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Senate File 2403

Partial Bill History

Bill Text

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  1  1    Section 1.  Section 11.6, subsection 1, paragraph a,
  1  2 unnumbered paragraph 1, Code 1995, is amended to read as
  1  3 follows:
  1  4    The financial condition and transactions of all cities and
  1  5 city offices, counties, county hospitals organized under
  1  6 chapters 347 and 347A, memorial hospitals organized under
  1  7 chapter 37, entities organized under chapter 28E having gross
  1  8 receipts in excess of one hundred thousand dollars in a fiscal
  1  9 year, merged areas, area education agencies, and all school
  1 10 offices in school districts, shall be examined at least once
  1 11 each year, except that cities having a population of seven
  1 12 hundred or more but less than two thousand shall be examined
  1 13 at least once every four years, and cities having a population
  1 14 of less than seven hundred may be examined as otherwise
  1 15 provided in this section.  The examination shall cover the
  1 16 fiscal year next preceding the year in which the audit is
  1 17 conducted.  The examination of school offices shall include an
  1 18 audit of all school funds, the certified annual financial
  1 19 report, and the certified enrollment as provided in section
  1 20 257.6.  Examinations of community colleges shall include an
  1 21 audit of eligible and noneligible contact hours as defined in
  1 22 section 260D.2.  Eligible and noneligible contact hours and
  1 23 any differences Differences in certified enrollment shall be
  1 24 reported to the department of management.
  1 25    Sec. 2.  Section 257.31, subsection 16, Code 1995, is
  1 26 amended to read as follows:
  1 27    16.  The committee shall perform the duties assigned to it
  1 28 under chapter 260D and section sections 257.32 and 260C.18B.
  1 29    Sec. 3.  Section 260C.2, Code 1995, is amended by adding
  1 30 the following new subsections:
  1 31    NEW SUBSECTION.  1A.  "Contact hour" means fifty minutes of
  1 32 contact between an instructor and students in a scheduled
  1 33 course offering for which students are registered.
  1 34    NEW SUBSECTION.  2A.  "Instructional cost center" means one
  1 35 of the following areas of course offerings of the community
  2  1 colleges:
  2  2    a.  Arts and sciences cost center.
  2  3    b.  Vocational-technical preparatory cost center.
  2  4    c.  Vocational-technical supplementary cost center.
  2  5    d.  Adult basic education and high school completion cost
  2  6 center.
  2  7    e.  Continuing and general education cost center.
  2  8    Sec. 4.  Section 260C.14, Code 1995, is amended by adding
  2  9 the following new subsection:
  2 10    NEW SUBSECTION.  21.  Provide, within a reasonable time,
  2 11 information as requested by the departments of management and
  2 12 education.
  2 13    Sec. 5.  Section 260C.18, subsection 4, Code 1995, is
  2 14 amended to read as follows:
  2 15    4.  State aid and supplemental state aid to be paid in
  2 16 accordance with the statutes which provide such aid.
  2 17    Sec. 6.  NEW SECTION.  260C.18A  STATE AID.
  2 18    For the fiscal year beginning July 1, 1996, and for each
  2 19 succeeding fiscal year, moneys appropriated by the general
  2 20 assembly from the general fund of the state to the department
  2 21 of education for community college purposes for general state
  2 22 financial aid, including general financial aid to merged areas
  2 23 in lieu of personal property tax replacement payments under
  2 24 section 427A.13, to merged areas as defined in section 260C.2,
  2 25 and for vocational education programs in accordance with
  2 26 chapters 258 and 260C, for a fiscal year, shall be allocated
  2 27 to each community college by the department of education in
  2 28 the proportion that the allocation to that community college
  2 29 in 1995 Iowa Acts, chapter 218, section 1, subsection 19,
  2 30 bears to the total appropriation made in 1995 Iowa Acts,
  2 31 chapter 218, section 1, subsection 19.
