Senate Bill 25-233

BY SENATOR(S) Amabile and Bridges, Kirkmeyer, Simpson;

also REPRESENTATIVE(S) Sirota and Taggart, Bird.

Concerning the repeal of the Colorado school of mines performance contract.

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

SECTION 1.  In Colorado Revised Statutes, 23-1-104, repeal (2) as follows:

23-1-104.  Financing the system of postsecondary education - report. (2)  Notwithstanding any provision of this section to the contrary, beginning in the 2011-12 fiscal year and for each fiscal year thereafter through the 2020-21 fiscal year, the general assembly shall appropriate moneys to the governing board of the Colorado school of mines in accordance with section 23-41-104.7, through fee-for-service contracts, as authorized in sections 23-1-109.7 and 23-18-303, and as stipends, as defined in section 23-18-102, as a single line item to said governing board.

SECTION 2.  In Colorado Revised Statutes, 23-1-108, amend (1.5)(f)(I)(A) as follows:

23-1-108.  Duties and powers of the commission with regard to systemwide planning - reporting - definitions. (1.5) (f) (I) (A)  The commission, in collaboration with the public institutions of higher education, shall ensure that the master plan is implemented through the public institutions of higher education, including through funding allocated pursuant to part 3 of article 18 of this title 23. and section 23-41-104.6. The department shall submit a budget request pursuant to section 23-18-306 that supports master plan goals.

SECTION 3.  In Colorado Revised Statutes, 23-1-113.2, repeal (3) as follows:

23-1-113.2.  Department directive - admission standards for students holding international baccalaureate diplomas - legislative declaration. (3)  The provisions of this section shall not apply to the Colorado school of mines while the institution is operating under a performance contract negotiated pursuant to section 23-41-104.6.

SECTION 4.  In Colorado Revised Statutes, amend 23-41-107 as follows:

23-41-107.  Tuition.The Colorado school of mines is open for instruction to all bona fide residents of this state, without regard to sex or color, upon the payment of such reasonable tuition fees as may be prescribed by the board of trustees pursuant to section 23-41-104.6. With the consent of such board, students from other states, territories, or countries may receive education thereat upon such terms and at such rates of tuition as such board may determine.The board of trustees shall set tuition in accordance with the level of cash fund appropriations set by the general assembly. The board of trustees may discriminate in regard to tuition between students from this state and students from other states.

SECTION 5.  In Colorado Revised Statutes, 24-1-114, amend (5)(b) as follows:

24-1-114.  Department of higher education - creation. (5) (b)  With respect to the Colorado commission on higher education and the universities, colleges, and boards specified in subsection (4) of this section, the executive director has only those powers, duties, and functions prescribed in article 1 of title 23; except that the executive director of the Colorado commission on higher education is authorized to negotiate, implement, and monitor contracts, as described in sections 23-18-201 (2), 23-18-303.5, and 23-18-304, and 23-41-104.6, with universities, colleges, and boards, in consultation with the Colorado commission on higher education.

SECTION 6.  In Colorado Revised Statutes, repeal 23-41-104.6 and 23-41-104.7.

SECTION 7.  Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.