shall be accepted by other state institutions 5 for credit toward a baccalaureate degree. 6 SECTION 2. That the Heading for Chapter 21, Title 33, Idaho Code, be, and 7 the same is hereby amended to read as follows: 8 CHAPTER 21 9 JUNIORCOMMUNITY COLLEGES 10 SECTION 3. 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 33-2101, Idaho Code, and to read as follows: 13 33-2101. ESTABLISHMENT OF STATE COMMUNITY COLLEGES. For the purposes of 14 this chapter, a state community college shall be an institution that is only 15 established or approved by the state board of education. The state board of 16 education shall have the authority to: 17 (1) Establish a network of community colleges in the state of Idaho; 18 (2) Establish community colleges outside the boundaries of an existing 19 community college district; 20 (3) Approve departments or divisions within existing public institutions 21 of higher education as community colleges; and 22 (4) Approve the establishment of community colleges within a community 23 college district pursuant to the process outlined in sections 33-2103 and 24 33-2104, Idaho Code. 25 SECTION 4. That Chapter 21, Title 33, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 33-2101A, Idaho Code, and to read as follows: 28 33-2101A. ESTABLISHMENT OF COMMUNITY COLLEGE ADVISORY BOARDS. (1) The 29 state board of education shall have the authority to establish advisory boards 30 for any community college, except those created pursuant to the provisions of 31 sections 33-2103 and 33-2104, Idaho Code, or those created as a department or 32 division of a public institution of higher education recognized as a community 33 college. 34 (2) The state board of education shall appoint all members of an advisory 35 board. Each advisory board shall consist of five (5) members who are residents 36 of the community college area, as provided in section 33-2101B, Idaho Code, 37 and each member shall serve a term of four (4) years. Whenever a vacancy 38 occurs, the state board of education shall appoint a qualified person to fill 39 the vacancy for the unexpired portion of the term or until a successor is 40 appointed by the state board of education. Advisory board members shall take 41 and subscribe the oath of office required in the case of state officers and 42 said oath shall be filed with the secretary of state. 43 (3) Each community college advisory board shall have the power: 44 (a) To adopt rules for its own government and the government of the col- 45 lege; 46 (b) To submit three (3) names to the state board of education who shall 47 appoint a president of the community college from the three (3) nominees. 48 The president shall serve at the pleasure of the state board of education 49 and may be removed for cause. 3 1 (c) To employ legal counsel and other professional and nonprofessional 2 persons, and prescribe their qualifications; 3 (d) To acquire and hold, and to dispose of, real and personal property, 4 and to construct, repair, remodel and remove buildings; 5 (e) To contract for the acquisition, purchase or repair of buildings, in 6 a manner prescribed by the state board of education; 7 (f) To dispose of real and personal property in the manner prescribed by 8 the state board of education; 9 (g) To issue general obligation or revenue bonds in the manner now, or as 10 may be, prescribed by law; 11 (h) To convey and transfer real property of the community college upon 12 which no college buildings used for instruction are situated, to nonprofit 13 corporations, school districts, community college housing commissions, 14 counties or municipalities, with or without consideration; to rent real or 15 personal property for the use of the community college, its students or 16 faculty, for such terms as may be determined by the advisory board; to 17 lease real property of the community college not actually in use for com- 18 munity college instructional purposes for such terms as may be determined 19 by the advisory board; and to lease real property and improvements to the 20 Idaho state building authority, for a term not to exceed fifty (50) years, 21 with or without consideration, and to enter into agreements with the Idaho 22 state building authority for the Idaho state building authority to provide 23 a facility, pursuant to section 67-6410, Idaho Code; 24 (i) To acquire, hold, and dispose of, water rights; 25 (j) To accept grants or gifts of money, materials or property of any kind 26 from any governmental agency, or from any person, firm or association, on 27 such terms as may be determined by the granter and the advisory board; 28 (k) To cooperate with any governmental agency, or any person, firm or 29 association in the conduct of any educational program; to accept grants 30 from any source to conduct such program; and to conduct such program on, 31 or off, campus; 32 (l) To invest any funds of the community college in such securities, and 33 apply the interest or profits from such investment, as prescribed for the 34 investment of the funds, and the application of the interest or profits by 35 the state board of education. 