  2 32    Sec. 7.  NEW SECTION.  260C.18B  COMMUNITY COLLEGE BUDGET
  2 33 REVIEW.
  2 34    1.  A community college budget review procedure is
  2 35 established for the school budget review committee created in
  3  1 section 257.30.  The school budget review committee, in
  3  2 addition to its duties under chapter 257, shall meet and hold
  3  3 hearings each year under this chapter to review unusual
  3  4 circumstances of community colleges, either upon the
  3  5 committee's motion or upon the request of a community college.
  3  6 The committee may grant supplemental state aid to the
  3  7 community college from funds appropriated to the department of
  3  8 education for community college budget review purposes.
  3  9    Unusual circumstances shall include but not be limited to
  3 10 the following:
  3 11    a.  An unusual increase or decrease in enrollment or
  3 12 contact hours.
  3 13    b.  Natural disasters.
  3 14    c.  Unusual staffing problems.
  3 15    d.  Unusual necessity for additional funds to permit
  3 16 continuance of a course or program in an instructional cost
  3 17 center which provides substantial benefit to students.
  3 18    e.  Unusual need for a new course or program in an
  3 19 instructional cost center which will provide substantial
  3 20 benefit to students, if the community college establishes the
  3 21 need and the amount of necessary increased cost.
  3 22    f.  Unique problems of community colleges to include
  3 23 vandalism, civil disobedience, and other costs incurred by
  3 24 community colleges.
  3 25    2.  When the school budget review committee makes a
  3 26 decision under subsection 1, it shall provide written notice
  3 27 of its decision, including the amount of supplemental state
  3 28 aid approved, to the board of directors of the community
  3 29 college and to the department of education.
  3 30    3.  All decisions by the school budget review committee
  3 31 under this chapter shall be made in accordance with reasonable
  3 32 and uniform policies which shall be consistent with this
  3 33 chapter.
  3 34    4.  Failure by a community college to provide information
  3 35 or appear before the school budget review committee as
  4  1 requested for the accomplishment of review or hearing
  4  2 constitutes justification for the committee to instruct the
  4  3 department of revenue and finance to withhold supplemental
  4  4 state aid to that community college until the committee's
  4  5 inquiries are satisfied completely.
  4  6    Sec. 8.  Section 260C.34, Code 1995, is amended to read as
  4  7 follows:
  4  8    260C.34  USES OF FUNDS.
  4  9    Funds obtained pursuant to section 260C.17; section
  4 10 260C.18, subsections 3, 4, and 5 of section 260C.18; section
  4 11 and sections 260C.18A, 260C.18B, 260C.19;, and section 260C.22
  4 12 shall not be used for the construction or maintenance of
  4 13 athletic buildings or grounds but may be used for a project
  4 14 under section 260C.56.
