House of
Representatives
HB 2113
provisional community colleges; property transfer
Sponsor: Representative Konopnicki
HB 2113 authorizes a county that received real property from the former State Board of Directors for Community Colleges to transfer title to that property to a provisional community college district before January 1, 2013 and authorizes a provisional community college district to issue bonds for capital outlay purposes.
History
Laws 1999, Chapter 340 authorized provisional community college districts. Provisional community college districts have the same powers and duties as regular community college districts, except provisional community college districts issue student degrees through an existing community college district, providing academic and student services to provisional community college district students. Statute permits unorganized counties that do not meet the statutory population threshold and assessed valuation qualifications for the formation of a community college district to hold an election to form a provisional community college district. Arizona Revised Statutes (A.R.S.) § 15-1409 stipulates that provisional community college districts are prohibited from receiving state contribution for capital outlay for initial or additional campuses.
Laws 2002, Chapter 330 began the transfer of general administrative powers, authorities, oversight and responsibilities of the State Board of Directors for Community Colleges (SBDCC) to the individual community college district governing boards. Administrative rules and orders of the SBDCC remained in effect until June 30, 2003, and community college district governing boards were prohibited from adopting rules that conflicted with rules adopted by the SBDCC. Additionally, all real and personal property from the SBDCC was transferred to the respective community college district governing boards.
A.R.S. § 11-251 requires a county board of supervisors (Board) to sell, at a public auction, any property belonging to the county that the Board deems advantageous or deems unnecessary for use. The Board is required to have the real property appraised by a qualified independent fee appraiser who has an office located in Arizona and the appraiser must establish a minimum price, which cannot be less than 90% of the appraised value.
A.R.S. § 15-1465 allows regular community college districts to issue bonds, subject to voter approval, for capital outlay purposes. Bond proceeds may be used to purchase land, purchase, erect, remodel, or complete buildings, and purchase equipment and facilities for educational or auxiliary purposes of the community college district. The total amount of the bonds issued cannot exceed 15% of the taxable property in the district. Provisional community colleges do not currently have statutory authority to issue bonds.
Provisions
· Allows a county that received real property from the former SBDCC to transfer title to that property to a provisional community college district before January 1, 2013.
· Stipulates that a transfer under this act is exempt from the sell at public auction statutory requirements.
· Authorizes a provisional community college district to issue bonds for capital outlay purposes in the same manner prescribed for community college districts.
· Specifies that the provisional community college governing board is solely responsible for determining the encumbrance and approval of the expenditure of the proceeds of the bonds issues and cannot delegate or transfer this authority to any other entity.
· Extends the changes made in HB 2261 which expanded the Maricopa Community College District governing board from five to seven members and was signed by the Governor on April 14th until the 2012 election.
· Makes technical and conforming changes.
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· Forty-ninth Legislature
· Second Regular Session 2 May 3, 2010
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