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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0791.01D JGG SENATE BILL 98­183

STATE OF COLORADO

BY SENATOR Wattenberg;

also REPRESENTATIVE George.

REREVISED

EDUCATION

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE ACCEPTANCE OF COLORADO NORTHWESTERN COMMUNITY COLLEGE INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES, AND, IN CONNECTION THEREWITH, APPROVING THE CONTINUATION OF THE RANGELY JUNIOR COLLEGE DISTRICT AND THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT FOR SPECIFIED PURPOSES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Provides for the approval of a plan submitted by Colorado Northwestern Community College ("CNCC") to join the state system of community and technical colleges upon enactment of an appropriation to fund CNCC as a part of the state system. Sets forth the question to be placed on the November 1998 ballot for the voters of the Rangely Junior College District ("RJCD") to approve CNCC joining the state system and the continuation of the RJCD's authority to collect property taxes. Specifies the question to be placed on the November 1998 ballot for the voters of the Moffat County Affiliated Junior College District ("MCAJCD") to approve continuation of the MCAJCD's authority to collect property taxes for a period not to exceed 10 years if the RJCD voters approve CNCC joining the state system. Specifies that CNCC shall enter the state system if the plan is approved by a majority of the voters in the RJCD and if moneys are appropriated therefor.

Specifies that, upon entry into the state system of community and technical colleges, CNCC shall be under the management and control of the state board of community colleges and occupational education, the assets and liabilities of CNCC shall be transferred to the state board, and the educational facilities of CNCC shall be immediately eligible for state controlled maintenance funds.

Provides that, if CNCC is approved for acceptance into the state system of community and technical colleges, the RJCD shall remain in existence and continue to collect property tax and specific ownership tax in the district in the initial amount of 5 mills plus the mill levy required for debt service on outstanding general obligation bonds previously approved by voters. Specifies how the tax moneys collected may be used. Provides that the RJCD shall also maintain the liability for outstanding general obligation bonds, but provides for all other liabilities and all assets to transfer to the state board of community colleges and occupational education. Specifies the reduced powers of the RJCD board of trustees, including those powers necessary to levy taxes and distribute the revenues therefrom in accordance with specified purposes.

Directs that any remaining assets of the RJCD shall be transferred to the state board of community colleges and occupational education upon future dissolution of the district.

Upon approval of acceptance of CNCC into the state system by the RJCD and if the MCAJCD ballot measure passes, provides that the MCAJCD shall remain in existence and continue to collect property tax for a period of 10 years in the initial amount of 3 mills. Specifies how the tax moneys collected may be used. Specifies the reduced powers of the MCAJCD board of control, including those powers necessary to levy taxes and distribute the revenues therefrom in accordance with the specified purposes.

Provides for the transfer of assets and liabilities to the state board of community colleges and occupational education except for tax revenues and except for those assets specified in the plan. Makes a provision for the dissolution of the MCAJCD on January 1, 2009, and for the repeal of its enabling statutory provisions thereafter. If CNCC is accepted into the state system but the MCAJCD voters do not approve the ballot measure, identifies 3 options from which the MCAJCD board of control shall select, within one year after the election, concerning its governance.

Specifies that upon approval of acceptance of CNCC into the state system and upon approval of the ballot measure by the MCAJCD voters, the initial advisory council for CNCC shall consist of 3 members of the RJCD board of trustees, 3 members of the MCAJCD board of control, and one member at large to be appointed by the state board of community colleges and occupational education from the CNCC designated service area.

Makes conforming amendments.

Makes a future appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Part 2 of article 71 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

23­71­207. Colorado Northwestern community college ­ approval of plan ­ date of entry into system ­ continuation of mill levy. (1) (a)  THE GENERAL ASSEMBLY HEREBY APPROVES THE PLAN SUBMITTED BY COLORADO NORTHWESTERN COMMUNITY COLLEGE PURSUANT TO SECTION 23­71­203, REFERRED TO IN THIS SECTION AS THE "PLAN". CONTINGENT UPON APPROVAL OF THE PLAN AT THE NOVEMBER 1998 GENERAL ELECTION AND ENACTMENT OF AN APPROPRIATION OF GENERAL FUND MONEYS TO THE BOARD FOR ALLOCATION TO COLORADO NORTHWESTERN COMMUNITY COLLEGE, WHETHER IN AN ANNUAL GENERAL APPROPRIATIONS BILL OR BY SUPPLEMENTAL APPROPRIATION, THE GENERAL ASSEMBLY APPROVES THE ENTRY OF COLORADO NORTHWESTERN COMMUNITY COLLEGE INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES.

