Bill Text: AZ SB1527 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Higher education; budget reconciliation; 2018-2019
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2018-05-03 - Chapter 281 [SB1527 Detail]
Download: Arizona-2018-SB1527-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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CHAPTER 281
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SENATE BILL 1527 |
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AN ACT
amending sections 15‑1410, 15‑1650.03 and 15‑1655, Arizona Revised Statutes; amending title 15, chapter 14, article 1, Arizona Revised Statutes, by adding section 15-1809.01; amending sections 41-793 and 42‑17056, Arizona Revised Statutes; appropriating monies; Relating to budget RECONCILIATION for higher education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-1410, Arizona Revised Statutes, is amended to read:
15-1410. Credit and noncredit courses
A. Courses offered for credit shall satisfy at least one of the following purposes and requirements:
1. Credit courses shall satisfy one or more of the following purposes:
(a) Qualify students for a community college certificate or degree.
(b) Be acceptable for transfer to a regionally accredited public or private college or university.
(c) Prepare students with skills to seek entry level entry‑level jobs in the field of specialization.
(d) Improve the student's job skills or prepare the student for promotion in fields of employment.
(e) Provide skills necessary for success in other college courses.
(f) Provide continuing education and lifelong learning.
2. A credit course shall satisfy all of the following requirements:
(a) Have a formal course outline that defines the objectives and content of the course shall be on file and available for audit.
(b) Evaluate and grade students shall be evaluated and given a grade based on their mastery of the objectives and content of the course.
(c) Require faculty teaching the course shall to meet the standards set by the district to teach in the subject area of the course.
(d) Base the credits awarded for completion of the course shall be based on the effort required of, and the competencies gained by, the students in accordance with policies adopted by the district governing board.
(e) Require students, before enrollment in the course, students shall have achieved to achieve prerequisite competencies as defined in the syllabus or approved course guidelines.
(f) The course shall have been Be developed using the district's formal curriculum review procedure.
(g) The course shall Have an evaluation component, . the results of this evaluation shall be which are used for the purposes of formative and summative evaluation by the institution.
(h) A district board may adopt policies that allow students to receive credit through a variety of Meet other means requirements adopted pursuant to district governing board policies, including national standardized examinations and credit by evaluation or examination.
B. Noncredit courses are courses that do not meet the criteria established in subsection A of this section. Noncredit courses shall be are the financial responsibility of the district.
C. A community college under the jurisdiction of a community college district governing board may not offer a course with a prerequisite for enrollment that requires a student to be a member of a labor organization, a trade organization, or a trade guild or to participate in an industry apprenticeship program.
Sec. 2. Section 15-1650.03, Arizona Revised Statutes, is amended to read:
15-1650.03. Arizona board of regents; resident undergraduate students; cost study; annual cost containment report
A. On or before December 15, 2017 and every five years thereafter, the Arizona board of regents shall conduct and complete a comprehensive cost study to determine the actual cost of educating a full‑time resident undergraduate student at each university under the jurisdiction of the board. The board shall submit the cost study 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 to the secretary of state. The cost study shall include a detailed breakdown of the costs associated with educating a full-time resident undergraduate student and shall include at least the following:
1. The use of instructional fees at each university, including differentiating between mandatory fees, program fees and course fees.
2. Differentiated costs between programs of study, including differential tuition and program and course fees.
3. The costs of faculty and administration differentiated between the amount of time needed to instruct students and to conduct research.
4. A breakdown of where tuition dollars are allocated, including the amount that is not directly attributable to instructional costs.
5. An analysis of the marginal cost and the average cost of a student depending on the type of program in which the student is enrolled, including online programs.
B. On or before July September 1, 2018 and each year thereafter, the Arizona board of regents shall submit a comprehensive university cost containment report for each university under the jurisdiction of the board 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 to the secretary of state. The report shall demonstrate the actions taken by each university to contain increases in the increased cost of attendance for full‑time resident undergraduate students and shall include at least the following:
1. Historical data on tuition and mandatory fee levels and percentage increases, including auxiliary fees and average on‑campus housing and meal plan fees, at the largest campus for each university for at least the past twenty years, and what those increases were used for at each university since at least 2009 during the PREVIOUS fiscal year and fiscal years 1999, 2004, 2009 and 2014.
2. The growth and cost of the faculty and administration at each university.
2. The number of FTES and total salaries of university employees differentiated between faculty, classified staff and administrators at each university during the previous fiscal year and fiscal years 1999, 2004, 2009 and 2014.
3. Actions taken by each university to contain costs at the university and the savings associated with those actions.
4. The allocation of faculty resources at each university based on the time needed to instruct students and to conduct other research activities.
