PREFILED JAN 07 2019
REFERENCE TITLE: commission for postsecondary education; continuation
State of Arizona
First Regular Session
Senator Allen S
amending sections 15-1852 and 15-1853, Arizona Revised Statutes; Repealing section 41‑3019.01, Arizona Revised Statutes; amending Title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3027.02; relating to the commission for postsecondary education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-1852, Arizona Revised Statutes, is amended to read:
15-1852. Additional powers and duties
A. In addition to the powers and duties prescribed in section 15‑1851, the commission for postsecondary education shall:
1. Meet at least four times each year.
2. Adopt rules to carry out the purposes of this article.
3. Administer and enforce this article and rules adopted pursuant to this article.
4. Keep a record of its proceedings.
5. Contract, on behalf of this state, with the United States secretary of education for the purpose of complying with the provisions of title IV, part H, subpart one of the higher education amendments of 1992.
6. Comply with title 38, chapter 3, article 3.1 and title 39.
B. The commission may:
1. Adopt an official seal.
3. Sue and be sued.
4. Receive, hold, make and take leases of and sell personal property for the benefit of the commission.
5. Subject to title 41, chapter 4, article 4, employ personnel as the commission deems necessary to carry out this article. The commission may designate the duties of these personnel. The commission employees are subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6.
6. Conduct investigations, hold hearings and determine methods of enforcement of this article.
7. Issue subpoenas to compel the attendance of witnesses and the production of documents, administer oaths, take testimony, hear proof and receive exhibits into evidence.
8. 6. Establish policy centers under its control to conduct studies.
9. 7. Coordinate and promote studies of interest to postsecondary institutions in this state.
C. The commission is exempt from title 41, chapter 6 but shall adopt rules in a manner substantially similar to title 41, chapter 6.
Sec. 2. Section 15-1853, Arizona Revised Statutes, is amended to read:
15-1853. Postsecondary education fund; funding; federal monies
A. The postsecondary education fund is established consisting of:
1. Monies appropriated by the legislature.
2. Monies received from state agencies and political subdivisions of this state.
3. Monies received from the United States government, including monies received from the United States department of education pursuant to subsection B of this section.
4. Gifts, grants and donations received from any private source to carry out the duties and responsibilities of the commission.
B. The commission may receive monies distributed by the United States department of education for the reimbursement of to reimburse the costs of performing review requirements. The costs may include expenses for the supplementation of supplementing existing review functions, work performed by subcontractors or consultants in connection with the review functions of the commission and any other administrative expenses necessary for compliance to comply with title IV, part H, subpart one of the higher education amendments of 1992. No Not more than thirteen per cent percent of amounts received by the commission from the United States department of education may be utilized used for administrative purposes by the commission.
C. The commission shall administer the fund in compliance with the requirements of this article. The commission shall separately account for monies received from each source listed in subsection A of this section and may establish accounts and subaccounts of the fund as necessary to carry out the requirements of this subsection.
D. Monies obtained pursuant to subsection A, paragraphs 1 through 3 of this section are subject to legislative appropriation. The commission shall not use these monies for purposes other than those designated by special line items for which the monies are received.
E. Monies obtained pursuant to subsection A, paragraph 4 of this section are continuously appropriated. These monies shall be used in accordance with the requests of the donor. If no request is specified, the monies may be used for additional responsibilities of the commission prescribed in section 15‑1851, subsection B and section 15‑1852, subsection B, paragraphs 8 6 and 9 7.
Sec. 3. Repeal
Section 41-3019.01, Arizona Revised Statutes, is repealed.
Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3027.02, to read:
41-3027.02. Commission for postsecondary education; termination July 1, 2027
A. The commission for postsecondary education terminates on July 1, 2027.
Sec. 5. Purpose
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the commission for postsecondary education to:
1. Conduct, supervise and coordinate the review of public and private postsecondary education institutions in this state to determine their eligibility for student financial aid monies.
2. Administer specifically identified federal and state financial aid programs.
3. Provide a forum for public and private postsecondary education institutions to discuss issues of mutual interest.
4. Coordinate and promote studies of interest to postsecondary institutions.
5. Provide information to the public on postsecondary education opportunities in this state.
Sec. 6. Retroactivity
Sections 3 and 4 of this act apply retroactively to from and after July 1, 2019.