36 SECTION 5. That Section 33-2101, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-2101B. JUNIORCOMMUNITY COLLEGE DISTRICTS, APPROVALS, BOUNDARIES OF 39 JUNIORCOMMUNITY COLLEGE AREAS. JuniorCommunity college districts may be 40 formed and organized in accordance with the provisions of this chapter, and 41 juniorcommunity colleges maintained therein shall be intermediate institu- 42 tions of higher education above grade twelve (12). 43 To provide for the orderly establishment and growth of juniorcommunity 44 colleges, a statewide system of six junior(6) community college areas is 45 hereby created, as hereafter described. The Sstate Bboard of Eeducation shall 46 only approve the existence of one (1) centrally located district in any area 47 until the enrollment of such juniorcommunity college therein exceeds one 48 thousand (1,000) full-time day students a year from within the area. 49 The boundaries of juniorcommunity college areas hereby created may be 50 changed by the Sstate Bboard of Eeducation upon thirty (30) days' notice to 51 the boards of trustees of each school district in each of the juniorcommunity 52 college areas affected and upon public hearing. No change shall be made to 53 place more than one (1) existing juniorcommunity college in an area. Notice 4 1 of any boundary change shall forthwith be filed with the board of county com- 2 missioners of each county affected. 3 Area No. 1 shall comprise the territory of the counties of Benewah, Bon- 4 ner, Boundary, Kootenai and Shoshone. 5 Area No. 2 shall comprise the territory of the counties of Clearwater, 6 Idaho, Latah, Lewis and Nez Perce. 7 Area No. 3 shall comprise the territory of the counties of Ada, Adams, 8 Boise, Canyon, Gem, Payette, Valley, Washington, that portion of Elmore 9 Ccounty lying generally west of a line described as follows: 10 Beginning at the junction of the boundary line common to Blaine, Boise, 11 Custer and Elmore counties, thence proceeding in a general southerly 12 direction along the boundaries of Blaine and Elmore counties and Blaine 13 and Camas counties to the northeast corner of Section 1, T. 1 S., R. 11 14 E., B.M.; thence west 3 miles to the northwest corner of Section 3, same 15 township and range; thence south 4 miles to the southwest corner of Sec- 16 tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles more 17 or less to the southwest corner of Section 19, T. 1 S., R. 9 E., B.M.; 18 thence south 2 miles to the southwest corner of Section 31, T. 1 S., R. 9 19 E., B.M.; thence west a distance of one and three-fourths (1 3/4) miles 20 more or less to a point where the south section line of Section 35, T. 1 21 S., R. 8 E., B.M., intersects Bennett Creek; thence in a southwesterly 22 direction down said Bennett Creek approximately 8 miles more or less to 23 the southwest corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south 24 along the section lines 5 miles to the southwest corner of Section 22, T. 25 3 S., R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec- 26 tion 30, T. 3 S., R. 8 E., B.M.; thence south along the section lines a 27 distance of 14 miles more or less to the Snake River which is also the 28 boundary between Elmore and Owyhee counties; 29 and that portion of Owyhee Ccounty lying generally west of a line described as 30 follows: 31 Beginning at the northwest corner of Section 33, T. 5 S., R. 7 E., B.M., 32 which is on the boundary of Elmore and Owyhee counties, thence south along 33 the section lines 7 miles more or less to the southwest corner of Section 34 33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section 35 4, T. 7 S., R. 7 E., B.M.; thence south one and one-half (1 1/2) miles 36 more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.; 37 thence east along the section lines 10 miles more or less to the northeast 38 corner of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the 39 southeast corner of Section 36, T. 7 S., R. 8 E., B.M.; thence east 40 twenty-one and one-half (21 1/2) miles more or less to the north-south 41 center line of Section 3, T. 8 S., R. 12 E., B.M.; which is also the 42 boundary line of Twin Falls and Owyhee counties; thence south along said 43 boundary lines 36 miles to the township line between Townships 13 South 44 and 14 South, R. 12 E., B.M.; thence west along said township line twenty- 45 seven and one-half (27 1/2) miles more or less to the southwest corner of 46 Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section lines 47 17 miles more or less to the southwest corner of Section 30, T. 16 S., R. 48 8 E., B.M.; which is also the Nevada Sstate Lline. 49 Area No. 4 shall comprise the territory of the counties of Blaine, Camas, 50 Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls, and those portions of 51 the counties of Elmore and Owyhee not included in the description of Area No. 52 3. 