5. The return on investment for diverting tuition dollars to noninstructional purposes.
6. The ability to reduce unnecessary coursework for educational programs.
7. The development of new, nontraditional and less expensive education programs.
5. The number of credit hours required for a baccalaureate degree for the previous academic year and the 2003-2004 academic year for the ten degree programs that had the largest increase in credit hours required for a baccalaureate degree between the 2003-2004 academic year and the 2017‑2018 academic year, and between the previous two academic years.
6. Detailed information on nontraditional or lower-cost degree options that each university currently offers, has recently developed or is pursuing.
Sec. 3. Section 15-1655, Arizona Revised Statutes, is amended to read:
15-1655. Arizona teacher academy; tuition waiver; annual report
A. For the 2017‑2018 academic year, Universities under the jurisdiction of the Arizona board of regents shall implement an Arizona teacher academy to incentivize Arizona resident students to enter the teaching profession and to commit to teach in Arizona public schools. The Arizona board of regents, in consultation with universities under the jurisdiction of the board, shall develop:
1. Metrics to assess the efficacy of the academy.
2. A marketing and promotion plan to recruit students for the academy.
B. The Arizona teacher academy may include new or existing teacher preparation program pathways that are student-focused and that employ proven, research-based models of best practices already being implemented. Each university may develop a portfolio of teacher preparation programs to offer as part of the academy. Programs offered as part of the academy shall include accelerated models for:
1. High‑demand teacher specializations, including science, technology, engineering and mathematics.
2. Individuals seeking postbaccalaureate coursework that results in professional certification.
C. Each university shall develop formalized partnerships with public schools in this state to build commitments for teacher employment on completion of the Arizona teacher academy. The targeted deployment of teachers who have completed the academy shall be based on the needs of each school system and the community that is being served as well as the individual skills of each teacher.
D. Each university shall provide to each full‑time student who is enrolled in the Arizona teacher academy an annual waiver for all tuition and fees associated with the student's program of study, subject to the following:
1. If the student does not successfully complete the academic year in good academic standing, the student shall reimburse the university for the total amount of the waiver for tuition and fees the student received for that year.
2. For each academic year that the student successfully completes and for which the student receives a waiver for all tuition and fees, the student must agree to teach for one full school year in a public school in this state.
3. If the student does not fulfill the student's agreement to teach in a public school, the student must reimburse the university for the proportional amount of the waiver for tuition and fees that the student received that corresponds to the number of school years the student agreed to teach but did not teach in a public school in this state.
4. If the student is physically or mentally unable to fulfill the requirements of the academy, the university shall assess the student's ability to repay the financial assistance received and shall make a determination on any terms of repayment.
E. On or before July 1, 2018 and each year thereafter, the Arizona board of regents shall report to the governor, the president of the senate and the speaker of the house of representatives, and submit a copy to the secretary of state, on all of the following:
1. The total number of students enrolled in the Arizona teacher academy of each university.
2. The percentage of students who completed each year of the academy and who plan to continue to the subsequent year, delineated by each teacher preparation program offered by each university as part of the Arizona teacher academy.
3. The number of teachers who completed a program of study through the Arizona teacher academy.
4. The number of teachers currently teaching in a public school in this state as part of an agreement for receiving a full tuition and fee waiver.
5. The number of students who have defaulted on their agreement and who are in repayment agreements.
Sec. 4. Title 15, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 15-1809.01, to read:
15-1809.01. Tuition waiver scholarships; persons in foster care; requirements; definition
A. The Arizona board of regents shall provide a tuition waiver scholarship at any university under the jurisdiction of the Arizona board of regents and each community college district shall provide a tuition waiver scholarship at any community college in that community college district to any person who meets all of the following conditions:
1. Resides in this state.
2. Either:
(a) Is currently in foster care and is at least sixteen years of age.
(b) Was in foster care when the person was at least sixteen years of age.
(c) Was adopted from foster care and the adoption was finalized after the person attained sixteen years of age.
3. Is a United States citizen or is a noncitizen who is lawfully present in this country.
4. Has total personal assets, not including scholarships or grants received by the person, that are worth less than ten thousand dollars.
5. Is under twenty‑three years of age.
6. Is accepted into or enrolled in a degree, certificate or other accredited program at a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district. The person must demonstrate continuous progress toward a degree or certificate to remain eligible for a tuition waiver scholarship issued pursuant to this section.
7. Completed and submitted to the United States department of education a free application for federal student aid before each year in which the person receives a tuition waiver scholarship pursuant to this section.
