HB 1301-2_ Filed 04/27/2007, 14:45 ChairPerson


COMMITTEE REPORT

    Mr. Speaker: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedures, to which was referred Engrossed House Bill 1301 because it conflicts with SEA 526-2007 without properly recognizing the existence of SEA 526-2007, has had Engrossed House Bill 1301 under consideration and begs leave to report back to the House with the recommendation that Engrossed House Bill 1301 be corrected as follows:

    Page 6, after line 35, begin a new paragraph and insert:
     "SECTION 12. IC 21-22-1-5, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. "Regional institute" "Region" means a regional institute an administrative region established under IC 21-22-6-1.
    
SECTION 13. IC 21-22-2-2, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Subject to this section, The two (2) year state educational institution established by section 1 of this chapter shall be called "Ivy Tech Community College of Indiana".
    (b) The board of trustees may change the name of the state educational institution with the approval of the governor.
     SECTION 14. IC 21-22-3-2, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The state board of trustees shall be known by the name of "The Trustees of Ivy Tech Community College of Indiana". except when the name is altered, as provided in IC 21-22-2-2. In the corporate name and capacity, the state board of trustees may sue, be sued, plead, and be impleaded, in any court of record, and by that name has perpetual succession.
    
SECTION 15. IC 21-22-4-4, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. The duties of the treasurer of Ivy Tech Community College include the following:
        (1) Keeping true accounts of all money received into the treasury of Ivy Tech Community College and of the expenditure of that

money.
        (2) Paying out the same on order of the state board of trustees.
        (3) Collecting the tuition and fees due to Ivy Tech Community College as well as gifts, grants, bequests, and devises.
        (4) Submitting a full Preparing an annual financial statement of the finances of for Ivy Tech Community College and the treasurer's receipts and payments, at each annual regular meeting of the state board of trustees reporting on the financial condition of the college.
        (5) Investing and reinvesting such funds as shall come into the treasurer's possession to for the benefit of Ivy Tech Community College.
     SECTION 16. IC 21-22-5-2, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The state board of trustees shall meet regularly at least four (4) times a year and at other times upon call by its chairman.
    
SECTION 17. IC 21-22-6-1, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. The state board of trustees may do the following:
        (1) Divide Indiana into appropriate regions, taking into consideration, but not limited to, factors such as population, potential enrollment, tax bases, and driving distances, and develop an overall state plan that provides for the orderly development of regional technical institutes the regions encompassing, ultimately, all parts of Indiana into a coordinated system providing a comprehensive program of post-high school general, liberal arts, occupational, and technical education.
        (2) Whenever a regional institute region is established, issue a certificate of incorporation and a charter, in a form that the state board of trustees provides, to the regional institute region, assist and supervise the development of a regional plan, and coordinate regional programs to avoid unnecessary and wasteful duplication.
        (3) Make biennial studies of the budget requirements of the regional institutes regions and of its own programs and prepare a budget, including anticipated revenues and providing for the construction or rental of facilities requisite to carrying out the needs of Ivy Tech Community College.
        (4) Perform or contract for the performance of an audit periodic