53 Area No. 5 shall comprise the territory of the counties of Bannock, Bear 54 Lake, Caribou, Franklin, Oneida, Power, and that portion of Bingham Ccounty 55 lying west of a line described as follows: 5 1 Beginning at the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.; 2 which is also a point common to Jefferson, Bonneville and Bingham coun- 3 ties; thence due south on the section line a distance of eighteen (18) 4 miles to the southeast corner of Section 36, T. 1 N., R. 33 E., B.M.; 5 thence east on the township line a distance of five and one-half (5 1/2) 6 miles more or less to the north-south center line of Section 6, T. 1 S., 7 R. 35 E., B.M.; thence south on the center section line a distance of six 8 (6) miles more or less to a point where said center line intersects the 9 east-west section line common to Section 6, T. 2 S., R. 35 E., B.M. and 10 Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a 11 distance of five and one-half (5 1/2) miles more or less to the northeast 12 corner of Section 1, T. 2 S., R. 35 E., B.M.; thence south one and one- 13 half (1 1/2) miles to the southwest corner of the northwest quarter of 14 Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less 15 to the Range line common to Ranges 36 and 37 E., B.M.; thence south on 16 said Range line two and one-quarter (2 1/4) miles more or less to its 17 point of intersection with the Blackfoot River; thence following the 18 Blackfoot River in a northeasterly and southeasterly direction to a point 19 where said river intersects the township line common to Bingham and Cari- 20 bou counties. 21 Area No. 6 shall comprise the territory of the counties of Bonneville, 22 Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton, and that por- 23 tion of Bingham Ccounty not included in the description of Area No. 5. 24 SECTION 6. That Section 33-2101A, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 33-2101 AC. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding 27 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404, 28 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101,33-2102, 33-2103, 29 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108, 30 33-2109A, 33-2110, 33-2110A, 33-2110B,33-2111, 33-2112, 33-2113, 33-2114, 31 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123, 32 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139, 33 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001, 34 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1721, 35 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and 67-5332, 36 Idaho Code, the term "junior college" shall mean and shall be denoted as 37 "community college." 38 SECTION 7. That Sections 33-2110, 33-2110A and 33-2110B, Idaho Code, be, 39 and the same are hereby repealed. 40 SECTION 8. That Chapter 21, Title 33, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 33-2110, Idaho Code, and to read as follows: 43 33-2110. RESIDENCY -- TUITION. The state board of education shall promul- 44 gate rules for residency and tuition purposes for students attending community 45 colleges. The rules shall be consistent with statute and board rules for resi- 46 dents and nonresidents for purposes of state university attendance. 47 SECTION 9. That Section 33-2139, Idaho Code, be, and the same is hereby 48 amended to read as follows: 6 1 33-2139. STATE JUNIORCOMMUNITY COLLEGE ACCOUNTEQUALIZATION FUND CRE- 2 ATED. There is hereby created athe state juniorcommunity college account in3 the state operatingequalization fund in the state treasurer's officetreasury 4 to which shall be credited all moneys which may be appropriated, apportioned, 5 gifted or allocated to that accountthe fund. The state treasurer shall make 6 such disbursements from the accountfund as may be ordered by the state board 7 of education in accordance with the provisions of this actchapter. Each com- 8 munity college shall be reimbursed five hundred dollars ($500) per semester 9 for each full-time student who resides outside a community college district 10 and is enrolled in the community college. Liability shall be for six (6) 11 semesters or the term of the curriculum for which the student is enrolled, 12 whichever is less, with a maximum payment to a community college of three 13 thousand dollars ($3,000) during the lifetime of a student. For purposes of 14 this section, the state board of education shall determine the definition of 15 a full-time student. Reimbursement shall be by order of the state board of 16 education. 17 SECTION 10. That Chapter 21, Title 33, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 33-2141A, Idaho Code, and to read as follows: 20 33-2141A. DISBURSEMENT OF FUNDS TO STATE COMMUNITY COLLEGES. (1) Funds 21 appropriated to the state board of education for the request for proposal 22 (RFP) process in support of community colleges shall be apportioned equally to 23 each community college area. If more than one (1) institution in an area is 24 eligible to receive funds, the state board of education shall distribute that 25 area's funds directly to the community colleges in that area. 26 (2) Funds not disbursed as an award through the RFP process shall be 27 returned to the state board of education and such funds shall only be used for 28 community colleges established or approved by the state board of education. 