-----------------------------
  House Engrossed Senate Bill
 -----------------------------
  State of Arizona
  Senate
  Forty-fourth Legislature
  Second Regular Session
  2000
 -----------------------------
        CHAPTER 144
 -----------------------------
      SENATE BILL 1362
 -----------------------------
 

AN ACT

AMENDING SECTION 15-1444, 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 15-1444, Arizona Revised Statutes, is amended to read:

15-1444. Powers and duties

A. Except as otherwise provided, the district board shall:

1. Maintain each community college for a period of not less than eight months in each year and, if the funds of the district are sufficient, maintain each community college for a longer period.

2. Enforce the courses of study prescribed by the state board.

3. Visit each community college and examine carefully into its management, conditions and needs.

4. Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character intended for use as textbooks.

5. Appoint and employ a chancellor or chancellors, vice-chancellors, a president or presidents, vice-presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees it deems necessary. Notwithstanding subsection B, paragraph 3 of this section and section 15-1424, subsection B, paragraph 4, the district board may enter into employment contracts with chancellors, vice-chancellors and presidents for a duration of more than one year but not more than five years.

6. Determine the salaries of persons it appoints and employs.

7. Remove any officer or employee if in its judgment the interests of education in this state require the removal.

8. Award degrees, certificates and diplomas upon the completion of courses and curriculum as it deems appropriate.

9. Appoint, if it deems necessary, police officers who shall have the authority and power of peace officers. The police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 2 or the public safety personnel retirement system under title 38, chapter 5, article 4.

10. Receive, hold, make and take leases of and sell personal property for the benefit of the community colleges under its jurisdiction.

11. Obtain insurance against loss, to the extent it is determined necessary on community college buildings of the district, whether financed in whole or in part by state monies. The local district shall have an insurable interest in the buildings.

B. The district board may:

1. Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district, if, with respect to real property, the state board has consented to the disposition of the real property.

2. Lease real property, as lessor or as lessee, if authorized by the state board as provided in section 15-1424. If a district is the lessee, the lease may contain an option to purchase the property. THE DISTRICT BOARD MAY ADOPT POLICIES AS ARE DEEMED NECESSARY AND MAY DELEGATE IN WRITING TO THE CHANCELLOR OR PRESIDENT OF THE DISTRICT, OR THEIR DESIGNEES, ALL OR ANY PART OF ITS AUTHORITY TO LEASE PROPERTY UNDER THIS PARAGRAPH. A DISTRICT GOVERNING BOARD SHALL NOT DELEGATE THE AUTHORITY TO EXECUTE A LEASE THAT EXCEEDS ONE HUNDRED THOUSAND DOLLARS PER YEAR. ANY DELEGATION BY THE DISTRICT BOARD PURSUANT TO THIS PARAGRAPH MAY BE RESCINDED IN WHOLE OR IN PART AT ANY TIME BY THE DISTRICT BOARD.

3. Contract, subject to the rules and limitations prescribed by the state board as provided in section 15-1424. The district board may adopt such regulations, policies, rules or measures as are deemed necessary and may delegate in writing to its committees, to the CHANCELLOR OR president or chancellor of it's THE district, or their designees, or to other entities under its control, ALL OR any part of its authority to contract under this paragraph. Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part.

4. Construct, remodel and repair buildings subject to the rules prescribed by the state board as provided in section 15-1424.

5. Provide a plan or plans for employee benefits which may include optional retirement programs pursuant to section 15-1451, subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.

C. From and after December 31, 1988, in a district whose boundaries encompass a vehicle emissions control area as defined in section 49-541 the district board shall require all out of county and out of state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of section 49- 542. From and after December 31, 1988, the district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles which fail to comply with section 49-542.

APPROVED BY THE GOVERNOR APRIL 04, 2000.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 05, 2000.