15-1409. Community college tuition financing districts; formation; powers and duties; issuance and sale of bonds for capital outlay

A. A community college tuition financing district shall contract with an existing community college district to provide instructional and student services within the community college tuition financing district.

B. The minimum assessed valuation and population requirements prescribed in section 15-1402 do not apply to community college tuition financing districts.

C. A community college tuition financing district shall be formed in the same manner prescribed in sections 15-1403 and 15-1404, except that the county board of supervisors shall serve as the governing board of the community college tuition financing district and the county board of supervisors by majority vote may adopt a resolution to submit the question of the formation of a community college tuition financing district and the approval of a proposed tax rate to fund the community college tuition financing district directly to the qualified electors of the county at a special or general election called for that purpose as prescribed in section 16-204 and title 35, chapter 3, article 3. The resolution adopted by the county board of supervisors shall include a statement that the primary property tax levy limit for the community college tuition financing district shall be no less than the levy limit of the most recently formed community college district in this state.

D. Except as provided in this section, a county board of supervisors has the same powers and duties specified in section 15-1444 for community college districts.

E. A community college tuition financing district shall not award degrees, certificates or diplomas.

F. A community college tuition financing district is not eligible to receive equalization aid pursuant to section 15-1468 or state contribution for capital outlay for initial or additional campuses pursuant to section 15-1463.

G. The state aid eligibility requirements prescribed in section 15-1466, subsection E, paragraphs 1 and 2 do not apply to community college tuition financing districts.

H. Notwithstanding any other law, the same student shall not be counted twice as a full-time equivalent student in both a community college tuition financing district and a community college district. Notwithstanding any other law, beginning with the fiscal year after the year in which the community college tuition financing district is formed and has established its primary tax rate, a district that provides services in a community college tuition financing district pursuant to section 15-1470 shall no longer count these students in the district's full-time equivalent student count.

I. If a community college tuition financing district is converted into a community college district by the formation of a community college district pursuant to section 15-1402 or 15-1402.01, the community college tuition financing district is dissolved and any equipment, property, personnel, liabilities and assets are transferred to the community college district.

J. If a community college tuition financing district is formed in a county that provides reimbursement for the attendance of nonresident state students pursuant to section 15-1469, that county shall continue to provide reimbursement payments to community college districts as set forth in section 15-1469 until the fiscal year in which a qualifying levy is adopted and budgeted in support of the community college tuition financing district by the county board of supervisors. The total reimbursement payments due to other community college districts in any fiscal year pursuant to section 15-1469 shall be reduced by the amount of any nonqualifying levy expended in the prior fiscal year. This reduction shall be shared by each community college district that receives a reimbursement payment from the county based on that community college district's proportionate number of full-time equivalent students from the county where the community college tuition financing district is located. For the purposes of this subsection:

1. " Nonqualifying levy" means a levy that is adopted to support the community college tuition financing district and that is less than the amount of a qualifying levy.

2. " Qualifying levy" means a levy that is at least equal to the sum of the reimbursement payments and the amount of the community college services provided in the fiscal year immediately before the year that a levy was first adopted to support the operations of the community college tuition financing district.

K. The board of supervisors of a county that has formed a community college tuition financing district by majority vote may enter into an intergovernmental agreement to loan monies to the community college tuition financing district in an amount that does not exceed two hundred thousand dollars. Any loan pursuant to this subsection shall be repaid from the next scheduled collection of property taxes to fund the community college tuition financing district. The annual interest charges on any loan pursuant to this subsection shall not exceed five percent.

L. A community college tuition financing district may issue bonds for capital outlay purposes in the same manner prescribed in section 15-1465 for community college districts. The county board of supervisors is solely responsible for determining the encumbrance and approval of the expenditure of the proceeds of the bonds issued pursuant to this subsection and shall not delegate or transfer this authority to any other entity.

M. Notwithstanding any other law, a provisional community college district that began operations before January 1, 2015:

1. May continue to operate as a provisional community college district. The governing board of a provisional community college district that began operations before January 1, 2015 shall continue to be elected in the same manner prescribed in section 15-1441.

2. Is not eligible to receive monies pursuant to section 15-784 or section 15-1472, subsection D, paragraph 2, subdivision (a).

3. Is not eligible for equalization aid pursuant to section 15-1468.

4. Is not a board as defined in section 15-1481.

5. Unless otherwise specified, is a community college district for purposes of section 42-5029 or 42-5029.02.

6. Is not subject to section 42-17056.