29 SECTION 11. That Section 23-404, Idaho Code, as amended by Section 1, 30 Senate Bill No. 1388, as enacted by the Second Regular Session of the 31 Fifty-eighth Idaho Legislature, be, and the same is hereby amended to read as 32 follows: 33 23-404. DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT. (1) The moneys received 34 into the liquor account shall be transferred or appropriated as follows: 35 (a) An amount of money equal to the actual cost of purchase of alcoholic 36 liquor and payment of expenses of administration and operation of the dis- 37 pensary, as determined by the superintendent and certified quarterly to 38 the state controller, shall be transferred back to the dispensary; pro- 39 vided, that the amount so transferred back for administration and opera- 40 tion of the dispensary shall not exceed the amount authorized to be 41 expended by regular appropriation authorization. 42 (b) From fiscal year 2006 through fiscal year 2009, forty percent (40%) 43 of the balance remaining after transferring the amounts authorized by 44 paragraph (a) of this subsection shall be transferred or appropriated pur- 45 suant to this paragraph (b). Beginning in fiscal year 2010 the percentage 46 transferred pursuant to this paragraph (b) shall increase to forty-two 47 percent (42%) with an increase of two percent (2%) for each subsequent 48 fiscal year thereafter until fiscal year 2014 when such percentage shall 49 be fifty percent (50%). 50 (i) For fiscal year 2006 and through fiscal year 2009, one million 51 eight hundred thousand dollars ($1,800,000) shall be appropriated and 7 1 paid to the cities and counties as set forth in paragraphs (c)(i) and 2 (c)(ii) of this subsection; 3 (ii) One million two hundred thousand dollars ($1,200,000) shall be 4 transferred annually to the alcoholism treatment fund, which is 5 hereby created in the trust and agency fund; 6 (iii) Three hundred thousand dollars ($300,000) shall be transferred 7 annually to the community college accountequalization fund, created 8 by section 33-2139, Idaho Code; 9 (iv) One million two hundred thousand dollars ($1,200,000) shall be 10 transferred annually to the public school income fund, as defined in 11 section 33-903, Idaho Code; 12 (v) Six hundred fifty thousand dollars ($650,000) shall be trans- 13 ferred annually to the cooperative welfare account in the dedicated 14 fund; and 15 (vi) The balance shall be transferred to the general fund. 16 (c) The remainder of the moneys received in the liquor account shall be 17 appropriated and paid as follows: 18 (i) Forty percent (40%) of the balance remaining after the transfers 19 authorized by paragraphs (a) and (b) of this subsection have been 20 made is hereby appropriated to and shall be paid to the several coun- 21 ties. Each county shall be entitled to an amount in the proportion 22 that liquor sales through the dispensary in that county during the 23 state's previous fiscal year bear to total liquor sales through the 24 dispensary in the state during the state's previous fiscal year, 25 except that no county shall be entitled to an amount less than that 26 county received in distributions from the liquor account during the 27 state's fiscal year 1981. Of the amount owing to the several counties 28 pursuant to this paragraph, the state liquor dispensary shall trans- 29 fer forty percent (40%) of those funds under this subsection 30 (1)(c)(i) to the community college equalization fund created in sec- 31 tion 33-2139, Idaho Code, for each county outside of a community col- 32 lege district. 33 (ii) Sixty percent (60%) of the balance remaining after the transfers 34 authorized by paragraphs (a) and (b) of this subsection have been 35 made is hereby appropriated to and shall be paid to the several cit- 36 ies as follows: 37 1. Ninety percent (90%) of the amount appropriated to the cit- 38 ies shall be distributed to those cities which have a liquor 39 store or distribution station located within the corporate lim- 40 its of the city. Each such city shall be entitled to an amount 41 in the proportion that liquor sales through the dispensary in 42 that city during the state's previous fiscal year bear to total 43 liquor sales through the dispensary in the state during the 44 state's previous fiscal year, except that no city shall be enti- 45 tled to an amount less than that city received in distributions 46 from the liquor account during the state's fiscal year 1981; 47 2. Ten percent (10%) of the amount appropriated to the cities 48 shall be distributed to those cities which do not have a liquor 49 store or distribution station located within the corporate lim- 50 its of the city. Each such city shall be entitled to an amount 51 in the proportion that that city's population bears to the popu- 52 lation of all cities in the state which do not have a liquor 53 store or distribution station located within the corporate lim- 54 its of the city, except that no city shall be entitled to an 55 amount less than that city received in distributions from the 8 1 liquor account during the state's fiscal year 1981. 