  4 15    Sec. 9.  Section 260C.39, unnumbered paragraph 5, Code
  4 16 1995, is amended to read as follows:
  4 17    The terms of employment of personnel, for the academic year
  4 18 following the effective date of the agreement to combine the
  4 19 merged areas shall not be affected by the combination of the
  4 20 merged areas, except in accordance with the procedures under
  4 21 sections 279.15 to 279.18 and section 279.24, to the extent
  4 22 those procedures are applicable, or under the terms of the
  4 23 base bargaining agreement.  The authority and responsibility
  4 24 to offer new contracts or to continue, modify, or terminate
  4 25 existing contracts pursuant to any applicable procedures under
  4 26 chapter 279, shall be transferred to the acting, and then to
  4 27 the new, board of the combined merged area upon certification
  4 28 of a favorable vote to each of the merged areas affected by
  4 29 the agreement.  The collective bargaining agreement of the
  4 30 merged area with the largest number of contact hours eligible
  4 31 for receiving the greatest amount of general state aid, as
  4 32 defined under section 260D.2, shall serve as the base
  4 33 agreement for the combined merged area and the employees of
  4 34 the merged areas which combined to form the new combined
  4 35 merged area shall automatically be accreted to the bargaining
  5  1 unit from that former merged area for purposes of negotiating
  5  2 the contracts for the following years without further action
  5  3 by the public employment relations board.  If only one
  5  4 collective bargaining agreement is in effect among the merged
  5  5 areas which are combining under this section, then that
  5  6 agreement shall serve as the base agreement, and the employees
  5  7 of the merged areas which are combining to form the new
  5  8 combined merged area shall automatically be accreted to the
  5  9 bargaining unit of that former merged area for purposes of
  5 10 negotiating the contracts for the following years without
  5 11 further action by the public employment relations board.  The
  5 12 board of the combined merged area, using the base agreement as
  5 13 its existing contract, shall bargain with the combined
  5 14 employees of the merged areas that have agreed to combine for
  5 15 the academic year beginning with the effective date of the
  5 16 agreement to combine merged areas.  The bargaining shall be
  5 17 completed by March 15 prior to the academic year in which the
  5 18 agreement to combine merged areas becomes effective or within
  5 19 one hundred eighty days after the organization of the acting
  5 20 board of the new combined merged area, whichever is later.  If
  5 21 a bargaining agreement was already concluded in the former
  5 22 merged area which has the collective bargaining agreement that
  5 23 is serving as the base agreement for the new combined merged
  5 24 area, between the former merged area board and the employees
  5 25 of the former merged area, that agreement is void, unless the
  5 26 agreement contained multiyear provisions affecting academic
  5 27 years subsequent to the effective date of the agreement to
  5 28 form a combined merged area.  If the base collective
  5 29 bargaining agreement contains multiyear provisions, the
  5 30 duration and effect of the agreement shall be controlled by
  5 31 the terms of the agreement.  The provisions of the base
  5 32 agreement shall apply to the offering of new contracts, or the
  5 33 continuation, modification, or termination of existing
  5 34 contracts between the acting or new board of the combined
  5 35 merged area and the combined employees of the new combined
  6  1 merged area.
  6  2    Sec. 10.  NEW SECTION.  260C.49  RULES.
  6  3    The department of education shall adopt rules and
  6  4 definitions of terms necessary for the administration of this
  6  5 chapter.  The school budget review committee shall adopt rules
  6  6 under chapter 17A to carry out section 260C.18B.
  6  7    Sec. 11.  Section 261C.6, subsection 2, unnumbered
  6  8 paragraph 2, Code 1995, is amended to read as follows:
  6  9    A pupil is not eligible to enroll on a full-time basis in
  6 10 an eligible postsecondary institution and receive payment for
  6 11 all courses in which a student is enrolled.  If an eligible
  6 12 postsecondary institution is a community college established
  6 13 under chapter 260C, the contact hours of a pupil for which a
  6 14 tuition reimbursement amount is received are not contact hours
  6 15 eligible for general aid under chapter 260D.
  6 16    Sec. 12.  Chapter 260D, Code 1995 and Code Supplement 1995,
  6 17 is repealed.
  6 18    Sec. 13.  FUNDING FORMULA RECOMMENDATIONS.  By January 1,
  6 19 1997, the department of education, in consultation with the
  6 20 Iowa association of community college trustees, shall submit
  6 21 to the general assembly recommendations for a funding formula
  6 22 that identifies and addresses community college needs.
  6 23    Sec. 14.  REPEAL – DIRECTION TO CODE EDITOR.  Section
  6 24 260C.18A, as enacted in this Act, is repealed effective July
  6 25 1, 1997.  The Code editor shall strike the reference to
  6 26 section 260C.18A in section 260C.34 effective July 1, 1997.
  6 27    Sec. 15.  EFFECTIVE DATE.  This Act, being deemed of
  6 28 immediate importance, takes effect upon enactment.  
  6 29 SF 2403
  6 30 kh/cc/26
     

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