SB246

ENGROSSED

By Senators Pittman and Marsh

A BILL TO BE ENTITLED AN ACT

Relating to the Alabama Community College System; to amend Sections 3, 4, and 5 of Act 2015-125, 2015 Regular Session, now appearing as Sections 16-60-110.1, 16-60-111.4, and 16-60-111.10, Code of Alabama 1975, so as to provide for the operation of the system as a body corporate; and to provide certain powers to the board of trustees of the system relating to the acquisition of and disposition of property.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 3, 4, and 5 of Act 2015-125, 2015 Regular Session, now appearing as Sections 16-60-110.1, 16-60-111.4, and 16-60-111.10 of the Code of Alabama 1975, are amended to read as follows:

§16-60-110.1.

"(a) There is created the Alabama Community College System as a department of state government body corporate under the name of the Alabama Community College System, which shall replace and succeed to the duties of the Department of Postsecondary Education and shall operate a system of community and technical colleges within the state. All references in state law to the Department of Postsecondary Education, Postsecondary Education Department, and Alabama College System, or terms of like import, shall be deemed to refer to the Alabama Community College System. The body corporate created by this subsection shall have all the rights, privileges, and powers necessary to the end of its creation.

"(b) The Alabama Community College System shall be governed by the Board of Trustees of the Alabama Community College System, as created in this article for the purpose of governing the community and technical colleges of the state.

"(c) Any other law to the contrary notwithstanding, the authority, powers, and duties assigned to the State Board of Education with respect to the supervision, administration, naming, financing, construction, and equipping of institutions of postsecondary education, including community and technical colleges, junior colleges, and trade schools, however described, are removed from the State Board of Education and delegated to the board, and all actions of such institutions of postsecondary education requiring the approval of the State Board of Education, commencing on May 12, 2015, shall require only approval of the board. Without limiting the generality of the foregoing, all references to the State Board of Education in Sections 16-3-37, 16-5-8.3, 16-5-13, 16-60-88, 16-60-330, 16-60-332, 16-60-335, and 16-60-338, shall be deemed to refer to the board.

§16-60-111.4.

"(a) The board shall be authorized to:

"(1) Make rules and regulations for the government of community and technical colleges.

"(2) Prescribe for the community and technical colleges the courses of study to be offered and the conditions for granting certificates, diplomas and/or degrees.

"(3) Appoint or terminate the employment of the presidents of the community and technical colleges.

"(4) Direct the expenditure of legislative appropriations of community and technical colleges. Notwithstanding the foregoing, the board shall continue to direct that all employees of the Alabama Community College System and the community and technical colleges shall continue to be eligible and participate in the Teachers' Retirement System of Alabama pursuant to Chapter 25; the Public Education Employees' Health Insurance Plan pursuant to Chapter 25A; the State Employees' Health Insurance Plan pursuant to Chapter 29 of Title 36; and other Qualified Health Plans established pursuant to Section 1311 of the Patient Protection and Affordable Care Act of 2010.

"(5) Prescribe qualifications for faculty and. establish an annual salary schedule and tenure requirements for faculty at community and technical colleges.

"(6) Accept gifts, donations, and devises and bequests of money and real and personal property for the benefit of community and technical colleges or any one of them.

"(7) Establish a performance-based allocation process that is equitable and compatible with the services and programs offered by each individual campus.

(b) The board shall establish, publish, and maintain an annual salary schedule for each community and technical college employee and tenure requirements for faculty at community and technical colleges.

§16-60-111.10.

"The board may acquire and hold, real and personal property and may lease, and rent, convey, and dispose of real and personal property and may make such repairs and improvements on all property under its control as may be for the best interests of the community and technical colleges and, subject to the approval of the Governor, may acquire, sell, and convey title to real estate. The board may make repairs and improvements on all property under its control as may be for the best interests of the community and technical colleges. All property held before May 12, 2015, by or for the benefit of any of the community and technical colleges of the state, whether held in the name of the board, the Alabama Community College System, the State Board of Education, or a community or technical college shall, without the necessity of any further conveyance, be owned by the Alabama Community College System and shall be controlled by the board. All real property acquired on and after May 12, 2015, for the benefit of community and technical colleges shall be acquired by and in the name of the Alabama Community College System. Personal property acquired after that date may be acquired in the name of the Alabama Community College System or of the community or technical college for whose benefit it is acquired."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Alabama Community College System

Board of Trustees

Teacher Tenure

Colleges and Universities

Education

Acts Amended

Code Amended