(b) (I)  NOTWITHSTANDING THE PROVISIONS OF SECTIONS 23­71­202 (4) AND 23­71­204 (4), THE BALLOT QUESTION SUBMITTED TO THE VOTERS OF THE RANGELY JUNIOR COLLEGE DISTRICT FOR THE APPROVAL OF THE PLAN AT THE 1998 GENERAL ELECTION SHALL BE:

"SHALL COLORADO NORTHWESTERN COMMUNITY COLLEGE JOIN THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES UPON ENACTMENT OF AN APPROPRIATION TO FUND COLORADO NORTHWESTERN COMMUNITY COLLEGE AS A PART OF THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES, AND SHALL THE RANGELY JUNIOR COLLEGE DISTRICT CONTINUE TO COLLECT PROPERTY TAXES AFTER THE APPROPRIATION IS ENACTED IN THE AMOUNT OF FIVE MILLS, UNTIL SUCH TIME AS THE RANGELY JUNIOR COLLEGE DISTRICT BOARD AND THE VOTERS OF THE RANGELY JUNIOR COLLEGE DISTRICT APPROVE AN INCREASE IN THE MILL LEVY, FOR TUITION, SUPPLEMENTAL PROGRAM FUNDING, AND CAPITAL CONSTRUCTION PURPOSES PLUS THE MILL LEVY REQUIRED FOR THE CONTINUATION OF THE DEBT SERVICE ON OUTSTANDING GENERAL OBLIGATION BONDS PREVIOUSLY APPROVED BY VOTERS, AND SHALL ALL ASSETS BE TRANSFERRED TO THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION, AND PROVISION BE MADE FOR MEETING ALL LIABILITIES AS PROVIDED IN THE PLAN?

YES_____ NO_____".

(II)  AT THE 1998 GENERAL ELECTION, THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL DECIDE THE FOLLOWING QUESTION:

"IF THE MAJORITY OF THE VOTERS OF THE RANGELY JUNIOR COLLEGE DISTRICT APPROVE COLORADO NORTHWESTERN COMMUNITY COLLEGE JOINING THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES AND AN APPROPRIATION IS ENACTED FOR SUCH PURPOSE, SHALL THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT, AS PART OF THE AREA SERVED BY COLORADO NORTHWESTERN COMMUNITY COLLEGE PURSUANT TO THE PLAN, CONTINUE TO COLLECT PROPERTY TAXES THROUGH THE 2008 PROPERTY TAX YEAR IN THE AMOUNT OF THREE MILLS, UNTIL SUCH TIME AS THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT BOARD AND THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT APPROVE AN INCREASE IN THE MILL LEVY, FOR TUITION, SUPPLEMENTAL PROGRAM FUNDING, AND CAPITAL CONSTRUCTION PURPOSES?

YES_____ NO_____".

(2) (a)  NOTWITHSTANDING THE PROVISIONS OF SECTION 23­71­203 (1), IF THE PLAN IS APPROVED BY A MAJORITY OF THE VOTERS IN THE RANGELY JUNIOR COLLEGE DISTRICT AND IF MONEYS ARE APPROPRIATED AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, COLORADO NORTHWESTERN COMMUNITY COLLEGE SHALL ENTER THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES ON THE EFFECTIVE DATE OF THE APPROPRIATION. THE RANGELY JUNIOR COLLEGE DISTRICT SHALL CONTINUE AS PROVIDED IN SUBSECTION (3) OF THIS SECTION. IF A MAJORITY OF THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT APPROVE THE MEASURE SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL CONTINUE AS PROVIDED IN SUBSECTION (4) OF THIS SECTION.

(b)  UPON ENTRY INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES:

(I)  COLORADO NORTHWESTERN COMMUNITY COLLEGE SHALL BE UNDER THE MANAGEMENT AND CONTROL OF THE BOARD;

(II)  THE ASSETS AND LIABILITIES OF COLORADO NORTHWESTERN COMMUNITY COLLEGE SHALL BE TRANSFERRED TO THE BOARD IN ACCORDANCE WITH THE PLAN; AND

(III)  THE EDUCATIONAL FACILITIES OF COLORADO NORTHWESTERN COMMUNITY COLLEGE SHALL BE IMMEDIATELY ELIGIBLE FOR STATE CONTROLLED MAINTENANCE FUNDS.

