House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HOUSE BILL 2005

 

 

 

AN ACT

 

amending sections 15‑1427, 15‑1469 and 15‑1802.01, Arizona Revised Statutes; relating to community colleges.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 15-1427, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1427.  Annual report

A.  By December 1 of each year, each community college district shall make a report for the preceding fiscal year to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee and shall provide a copy of this report to the secretary of state.

B.  The report shall contain the following information regarding the operation of the district:

1.  The state of progress of the community colleges operated under this chapter.

2.  The courses of study included in the curriculums curricula.

3.  The number of professors and other instructional staff members employed.

4.  The number of students registered and attending classes.

5.  The number of full‑time equivalent students enrolled during the year.

6.  The total number of students not residing in the district, disaggregated by the county of residence for nonresident students who reside in this state and by the state of residence for nonresident students who reside in another state.

7.  The amount of receipts and expenditures.

8.  A general description of tuition and fees charged for credit courses.

9.  A general description of tuition and fees charged for noncredit courses.

10.  Such other information as the governor and the joint legislative budget committee deem proper.

C.  In each odd-numbered calendar year, the report shall also contain the following information regarding dual enrollment programs operated pursuant to section 15‑1821.01:

1.  Documentation of compliance with the requirements prescribed in section 15‑1821.01, paragraphs 3, 4 and 5, including a list of the members of the faculty advisory committees of each community college.

2.  Total enrollments listed by location, by high school grade level and by course.

3.  A copy of each addendum to intergovernmental agreements or contracts executed pursuant to section 15‑1821.01, paragraph 1.

4.  Summary data by community college district and by individual community colleges on the number of scholarships or grants awarded to students.

5.  Such other information as the governor and the joint legislative budget committee deem proper. END_STATUTE

Sec. 2.  Section 15-1469, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1469.  Attendance of nonresident state students; payment of cost by county of residence

A.  The district may admit students from any part of this state which that is not a part of an established community college district on the same conditions as residents.

B.  It shall be the obligation of The county of the student's residence to shall reimburse the district as provided in this subsection.  The amount of reimbursement to each community college district from each county which that is not a part of an organized community college district shall be determined as follows:

1.  For students attending classes within the established community college district:

(a)  Determine the number of full‑time equivalent students attending classes within the district from the county for the year preceding the current year.

(b)  Determine the operational expenses of the district for the current year, excluding direct and indirect costs of noncredit courses.

(c)  Determine the amount of state aid the district received for the current year as provided in section 15‑1466.

(d)  Subtract the amount of state aid received for the current year determined in subdivision (c) of this paragraph from the amount of operational expenses for the current year determined in subdivision (b) of this paragraph.

(e)  Determine the number of full‑time equivalent students enrolled in the district for the current year.

(f)  Divide the amount determined in subdivision (d) of this paragraph by the number of full‑time equivalent students determined in subdivision (e) of this paragraph.

(g)  Multiply the amount determined in subdivision (f) of this paragraph by the average number of full‑time equivalent students for the county determined as provided in subdivision (a) of this paragraph.

The resulting amount is the amount of reimbursement to the district from the county for the budget year for students attending classes within the established community college district.

2.  For students attending classes offered by the district within the county pursuant to section 15‑1470, the amount specified in the intergovernmental agreement is the amount of reimbursement to the district from the county for the budget year for students attending classes within the county.

C.  The county school superintendent of the county of the student's residence shall certify to the community college district board and the board of supervisors that the student is a resident of the county.

D.  C.  On or before May 15 of each year, the staff of the joint legislative budget committee shall:

1.  Determine the amount of reimbursement to each district from each county pursuant to subsection B, paragraph 1 of this section.

2.  Notify the board of supervisors of each county of the amount it shall reimburse to each district pursuant to subsection B, paragraph 1 of this section for the budget year.

3.  Notify each community college district eligible to receive reimbursement of the amount of reimbursement from each county pursuant to subsection B, paragraph 1 of this section for the budget year.

E.  D.  On or before November 15 and May 15 of each year, the board of supervisors shall draw warrants on the county treasurer in favor of the community college district for half of the amount due pursuant to subsection B of this section. The board of supervisors shall:

1.  Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42‑17203 for the amount of reimbursement pursuant to an intergovernmental agreement for extension courses as provided in section 15‑1470.

2.  Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42‑17203 for the amount of reimbursement pursuant to subsection B, paragraph 1 of this section.

F.  E.  Notwithstanding subsection D of this section, a county and a community college district may specify by intergovernmental agreement that the amount of reimbursement due from the county be reduced by the value of in‑kind contributions made by the county to the district.

G.  F.  For the purposes of subsection B, paragraph 1 of this section, full‑time equivalent students are determined in the same manner prescribed by section 15‑1466.01. END_STATUTE

Sec. 3.  Section 15-1802.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1802.01.  County residency status; community college districts

A.  Each community college district shall adopt policies regarding domicile requirements that include, at a minimum, the following:

1.  Each student shall have the question of domicile determined before the time of registration and payment of fees.  It is the responsibility of the student to register under the correct domicile determination.

2.  Enforcement of domicile requirements shall be the responsibility of the chief executive officer of each community college district.

3.  The chief executive officer of each community college district shall designate a representative at each college or campus who is responsible for documents and who is qualified to administer oaths as defined in section 41‑311 in connection with statements and testimony relative to student domicile status for tuition purposes. 

4.  In addition to the requirements prescribed in section 15‑1802, subsection G, any of the following may be used in determining a student's domicile:

(a)  An income tax return.

(b)  The place of graduation from high school.

(c)  The source of financial support.

(d)  Dependency as indicated on a federal income tax return.

(e)  Ownership of real property.

(f)  A notarized statement of a landlord or employer.

(g)  Bank accounts.

B.  Each community college district shall adopt policies regarding classification procedures for a student for nonresident or resident tuition purposes that include, at a minimum, the following:

1.  In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source that is relevant to determining classification.  The college may request written sworn statements or sworn testimony of the student.

2.  The decision as to classification shall be made by the representative designated pursuant to subsection A, paragraph 3 of this section.  In making the decision the representative may consult with other college officials.  Decisions by the representative shall be made as soon as possible after all relevant information is acquired.

3.  If the representative classifies the student as a nonresident for tuition purposes, the decision shall be communicated to the student by mail to the most recent address furnished to the college.  If the student is classified as a nonresident for tuition purposes, the student must make satisfactory provision for payment of nonresident tuition and other charges.

C.  Each community college district shall adopt a review and appeals process for students contesting a domicile decision by the college.

D.  An individual domiciled in this state, but not in a community college district, shall be required to sign a notarized statement as to county residency stating that the individual has resided in the county for at least fifty days before the first day of classes.END_STATUTE