2 (2) All transfers and distributions shall be made periodically, but not 3 less frequently than quarterly but, the apportionments made to any county or 4 city, which may during the succeeding three (3) year period be found to have 5 been in error either of computation or transmittal, shall be corrected during 6 the fiscal year of discovery by a reduction of apportionments in the case of 7 over-apportionment or by an increase of apportionments in the case of under- 8 apportionment. The decision of the superintendent on entitlements of counties 9 and cities shall be final, and shall not be subject to judicial review. 10 SECTION 12. That Section 33-2141, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-2141. DISBURSEMENT OF FUNDS -- METHOD -- FUNDS DISBURSED NOT CONSID- 13 ERED IN FIXING TUITION. Funds appropriated to the state juniorcommunity col- 14 lege accountequalization fund shall be disbursed to the qualifying junior15 community college districts as follows: fifty percent (50%) of the moneys in 16 the account shall be disbursed on the twentieth day of July of each year and 17 the remainder of the account shall be disbursed on the first day of September 18 of each year. Funds disbursed under this actchapter shall not be considered 19 by the board of trustees of any juniorcommunity college in fixing tuition of 20 such college. pursuant to section 33-2110, Idaho Code.21 SECTION 13. That Section 33-4306, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 33-4306. DEFINITIONS. As used in this act, unless the context otherwise 24 requires: 25 (1) "Eligible postsecondary institution" means a public postsecondary 26 organization governed or supervised by the state board of education, the board 27 of regents of the university of Idaho, a board of trustees of a community col- 28 lege established pursuant to the provisions of section 33-2106, Idaho Code, or 29 the state board for professional-technical education or any educational orga- 30 nization which is operated privately and not for profit under the control of 31 an independent board and not directly controlled or administered by a public 32 or political subdivision. A public or private educational organization becomes 33 eligible to participate in category B grant awards if the organization agrees 34 to match awards granted to each eligible category B student. If an institu- 35 tion declines to match awards, an eligible student will receive the state por- 36 tion of the award to that institution. 37 (2) "Educational costs" means student costs for tuition, fees, room and 38 board, or expenses related to reasonable commuting, books and such other 39 expenses reasonably related to attendance at a postsecondary educational 40 institution. 41 (3) "Student" means an individual resident student as defined in section 42 33-3717B or 33-2110 B, Idaho Code, enrolled full time and carrying a sufficient 43 number of credit hours, or their equivalent, to secure an individual's first 44 degree, certificate, diploma or less, toward which the individual is working, 45 in no more than the number of semesters, or equivalent, normally required by 46 the eligible postsecondary institution in the program in which the individual 47 is enrolled and provided that the baccalaureate degree, certificate, diploma 48 or lesser program requires at least six (6) months or equivalent of consecu- 49 tive attendance. A student engaged in a four (4) year baccalaureate program 50 shall not be terminated from this scholarship program by having earned an 51 intermediate degree, certificate or diploma. 9 1 (4) "Enrollment" means the establishment and maintenance of an 2 individual's status as a student in an eligible postsecondary institution, 3 regardless of the term used at the institution to describe such status. 4 (5) "Eligible category A student" means any individual who declares his 5 intention to matriculate in an eligible postsecondary institution in the state 6 of Idaho during the educational year immediately following: 7 (a) The individual's graduation from an accredited secondary school in 8 the state of Idaho; or 9 (b) The individual's graduation from an accredited secondary school out- 10 side of the United States, provided that the individual graduated from 11 such school, and the individual and a parent of the individual were resi- 12 dents of the state of Idaho, within one (1) year of leaving the state due 13 to the military status or job relocation of a parent. 14 (6) "Eligible category B student" means any student, having completed 15 secondary school or its equivalent in the state of Idaho, or outside of the 16 United States if within one (1) year of leaving the state due to the military 17 status or job relocation of a parent (a) the student completed such secondary 18 school or its equivalent, and (b) the student and a parent of the student were 19 residents of the state of Idaho, and who enrolls as a student in an eligible 20 postsecondary institution in the state of Idaho prior to reaching twenty-two 21 (22) years of age. To maintain eligibility a student must achieve and maintain 22 a 2.5 cumulative grade point average while enrolled in an eligible post- 23 secondary institution. Students meeting the requirements of this subsection 24 who were not eligible for a grant in the first term of postsecondary education 25 and who achieve and maintain a 2.5 cumulative grade point average based on a 26 4.0 system in an eligible postsecondary institution will become eligible for 27 grant payments in subsequent school terms. 