Bill Text: AZ HB2637 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: State board; community colleges
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-05 - Introduced in House and read first time [HB2637 Detail]
Download: Arizona-2016-HB2637-Introduced.html
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REFERENCE TITLE: state board; community colleges |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2637 |
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Introduced by Representative Saldate
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AN ACT
Repealing section 15‑1427, Arizona Revised Statutes; amending Title 15, chapter 12, article 2, Arizona Revised Statutes, by adding sections 15-1421, 15-1422, 15-1423, 15-1424, 15-1425, 15-1426, 15-1427, 15-1428 and 15-1429; amending Title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3027.01; relating to community colleges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 15-1427, Arizona Revised Statutes, is repealed.
Sec. 2. Title 15, chapter 12, article 2, Arizona Revised Statutes, is amended by adding sections 15-1421, 15-1422, 15-1423, 15-1424, 15-1425, 15‑1426, 15-1427, 15-1428 and 15-1429, to read:
15-1421. State board of directors for community colleges; members; appointments; terms; vacancy; oath
A. the state board of directors for community colleges is established consisting of fifteen members, one from each county, who are appointed by the governor pursuant to section 38-211, a representative of the Arizona board of regents and the superintendent of public instruction or the superintendent's designee. The designee shall have the same powers on the board, including voting powers, as the superintendent of public instruction. The designee shall serve at the discretion of the superintendent of public instruction.
B. The term of each member who is appointed by the governor is seven years, to begin and end on the third Monday in January.
C. Notwithstanding section 38-291, the office of a member of the state board of directors for community colleges is deemed vacant if the person holding the office ceases to be a resident of the county for which appointed.
D. Each appointive member of the state board of directors for community colleges shall take the oath of office before beginning service on the state board.
15-1422. Officers; organization; meetings; immunity
A. The state board of directors for community colleges shall appoint an executive director who is not a member of the state board and select from its membership a chairperson, a treasurer and any other officers it deems necessary. The state board shall hold at least eight meetings annually and may hold such special meetings, at the call of the chairperson, as may be deemed necessary or advisable.
B. A majority of the membership of the state board constitutes a quorum for the transaction of business at any meeting regularly called, but a number less than a quorum may adjourn from time to time.
C. Members of the state board are immune from personal liability with respect to all acts done and actions taken in good faith within the scope of their authority during duly constituted regular and special meetings.
15-1423. Compensation of executive director and board members
A. The executive director of the state board of directors for community colleges shall receive compensation as determined pursuant to section 38-611.
B. All members of the state board except the superintendent of public instruction or the superintendent's designee shall receive compensation as determined pursuant to section 38-611 for each day of attendance at board meetings.
15-1424. General powers and duties of state board; definition
A. The state board of directors for community colleges may:
1. Adopt a corporate seal.
2. Contract with any person.
3. Sue and be sued.
4. Adopt rules concerning and prescribe limitations on contracting by district boards.
5. Conduct pilot projects for implementing cooperative agreements between community college districts and high school districts and other vocational and technical education and employment training providers.
6. Adopt rules regarding the construction, remodeling and repair of buildings that permit district boards to accomplish minor construction, remodeling and repair projects without prior approval of the state board.
7. On the request of a district board, waive tuitions and fees and graduate the tuition and fee waivers for a student in any of the institutions under the district board's jurisdiction if the student is one of the following:
(a) An employee or the spouse or dependent child of an employee of the community college district.
(b) A nonresident student enrolled in the community college district, if the state board and district board determine the waiver is in the best interests of this state and the student.
B. The state board shall determine the location within the district of a community college and shall purchase, receive, hold, make and take leases of and sell real property for the benefit of this state and for the use of the community colleges under its jurisdiction. Notwithstanding this subsection, the state board may delegate to district boards the power to lease or lease-purchase real property, including buildings and improvements to the property, as lessor or as lessee.
c. The state board may enter into lease or lease-purchase agreements for real property, including buildings and improvements to the property.
D. a Lease or lease-purchase agreement authorized by this section does not create an obligation of payment by the district under the terms of the lease or lease-purchase agreement for periods longer than fifteen years.
e. The amount of outstanding indebtedness due to acquisition of real property by lease-purchase per community college district may not exceed two million five hundred thousand dollars in any one year and fifteen million dollars in the aggregate. At the request of a district board, the state board may pledge tuitions, fees, rentals and other charges to any payments due under lease-purchase agreements.
f. Notwithstanding subsection e of this section, periodic payments and any option payments for acquisition of real property by lease-purchase are restricted to payment from capital outlay funds.
g. community college Districts that acquire real property by lease-purchase are not entitled to receive monies pursuant to section 15-1463 pertaining to the specific real property acquired by lease-purchase.
H. Notwithstanding any other provision of law, payments on lease or lease-purchase agreements entered into pursuant to this section are an obligation of the district within the meaning of the constitutional limit against indebtedness prescribed in article IX, section 8, Constitution of Arizona.
i. If the state board or, under authority of the state board, a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the state board or district shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest. The lien for unpaid delinquent taxes, penalties and interest on property acquired by the state board or a district:
1. Is not abated, extinguished, discharged or merged in the title to the property.
2. Is enforceable in the same manner as other delinquent tax liens.
j. The state board may accept grants or donations of monies from the United States, or from any of its agencies, departments or officers, or from any person, corporation, foundation or association. The state board shall deposit, pursuant to sections 35-146 and 35-147, the monies into a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific rules or restrictions as described or stipulated in the grant or donation. In the case of personal property granted or donated to or for the benefit of a community college district, the state board shall immediately transfer possession and ownership of the property to the designated district.
k. The state board may establish a program for the exchange of students between the community colleges under the state board's jurisdiction and colleges and universities located in Sonora, Mexico. Notwithstanding section 15-1425, paragraph 5, the program may provide for in-state tuition for up to fifty Sonora students at the community colleges under the state board's jurisdiction in exchange for similar tuition provisions for up to fifty Arizona students enrolled or seeking enrollment in Sonora colleges and universities. The state board and the community colleges may work in conjunction with the Arizona-Mexico commission in the governor's office to coordinate recruitment and admissions activities.
l. For the purposes of this section, "Minor construction, remodeling and repair projects" means those projects that cost no more than:
1. For fiscal year 1986-1987, fifty thousand dollars.
2. Beginning with fiscal year 1987-1988, the amount for the previous fiscal year adjusted by the growth rate prescribed by law, subject to appropriation.