(3) (a)  IF THE PLAN IS APPROVED AS SPECIFIED IN PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION AND IF MONEYS ARE APPROPRIATED AS PROVIDED IN SUBSECTION (1) OF THIS SECTION:

(I)  THE RANGELY JUNIOR COLLEGE DISTRICT SHALL REMAIN IN EXISTENCE;

(II)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART 2 TO THE CONTRARY, THE RANGELY JUNIOR COLLEGE DISTRICT SHALL CONTINUE TO COLLECT PROPERTY TAX AND SPECIFIC OWNERSHIP TAX IN THE DISTRICT. THE RANGELY JUNIOR COLLEGE DISTRICT IN DECEMBER, 1999, SHALL INITIALLY LEVY FIVE MILLS FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (a) IN ADDITION TO THE MILL LEVY REQUIRED FOR DEBT SERVICE ON OUTSTANDING GENERAL OBLIGATION BONDS PREVIOUSLY APPROVED BY VOTERS;

(III)  THE RANGELY JUNIOR COLLEGE DISTRICT SHALL USE THE REVENUES COLLECTED PURSUANT TO THIS SUBSECTION (3), OTHER THAN THOSE COLLECTED FOR OUTSTANDING GENERAL OBLIGATION BONDS PREVIOUSLY APPROVED, TO:

(A)  ASSIST RESIDENTS OF THE RANGELY JUNIOR COLLEGE DISTRICT WHO ARE ENROLLED AT COLORADO NORTHWESTERN COMMUNITY COLLEGE IN DEFRAYING INCREASES IN TUITION THAT MAY RESULT FROM ENTRY INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES;

(B)  PROVIDE SUPPLEMENTAL FUNDING TO THE STATE FOR THE OPERATING COSTS OF CURRENT OR FUTURE PROGRAMS OFFERED BY COLORADO NORTHWESTERN COMMUNITY COLLEGE;

(C)  ERECT NEW OR RENOVATE EXISTING FACILITIES; AND

(D)  PROVIDE CAPITAL FUNDING FOR TECHNOLOGY ENHANCEMENT AND SUPPLEMENTAL EQUIPMENT FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE;

(IV)  ALL ASSETS AND LIABILITIES OF THE RANGELY JUNIOR COLLEGE DISTRICT SHALL BE TRANSFERRED TO THE BOARD; EXCEPT THAT THE OUTSTANDING GENERAL OBLIGATION BONDS AND ASSOCIATED DEBT SERVICE ASSETS AND LIABILITIES OF THE RANGELY JUNIOR COLLEGE DISTRICT IN EXISTENCE AS OF JUNE 30, 1999, SHALL REMAIN WITH SUCH DISTRICT AND THE RANGELY JUNIOR COLLEGE DISTRICT SHALL ADMINISTER THE MILL LEVY FOR THE RETIREMENT OF SAID BONDS PURSUANT TO SECTION 23­71­204 (5);

(V)  NOTWITHSTANDING THE PROVISIONS OF SECTION 23­71­122, THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES SHALL HAVE ONLY THE POWERS NECESSARY TO LEVY TAXES AND DISTRIBUTE THE REVENUES GENERATED THEREFROM IN ACCORDANCE WITH THE PURPOSES LISTED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (a) AND THE POWERS ENUMERATED IN SECTION 23­71­122 (1) (b), (1) (h), (1) (k), (1) (m), (1) (n), AND (1) (q);

(VI)  THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES SHALL HAVE NO EMPLOYEES; AND

(VII)  NOTWITHSTANDING THE PROVISIONS OF SECTION 23­71­123, THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES SHALL HAVE ONLY THE DUTY TO PREPARE AND ADOPT A BUDGET PURSUANT TO PART 1 OF ARTICLE 44 OF TITLE 22, C.R.S., AND ANY ADDITIONAL DUTIES ENUMERATED IN THE PLAN.

(b)  UPON THE FUTURE DISSOLUTION OF THE RANGELY JUNIOR COLLEGE DISTRICT, ANY ASSETS REMAINING AS OF THE DATE OF DISSOLUTION SHALL BE TRANSFERRED TO THE BOARD.