8. After the first academic year in which the person receives a tuition waiver scholarship pursuant to this section, annually completes at least thirty hours of volunteer service during the previous academic year.
9. Remains in good standing with the policies established by the university or community college at which the person is enrolled.
B. A tuition waiver scholarship provided pursuant to this section shall be reduced by the amount of any other federal aid scholarships or public grants and any other public aid received by that person from or through the university or community college at which the person is enrolled, except that a tuition waiver scholarship may not be reduced by the amount of federal grants received by the person from the department of child safety under the Arizona education and training voucher program.
C. If the tuition waiver scholarship is terminated before a tuition waiver scholarship recipient obtains an associate degree, a baccalaureate degree or a certificate and before the recipient reaches twenty‑three years of age, that person shall continue to be awarded a tuition waiver scholarship until the person reaches twenty‑three years of age or obtains a baccalaureate degree, an associate degree or a certificate, whichever occurs first, if the person continues to meet the scholarship criteria prescribed by this section.
D. For the purposes of this section, "tuition" means tuition and mandatory fees charged by the university or community college.
Sec. 5. Section 41-793, Arizona Revised Statutes, is amended to read:
41-793. Building systems; capital improvement plans
A. The department of administration, the Arizona board of regents and the department of transportation shall each be considered as a separate building system. Subject to approval by the joint committee on capital review, the director of the department of administration shall establish additional building systems for the purpose of computing and funding building renewal. Subject to approval by the joint committee on capital review, each building system shall designate an agency that is responsible for computing building renewal needs for each fiscal year pursuant to the formula approved by the committee and for allocating appropriated building renewal monies within the building system.
B. The agency responsible for each building system established pursuant to subsection A of this section shall prepare each year a capital improvement plan that contains proposals for state spending on land acquisition, capital projects, energy systems, energy management systems and building renewal for the building system. Copies of the plan shall be submitted to the governor no later than October 15. Each plan shall include:
1. A detailed list of all land acquisition and capital projects that are recommended to be undertaken or continued for the building system during the next fiscal year, an explanation as to the need for each acquisition or project, the effect of the recommended acquisition or capital project on the future operating expenses of this state, recommendations as to the priority of recommended acquisitions or capital projects and the means of financing those acquisitions or projects.
2. Forecasts as to the requirements for land acquisition and capital projects for the building system during the two fiscal years following the fiscal year provided for in paragraph 1 of this subsection and for any additional periods as may be necessary or desirable for an adequate presentation of the capital projects and a schedule for the planning and implementation or construction of those capital projects.
3. A report on the status of all ongoing or recently completed land acquisitions and capital projects for the building system, with a summary of monies expended for each acquisition or project.
4. A report on the condition, maintenance and utilization of all buildings within the building system that were inspected during the prior fiscal year.
5. A report on the building renewal activities undertaken during the past fiscal year, including the specific purposes for which monies were expended, proposed activities for the current fiscal year and a prioritized schedule of renewal projects proposed for the following fiscal year.
6. The amount of appropriation required in the following fiscal year for building renewal as determined by the building renewal formula set forth in section 41‑793.01.
C. On or before June 1 of each year or thirty days after the state legislature adjourns its regular session sine die, whichever is later, each state agency under the department of administration building system and not later than August 1 of each year each agency under the Arizona board of regents building system shall provide to the agency responsible for its building system:
1. A detailed list of land acquisition and capital projects the agency seeks to undertake or continue in the next fiscal year, an explanation as to the need for each acquisition or project, the effect of the acquisitions or capital projects on future operating expenses of this state, including energy systems and energy management systems, and other relevant supporting data requested by the agency responsible for the building system.
2. Forecasts as to the requirements for land acquisition or capital projects of the agency for the two fiscal years following the fiscal year provided for in paragraph 1 of this subsection and for any additional periods as may be necessary or desirable for the adequate presentation of the capital projects and a schedule for the planning and implementation or construction of those capital projects.
3. A report on all ongoing or recently completed land acquisitions and capital projects of the agency, with a summary of monies expended for each acquisition or project, and energy consumption and expenditure information.
4. Any other information requested by the agency responsible for the building system.
5. A SEPARATE LIST that contains THE STATUS OF ALL OF ITS PROJECTS REVIEWED BY, APPROVED BY OR REPORTED TO THE JOINT COMMITTEE ON CAPITAL REVIEW THAT HAVE NOT YET BEEN COMPLETED. THE PROJECTS LISTED SHALL INCLUDE THIRD-PARTY AND COMMERCIAL PROJECTS REPORTED OR REVIEWED PURSUANT TO section 15-1682.02.