15-1425. General administrative powers of state board
The state board of directors for community colleges shall:
1. Enact ordinances for the government of the institutions under its jurisdiction.
2. Set standards for the establishment, development, administration, operation and accreditation of community colleges.
3. Permit and arrange for certification of experienced and qualified community leaders in business, the professions and the arts for the purpose of teaching classes at a community college in fields of their specific competence.
4. Establish qualifications of the instructional staff and establish standards of vocational and technical competence required to instruct in occupational as well as academic subjects.
5. Fix tuitions and fees that the community college districts shall charge and graduate the tuitions and fees between institutions and between residents, nonresidents and students from foreign countries.
6. Establish curricula and designate courses at the several institutions that in its judgment will best serve the interests of this state.
7. Fix and collect fees for issuance and renewal of certificates as provided in paragraphs 3 and 4 of this section. The state board shall deposit, pursuant to sections 35-146 and 35-147, all fees collected under this paragraph in a special fund known as the certification fund, which the state board shall use to defray the costs of certification.
8. Prescribe qualifications for admission to community colleges for honorably discharged veterans who served on active duty in the armed forces for at least one year and who were previously enrolled at a community college or university in this state. For the purpose of determining the qualifications, the state board may not consider prior failing grades received by the veteran at a community college or university in this state.
9. In conjunction with the state board for vocational and technical education, review and adopt program and staff standards with modifications as necessary for courses taught in community colleges. The state board of directors for community colleges shall base the standards on vocational and technical competence as prescribed by chapter 7, article 5 of this title.
10. In conjunction with the state board for vocational and technical education, prepare, publish and distribute an annual state plan and a comprehensive five‑year state plan.
11. Prescribe the manner in which the self-evaluation of vocational and technical education programs is conducted.
12. Prescribe guidelines providing for the transferability between community college district vocational and technical education programs and, in conjunction with the state board for vocational and technical education, prescribe guidelines for the interrelationship of secondary programs and postsecondary programs.
13. In conjunction with the state board for vocational and technical education, develop a process to determine program funding priorities for state aid purposes. The state board of directors for community colleges shall submit state aid recommendations to the legislature that are based on the process and on existing cost studies of vocational and technical education in this state.
14. on or before January 10 of each year, submit to the economic estimates commission the estimated number of full-time equivalent students for each community college district.
15. Determine academic classes that qualify as open entry, open exit classes as defined in section 15-1401 and prescribe rules for the operation of open entry, open exit classes.
16. Require the publisher of each literary and nonliterary textbook used in the community colleges of this state to furnish to the state board computer software in a standardized format when software becomes available for nonliterary textbooks from which braille versions of the textbook may be produced.
15-1426. Employment of legal counsel to procure federal loans
The state board of directors for community colleges may employ legal assistance in procuring loans for community colleges from the United States government. Fees or compensation paid for such legal assistance may not be a claim on the state general fund but shall be paid from monies appropriated to the state community college system.
15-1427. Annual report
on or before November 1 of each year, the state board of directors for community colleges shall report to the governor for the preceding fiscal year the progress of the community colleges operated under this chapter, the courses of study included in the curricula, the number of professors and other instructional staff members employed, the number of students registered and attending classes, the amount of receipts and expenditures and such other information as the state board deems proper.
15-1428. Uniform system of accounting for community college districts; duties of state board and auditor general
A. The auditor general shall determine the accounting systems, accounting methods and accounting procedures for use by community college districts.
B. The auditor general, in conjunction with the state board of directors for community colleges shall prescribe a uniform system of accounting as provided in section 41-1279.21 for use by all community college districts.
15-1429. Services outside district boundaries
Except as provided in section 15-1470, a community college district may offer credit and noncredit courses and services outside of the district. The state board of directors for community colleges shall adopt rules concerning the offering of credit courses outside a district, including distance learning courses. A district is not entitled to state aid payments for students who are provided courses and services outside of this state.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3027.01, to read:
41-3027.01. State board of directors for community colleges; termination July 1, 2026
A. The state board of directors for community colleges terminates on July 1, 2026.
B. title 15, chapter 12, article 2 is repealed on January 1, 2027.
Sec. 4. Initial terms of members of the state board of directors for community colleges
A. Notwithstanding section 15-1421, Arizona Revised Statutes, as added by this act, the initial terms of the appointed members of the state board of directors for community colleges are:
1. Three terms ending January 1, 2017.
2. Three terms ending on the third Monday in January 2018.
3. Three terms ending on the third Monday in January 2019.
4. Three terms ending on the third Monday in January 2020.
5. Three terms ending on the third Monday in January 2021.
B. The governor shall make all subsequent appointments as prescribed by statute.
Sec. 5. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the state board of directors for community colleges to provide for the government, oversight, planning and coordination of this state's community college system in areas of statewide concern.
Sec. 6. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty‑third legislature, first regular session.
