2008 Legislation
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HOUSE BILL NO. 399<br /> – Community college, tuition


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Bill Status

H0399..........................................................by EDUCATION
COMMUNITY COLLEGES - Amends existing law to revise the maximum tuition
full-time students of a community college are required to pay; and to
remove a provision regarding the tuition to be paid by all other students
taking such courses.

01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Educ
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 49-18-3
      AYES -- Anderson, Andrus, Bell, Black, Block, Bock, Boe, Bolz,
      Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Eskridge, Hart,
      Henbest, Henderson, Killen, King, Lake, LeFavour, Luker, Marriott,
      Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Thomas,
      Trail, Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Bayer, Bilbao, Bowers, Collins, Crane, Durst,
      Hagedorn, Harwood, Kren, Labrador, Loertscher, Mathews, McGeachin,
      Moyle, Schaefer, Snodgrass, Vander Woude
      Absent and excused -- Bedke, Jaquet, Wood(35)
    Floor Sponsors - Block & Chadderdon
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Educ
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon
    Floor Sponsor - Goedde
    Title apvd - to House
03/07    To enrol
03/10    Rpt enrol - Sp signed
03/11    Pres signed - To Governor
03/17    Governor signed
         Session Law Chapter 133
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 399

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 33-2110, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        33-2110.  TUITION. (1) All students  of  a  community  college  shall  pay
 10    tuition  that  shall be fixed annually by the board of trustees not later than
 11    the 1st day of August of each year. The tuition for full-time students  taking
 12    normal academic courses provided by the college, who are residents of the dis-
 13    trict,  shall be fixed at not less than three hundred fifty dollars ($350) per
 14    annum, and may be increased by increments of not more than ten  percent  (10%)
 15    per annum to a maximum tuition of one two thousand two five hundred fifty dol-
 16    lars  ($1,2502,500) per annum. For all other students taking such courses tThe
 17    tuition shall be, as nearly as is practicable, the annual costs  of  all  ele-
 18    ments  of  providing the courses of instruction, including interest on general
 19    obligation bonds, teaching, administration, maintenance, operation and  depre-
 20    ciation  of equipment and buildings, supplies and fuel, and other ordinary and
 21    necessary expenses of operation incurred in providing courses by the community
 22    college, provided that the tuition of students residing outside  the  district
 23    but  within  the  county  or counties wherein the district is located shall be
 24    fixed after taking into account moneys received by the community college  dis-
 25    trict  from  any funds allocated to the community college from the educational
 26    funds of the state of Idaho, other than allocations for professional-technical
 27    education; and provided that the tuition of students residing outside the dis-
 28    trict and the county but within the state of Idaho shall be fixed after taking
 29    into account moneys received from educational funds other  than  professional-
 30    technical  moneys,  as  referred  to in this chapter, from the state of Idaho.
 31    Receipt of moneys, as hereinbefore provided in this section,  shall  be  based
 32    upon  the receipts from the sources referred to during the fiscal year preced-
 33    ing the fixing of the tuition. A student in a community college shall  not  be
 34    deemed  a  resident of the district or of the county or of the state of Idaho,
 35    unless that student is deemed a resident as defined by section 33-2110B, Idaho
 36    Code, for the district, county or state prior to the date of his first enroll-
 37    ment in the community college, and no student who was not a  resident  of  the
 38    district, county or state shall gain residence while attending and enrolled in
 39    the community college. The residence of a minor shall be deemed to be the res-
 40    idence  of  his  parents  or  parent  or guardian. Tuition shall be payable in
 41    advance, but the board may, in its discretion, permit tuition to  be  paid  in
 42    installments.
 43        (2)  The  board  of  trustees shall also fix fees for laboratory and other


  1    special services provided by the community college and  for  special  courses,
  2    including,  but  not  limited  to,  night  school,  off-campus courses, summer
  3    school, professional-technical courses, as otherwise provided in this chapter,
  4    and other special instruction provided by the community college and nothing in
  5    this chapter shall be deemed to control the  amount  of  tuition  for  special
  6    courses  or  fees for special services, as herein provided, but the same shall
  7    be, as nearly as reasonable, sufficient to cover the cost of all  elements  of
  8    providing courses as above defined.
  9        (3)  In this chapter, unless the context requires otherwise, the following
 10    definitions  shall  be uniformly applied. The application of these definitions
 11    shall be retroactive and prospective.
 12        (a)  "Fees" shall include all charges imposed by the  governing  body,  to
 13        students,  as  a whole or individually, in excess of tuition. Student fees
 14        may be imposed for special courses, instruction, and service:
 15             (i)   "Special course or instruction fee" means  those  fees  charged
 16             for  any  class or educational endeavor which shall have unique costs
 17             beyond a traditional college lecture class; for example, foreign lan-
 18             guage audio or visual instruction, specialized  musical  instruction,
 19             computer  class,  art  class involving supplies or audiovisual equip-
 20             ment, professional-technical instruction, laboratory class,  remedial
 21             instruction, team teaching, satellite transmissions, outside instruc-
 22             tor, professionally assisted instruction, etc.
 23             (ii)  "Special  service  fee"  means those fees charged for activity,
 24             benefit, or assistance offered to students  which  is  beyond  tradi-
 25             tional  classroom  instruction;  for example, student government sup-
 26             port, providing of student health staff or facilities, student  union
 27             support,   intramural  and  intercollegiate  athletics,  recreational
 28             opportunities, financial aid services, graduation expense, automobile
 29             parking,  student  yearbook/publication,   insurance,   registration,
 30             noncapital library user fee, etc.
 31        Fees  shall not be imposed for any capital improvements except as specifi-
 32        cally authorized in chapter 21, title 33, Idaho Code.
 33        (b)  "Tuition" shall mean a sum  charged  students  for  cost  of  college
 34        instruction and shall include costs associated with maintenance and opera-
 35        tion of physical plant, student services and institutional support.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE

                          RS 17412

Currently Idaho Code 33-2110 limits annual the amount that 
community colleges can charge for tuition to $1,250 ($625 per 
semester).  CSI and NIC are approaching the annual limit with 
tuition and will have to freeze tuition if this limit is not 
increased.  This current restriction will also prevent the 
College of Western Idaho from setting tuition charges above $625 
per semester.

This legislation does not directly increase tuition and fees.  
It maintains the authority of locally elected community college 
boards of trustees to set tuition and fees as described 
throughout Idaho Code 33-2110.

                        FISCAL NOTE

No impact on the General Fund.

Name:	Mike Mason
Agency:	State Board of Educ./College of Southern Idaho
Phone:	208-732-6203