28 (7) "Grant" means an award to an eligible student for matriculation in an 29 eligible postsecondary institution in the state of Idaho. 30 (8) "Educational year" means the period from July 1 of a year through 31 June 30 of the succeeding year. 32 (9) "Competitive examination" means standardized examination(s) measuring 33 achievement administered annually on a voluntary basis on a specified date and 34 at specified locations announced publicly. 35 (10) "High school record," for category A students, will be defined by the 36 state board of education and the board of regents of the university of Idaho 37 and may include, but need not be limited to, an individual's rank in his sec- 38 ondary school class, grade point average, and difficulty of course load taken 39 as certified by an official of such secondary school, and the individual's 40 secondary school deportment as evaluated by at least two (2) officials of such 41 secondary school. 42 (11) "High school record," for category B students, shall be defined by 43 the state board of education and the board of regents of the university of 44 Idaho and may include, but need not be limited to, an individual's secondary 45 school cumulative grade point average or a composite score on the American 46 college test (ACT). 47 (12) "Cumulative grade point average" is defined as a student's cumulative 48 grade point average for all courses taken in grades nine (9) through twelve 49 (12) and calculated on a grade of A equals 4.0 points, a grade of B equals 3.0 50 points, a grade of C equals 2.0 points, a grade of D equals 1.0 point and a 51 grade of F equals 0.0 points.
STATEMENT OF PURPOSE RS 16315 Today, many Idaho students are taking lower division and remedial courses at traditional universities and paying the higher tuition rates associated with universities. If these students were enrolled in a community college, they would be paying a significantly lower tuition rate. Idaho must take steps to expand access to community college services and ensure affordability of these services so that every Idahoan has an opportunity for continued learning. Currently, community colleges exist in only two areas of the state. The purpose of this legislation is to update code and empower the State Board of Education to establish a network of community colleges where there are postsecondary educational needs. This legislation does not allow the board to establish new community colleges in areas where they already exist. College of Southern Idaho and North Idaho College will continue to have a local board of trustees and will maintain their current level of local control. If adopted, this legislation will rename the statewide community college fund as the State Community College Equalization Fund. A portion of the liquor distribution fund will be assigned to the Community College Equalization account, and all community colleges will bill the Community College Equalization account for tuition chargeback. All counties in Idaho will be relieved from paying any tuition chargeback in the future. Those counties with organized community college districts will not lose any of their current liquor funds. FISCAL NOTE This legislation establishes the Idaho Community College Equalization Fund and provides for the allocation of 40% of the liquor surcharge otherwise distributed to counties pursuant to Idaho Code 23-404(c)to the Idaho Community College Equalization Fund. The remaining 60% of the liquor surcharge pursuant to Idaho Code 23-404 will be distributed directly to counties. This legislation also repeals Idaho Code 33-2110A, the county tuition payment for out-of-district Idaho students attending a state community college. In FY 2007, under existing code, it is projected that $10,543,600 would be distributed to the several counties, of which $5,271,800 is dedicated to county tuition payment for out-of-district Idaho students attending a state community college. If this legislation is adopted, $4,217,440 would be allocated to the Idaho Community College Equity Fund and the balance of $6,326,160 would be allocated to the several counties without further obligation to pay any tuition. This legislation is consistent with the Governor's Idaho College Initiative Recommendation of $5.0 million in seed money for community colleges. It is anticipated that if this legislation passes, the FY 2007 fiscal impact could be $3.5 million ongoing and $1.5 million one-time appropriation from the Economic Reserve Fund. Contact Name: Senator John Goedde and Rep. Ann Rydalch Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 867