15-1409

15-1409. Provisional community college
districts; formation; governing board; powers and duties; issuance
and sale of bonds for capital outlay

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

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

C. A provisional community college district shall be formed and a provisional
community college district governing board shall be elected in the same manner prescribed
in sections 15-1403, 15-1404 and 15-1441, except that the county board of supervisors by
majority vote may adopt a resolution to submit the question of the formation of a
provisional community college district and the approval of a proposed tax rate to fund
the provisional community college 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
provisional community college 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 provisional community college district
governing board has the same powers and duties specified in section 15-1444 for community
college districts.

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

F. A provisional community college 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
G, paragraphs 1 and 2 do not apply to provisional community college districts.

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

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

J. If a provisional community college 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 for the remainder of the fiscal year in which the provisional community
college district is formed, provided that the county board of supervisors adopts 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 formation
of the provisional community college district.

K. The board of supervisors of a county that has formed a provisional community
college district by majority vote may enter into an intergovernmental agreement to loan
monies to the governing board of the provisional community college 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
provisional community college district. The annual interest charges on any loan pursuant
to this subsection shall not exceed five per cent.

L. A provisional community college district may issue bonds for capital outlay
purposes in the same manner prescribed in section 15-1465 for community college
districts. The governing board of the provisional community college district 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.