audits of the financial records of each regional institute on at least a biennial basis. region.
    SECTION 18. IC 21-22-6-2, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Whenever the state board of trustees establishes a regional institute within a an administrative region, it shall appoint a regional board of trustees.
    SECTION 19. IC 21-22-6-3, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. The regional board of a regional institute region consists of at least seven (7) members, including at least five (5) members who are representative of the manufacturing, commercial, agricultural, labor, and educational groups of the region, all appointed by the state board of trustees. All members of the regional board must be residents of the region. Appointments are for three (3) year terms, on a staggered basis, and all trustees must be citizens of Indiana. Members may serve for an unlimited number of terms.
    SECTION 20. IC 21-22-6-4, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A vacancy on the regional board shall be filled by appointment by the state board of trustees. The regional board shall nominate three (3) and submit to the state board the names of one (1) or more candidates to fill the vacancy within forty (40) days after the vacancy occurs. The state board of trustees may appoint one (1) of the persons nominated by the regional board or may reject all of the regional board's nominees. If the state board of trustees rejects all of the nominees from a regional board, the state board of trustees shall notify the regional board, and the regional board shall make three (3) one (1) or more additional nominations within forty (40) days after receipt of the notice. The state board of trustees shall then fill the vacancy from either the original group of nominations or from the additional nominations.
    SECTION 21. IC 21-22-6-7, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. A majority of the regional board constitutes a quorum. The affirmative votes of a majority of the regional board are required for the board to take action on any matter.
    SECTION 22. IC 21-22-6-8, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2007]: Sec. 8. A regional board shall do the following:
        (1) Make a careful analysis of the educational needs and opportunities of the region.
        (2) Develop and recommend to the state board of trustees, a plan for providing postsecondary:
            (A) general education;
            (B) liberal arts education; and
            (C) occupational and technical education;
         programs and appropriate workforce development, assessment, and training services for the residents of that region.
        (3) Develop and recommend a budget for regional programs and operations.
        (4) Identify and recommend alternative methods of acquiring or securing facilities and equipment necessary for the delivery of effective regional programs.
        (5) Facilitate and develop regional cooperation with employers, community leaders, economic development efforts, area vocational centers, and other public and private education and training entities in order to provide postsecondary general, liberal arts, and occupational and technical education and training in an efficient and cost effective manner and to avoid duplication of services.
        (6) Determine through evaluation, studies, or assessments the degree to which the established training needs of the region are being met.
        (7) Make recommendations to the state board of trustees concerning policies that appear to substantially affect the regional board's capacity to deliver effective and efficient programming.
    SECTION 23. IC 21-22-6-9, AS ADDED BY SEA 526-2007, SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. A regional board may do the following:
        (1) Adopt, amend, or repeal bylaws for the regional institute region, subject to the approval of the state board of trustees.
        (2) Make recommendations to the state board of trustees concerning amendments to the charter of the regional institute region.
    SECTION 24. IC 21-22-6-10, AS ADDED BY SEA 526-2007,

SECTION 263, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. Before taking any action under IC 21-27-6-3, IC 21-27-6-4, IC 21-31-2-5, IC 21-38-3-7(2), or IC 21-41-5-8 that would substantially affect a regional institute region, the state board of trustees shall request recommendations concerning the proposed action from the regional board for that region.
     SECTION 25. IC 21-27-6-2, AS ADDED BY SEA 526-2007, SECTION 268, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. The board of trustees of Ivy Tech Community College has responsibility for the management and policies of Ivy Tech Community College and its regional institutes administrative regions within the framework of laws enacted by the general assembly.
    SECTION 26. IC 21-27-6-6, AS ADDED BY SEA 526-2007, SECTION 268, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. The board of trustees of Ivy Tech Community College may authorize, approve, enter into, ratify, or confirm any agreement relating to a statewide program or a regional institute region with:
        (1) the United States government, acting through any agency of the government designated or created to aid in the financing of the projects; or
        (2) any person, organization, or agency offering contracts or grants-in-aid financing the educational facilities or the operation of the facilities and programs.
    
SECTION 27. IC 21-38-3-7, AS ADDED BY SEA 526-2007, SECTION 279, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. The board of trustees of Ivy Tech Community College may do the following:
        (1) Develop a statewide salary structure and classification system, including provisions for employee group insurance, employee benefits, and personnel policies.
        (2) Employ the chief administrator of a regional institute each region.
        (3) Authorize the chief administrator of a regional institute region to employ the necessary personnel for the regional institute region, determine qualifications for positions, and fix compensation for positions in accordance with statewide policies established under subdivision (1).
    
SECTION 28. IC 21-41-5-8, AS ADDED BY SEA 526-2007,

SECTION 282, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. Subject to IC 21-22-6-10, the board of trustees of Ivy Tech Community College may develop and adopt the appropriate education programs to be offered and workforce services to be provided.
    SECTION 29. IC 21-41-5-10, AS ADDED BY SEA 526-2007, SECTION 282, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10 . The board of trustees of Ivy Tech Community College may do the following:
        (1) Initiate, promote, inaugurate, and develop occupational and technical education programs and appropriate workforce development, assessment, and training services in a manner consistent with sections 2 through 4 of this chapter.
        (2) Operate either through committee or through subordinate corporate entities, statewide general, liberal arts, occupational, and technical education programs, that in the board's opinion should be established due to:
            (A) the specialized nature of the programs;
            (B) the limited number of students involved; or
            (C) other unique features requiring special attention.
        (3) Contract with appropriate education institutions, including local public schools or other agencies, to carry out specific programs that can best and most economically be provided through this approach. ".
    (Reference is to EHB 1301 as printed March 23, 2007.)

______________________________________

Representative Pelath, Chairperson

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Representative Whetstone, R.M.M.

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Representative Porter, Author


JR 130101/DI 115
2007