D. Each state agency in complying with subsection C, paragraph 1 of this section and the agency responsible for each building system in complying with subsection B, paragraph 1 of this section should give priority to fire and life safety projects.
E. The agency responsible for a building system shall inspect the condition, maintenance and utilization of each building within the building system not less than once every four fiscal years and shall report its findings pursuant to subsection B of this section. For purposes of complying with this requirement, the agency responsible for each building system shall inspect approximately fifty per cent percent of its buildings within the first two years of the four year four-year cycle. The agency shall inspect the other fifty per cent percent of the buildings in the remaining two years of the four year four-year cycle.
F. The governor shall prescribe standard forms in accordance with the provisions of this section to be used by state agencies in preparing and submitting capital improvement plans. The forms prescribed shall be so constructed so as to allow each building system to adequately provide information pertinent to its manner of operation.
G. Each plan, forecast and report required for two or more fiscal years in this section shall be delineated separately for each year.
Sec. 6. Section 42-17056, Arizona Revised Statutes, is amended to read:
42-17056. Initial base levy limit if no primary property taxes were levied in the preceding tax year; subsequent levy amount
A. If a county, city, town or community college district did not levy primary property taxes in the preceding tax year, the governing body shall submit a proposed amount to be raised by primary property taxes for approval of the voters.
B. The election shall be held on the third Tuesday in May before the beginning of the fiscal year in as nearly as practicable the same manner as prescribed by title 35, chapter 3, article 3. The ballot shall state that if the amount is approved by the voters, it will be the base for determining levy limitations for the county, city, town or district for subsequent fiscal years.
C. If a majority of the qualified electors voting approve the proposed levy amount for primary property taxes, the levy applicable for the county, city, town or district for the next fiscal year shall be an amount not exceeding the approved amount.
D. On acceptance by the voters, the governing body shall send a copy of the approved resolution to the property tax oversight commission.
E. If the proposed levy amount is not approved, the county, city, town or community college district shall not levy a primary property tax for that year.
F. At least twenty but not more than thirty-five years after the date of an initial approval pursuant to this section, a community college district with a primary property tax levy that was initially established pursuant to this section may resubmit a proposed amount to be raised by primary property taxes for approval by the voters. the proposed amount must be less than or equal to two times the otherwise authorized levy amount for the same year. The election shall be conducted as prescribed in subsection b of this section. If a majority of the qualified electors voting:
1. Approve the proposed levy amount, the levy applicable for the district for:
(a) the first tax year following approval pursuant to this PARAGRAPH must be less than or equal to the previously approved amount plus one-third of the difference between the previously approved amount and the amount approved pursuant to this PARAGRAPH.
(b) the second tax year following approval pursuant to this PARAGRAPH must be less than or equal to the previously approved amount plus two-thirds of the difference between the previously approved amount and the amount approved pursuant to this PARAGRAPH.
(c) the third tax year following approval pursuant to this PARAGRAPH and each subsequent tax year must be less than or equal to the amount approved pursuant to this PARAGRAPH.
2. Disapprove the proposed levy amount, the district shall levy a primary property tax based on the previously authorized levy and may not resubmit another proposed amount until at least two years after the proposed levy amount was disapproved.
F. G. This section does not apply to community college tuition financing districts formed pursuant to section 15‑1409, except that the property tax oversight commission shall set a property tax levy limit that is not less than the amount required pursuant to section 15‑1409, subsection C.
Sec. 7. Financial aid trust fund; required state match; reduction
Notwithstanding section 15-1642, subsection C, Arizona Revised Statutes, for fiscal year 2018-2019, each dollar raised pursuant to the surcharge on student registration fees assessed pursuant to section 15‑1642, subsection A, Arizona Revised Statutes, may be matched by less than two dollars appropriated by the legislature.
Sec. 8. Community college districts; state aid for science, technology, engineering and mathematics and workforce programs
Notwithstanding section 15‑1464, Arizona Revised Statutes, state aid for science, technology, engineering and mathematics and workforce programs for community college districts for fiscal year 2018‑2019 is as specified in the general appropriations act.
Sec. 9. Community college districts; operating state aid; eligibility; limits
Notwithstanding section 15‑1466, Arizona Revised Statutes, operating state aid for community college districts for fiscal year 2018‑2019 is as specified in the general appropriations act.
Sec. 10. Retroactivity
Section 15-1809.01, Arizona Revised Statutes, as added by this act, applies retroactively to from and after June 30, 2018.
APPROVED BY THE GOVERNOR MAY 3, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 3, 2018.