(4) (a) (I)  IF THE PLAN IS APPROVED AND MONEYS ARE APPROPRIATED THEREFOR AS PROVIDED IN SUBSECTION (1) OF THIS SECTION AND IF THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT APPROVE THE BALLOT MEASURE SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL REMAIN IN EXISTENCE UNTIL JANUARY 1, 2009, ON WHICH DATE THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL DISSOLVE PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (a). PRIOR TO SAID DATE, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT, SHALL CONTINUE TO COLLECT PROPERTY TAX FOR A PERIOD NOT TO EXCEED TEN YEARS IN THE INITIAL AMOUNT OF THREE MILLS. THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL USE THE TAX MONEYS COLLECTED PURSUANT TO THIS SUBPARAGRAPH (I) TO:

(A)  ASSIST RESIDENTS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT WHO ARE ENROLLED AT COLORADO NORTHWESTERN COMMUNITY COLLEGE IN DEFRAYING INCREASES IN TUITION THAT MAY RESULT FROM ENTRY INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES;

(B)  PROVIDE SUPPLEMENTAL FUNDING TO THE STATE FOR THE OPERATING COSTS OF CURRENT OR FUTURE PROGRAMS OFFERED BY COLORADO NORTHWESTERN COMMUNITY COLLEGE;

(C)  ERECT NEW OR RENOVATE EXISTING FACILITIES;

(D)  PROVIDE CAPITAL FUNDING FOR TECHNOLOGY ENHANCEMENT AND SUPPLEMENTAL EQUIPMENT FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE; AND

(E)  PROVIDE FOR THE OPERATING COSTS OF THE FACILITIES OWNED BY THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT.

(II)  NOTWITHSTANDING THE PROVISIONS OF SECTION 23­72­121, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT BOARD OF CONTROL SHALL HAVE ONLY THE POWERS NECESSARY TO LEVY TAXES AND DISTRIBUTE THE REVENUES GENERATED THEREFROM IN ACCORDANCE WITH THE PURPOSES LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) AND THE POWERS ENUMERATED IN SECTION 23­72­121 (2) (b), (2) (e), (2) (g), AND (2) (k).

(III)  THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT BOARD OF CONTROL SHALL HAVE NO EMPLOYEES.

(IV)  ALL ASSETS AND LIABILITIES OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL BE TRANSFERRED TO THE BOARD EXCEPT THE REVENUES GENERATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) AND EXCEPT FOR THOSE ASSETS SPECIFIED IN THE PLAN.

(V)  THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL DISSOLVE, AS PROVIDED IN SECTION 23­72­120, ON JANUARY 1, 2009. UPON DISSOLUTION OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT, ALL ASSETS HELD BY THE DISTRICT AS OF THE DATE OF THE DISSOLUTION SHALL BE TRANSFERRED TO THE BOARD.

(b)  IF THE PLAN FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE TO JOIN THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES IS APPROVED AND MONEYS ARE APPROPRIATED THEREFOR AS PROVIDED IN SUBSECTION (1) OF THIS SECTION BUT THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT DO NOT APPROVE THE BALLOT MEASURE SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL SELECT AND ADOPT, WITHIN ONE YEAR AFTER SUCH ELECTION, ONE OF THE FOLLOWING OPTIONS CONCERNING ITS GOVERNANCE AND SHALL SUBMIT THE SELECTED OPTION FOR APPROVAL BY THE BOARD, THE COLORADO COMMISSION ON HIGHER EDUCATION, AND THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT:

(I)  THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL DISSOLVE PURSUANT TO THE PROVISIONS OF SECTION 23­72­120;

(II)  THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL AFFILIATE WITH ANOTHER LOCAL DISTRICT COLLEGE OR STATE COLLEGE WITH THE CONSENT OF THE PARENT INSTITUTION; OR

(III)  NOTWITHSTANDING THE PROVISIONS OF SECTION 23­71­103, THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT SHALL FORM A LOCAL COLLEGE DISTRICT, WITH THE CONSENT OF THE BOARD AND THE COLORADO COMMISSION ON HIGHER EDUCATION.

SECTION 2. 23­60­206, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

23­60­206. College advisory council. (1.5)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IF THE PLAN FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE TO JOIN THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES IS APPROVED AND MONEYS ARE APPROPRIATED THEREFOR AS PROVIDED IN SECTION 23­71­207 AND IF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT VOTERS APPROVE THE BALLOT MEASURE SET FORTH IN SECTION 23­71­207 (1) (b) (II), THE INITIAL ADVISORY COUNCIL FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE SHALL CONSIST OF THREE MEMBERS OF THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES, THREE MEMBERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT BOARD OF CONTROL, AND ONE MEMBER AT LARGE TO BE APPOINTED BY THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION FROM THE COLORADO NORTHWESTERN COMMUNITY COLLEGE DESIGNATED SERVICE AREA. IF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT VOTERS DO NOT APPROVE THE BALLOT MEASURE SET FORTH IN SECTION 23­71­207 (1) (b) (II), THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION SHALL APPLY.

SECTION 3. Article 72 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

23­72­128. Repeal of article ­ notice to revisor of statutes. (1)  IF THE PLAN FOR COLORADO NORTHWESTERN COMMUNITY COLLEGE IS ACCEPTED INTO THE STATE SYSTEM OF COMMUNITY AND TECHNICAL COLLEGES PURSUANT TO SECTION 23­71­207, AND THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT APPROVE THE BALLOT MEASURE SET FORTH IN SECTION 23­71­207 (1) (b) (II), THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 2009.

(2)  THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION SHALL PROVIDE WRITTEN NOTICE TO THE REVISOR OF STATUTES REGARDING WHETHER THE CONDITIONS PRECEDENT SPECIFIED IN SUBSECTION (1) OF THIS SECTION HAVE OCCURRED, RESULTING IN THE REPEAL OF THIS ARTICLE.

SECTION 4. 23­71­122, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

23­71­122. Junior college board of trustees ­ specific powers. (1.5)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IF COLORADO NORTHWESTERN COMMUNITY COLLEGE IS ACCEPTED INTO THE STATE SYSTEM PURSUANT TO SECTION 23­71­207, THE POWERS OF THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES SHALL BE LIMITED TO THOSE SPECIFIED IN SECTION 23­71­207 (3) (a) (V).

SECTION 5. 23­71­123, Colorado Revised Statutes, is amended to read:

23­71­123. Duties of board of trustees. (1)  It is the duty of the board of trustees to determine financial and educational policies and provide for the proper execution of such by selecting competent administrators, instructors, and other personnel for the administration, operation, and maintenance of the institution, to prepare and adopt a budget pursuant to part 1 of article 44 of title 22, C.R.S., to fix tuition and fee rates, to accept gifts, to purchase, hold, sell, or rent property and equipment, to promote the general welfare of the institution for the best interests of education and the junior college district, and, pursuant to contract and any other applicable provisions of law, to discharge or otherwise terminate the employment of any personnel.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IF COLORADO NORTHWESTERN COMMUNITY COLLEGE IS ACCEPTED INTO THE STATE SYSTEM PURSUANT TO SECTION 23­71­207, THE DUTIES OF THE RANGELY JUNIOR COLLEGE DISTRICT BOARD OF TRUSTEES SHALL BE LIMITED TO THOSE SPECIFIED IN SECTION 23­71­207 (3) (a) (VII).

SECTION 6. 23­72­121, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

23­72­121. Powers of board. (3)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (1) AND (2) OF THIS SECTION, IF COLORADO NORTHWESTERN COMMUNITY COLLEGE IS ACCEPTED INTO THE STATE SYSTEM PURSUANT TO SECTION 23­71­207 AND THE VOTERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT APPROVE THE BALLOT MEASURE SET FORTH IN SECTION 23­71­207 (1) (b) (II), THE POWERS OF THE MOFFAT COUNTY AFFILIATED JUNIOR COLLEGE DISTRICT BOARD OF CONTROL SHALL BE LIMITED TO THOSE SPECIFIED IN SECTION 23­71­207 (4) (a) (I) and (II).

SECTION 7. Future appropriations. Although no appropriation is included in this act for the fiscal year beginning July 1, 1998, it appears that this act will require appropriations for subsequent fiscal years, and the amount required to be appropriated for the fiscal year beginning July 1, 1999, is estimated to be six million seven hundred seventy-seven thousand four hundred sixty dollars ($6,777,460). Of this amount, it is estimated that four million nine hundred eighty five thousand four hundred sixty dollars ($4,985,460) shall be from the general fund and one million seven hundred ninety-two thousand dollars ($1,792,000) shall be from cash funds.

SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.