Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1713 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1713 By: Jech of the Senate
7	37
8	38		and
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10	40		Baker and Strom of the
11	41		House
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15	45		An Act relating to interlocal cooperative agreements;
16	46		amending 70 O.S. 2021, Section 5 -117b, which relates
17	47		to interlocal cooperative agreements between boards
18	48		of education of two or more school districts;
19	49		requiring certain boards of directors to maintain
20	50		certain positions on board; updating statutory
21	51		language; providing an effective date ; and declaring
22	52		an emergency.
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27		-	SUBJECT: Interlocal cooperative agreements
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -117b, is
32	59		amended to read as follows:
33		-
34	60		Section 5-117b. A. The board s of education of any two or more
35	61		school districts may enter into an interlocal cooperative agreement
36	62		for the purpose of jointly and comparatively performing any of the
37	63		services, duties, functions, activities, obligations, or
38	64		responsibilities which are aut horized or required by law to be
39	65		performed by school distr icts of this state. Two or more school
40	66		districts may enter into an interlocal cooperative agreement for the
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	68	+	SB1713 HFLR Page 2
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41	94		purpose of forming buying pools and purchasing cooperatives. As
42	95		used in this section, “interlocal cooperative agreement ” means an
43	96		agreement which is entered into by the boards of education of t wo or
44	97		more school districts pursuant to the provisions of this section.
45	98		This section shall not prohibit school districts from entering into
46	99		cooperative agreements authorized under Section 5 -117 of this title
47		-
48		-	ENR. S. B. NO. 1713 Page 2
49	100		or interfere with existing cooperative agreemen ts between school
50	101		districts. If the boards of education of any two or more school
51	102		districts enter into an interlocal cooperative agreement the
52	103		following conditions may apply:
53		-
54	104		1. An interlocal cooperative agreement shall establish a board
55	105		of directors which shall be responsible for administering the joint
56	106		or cooperative undertaking. The agreement shall specify the
57	107		organization, terms, and composition o f, and manner of appointment
58	108		to, the board of directors an d shall make provision for
59	109		restructuring or ter minating the board upon partial or complete
60	110		termination of the agreement. The board of directors shall be
61	111		selected by the board of education of each c ontracting school
62	112		district and may include but not be limited to a board member,
63	113		administrator, or teacher from each contracting school district.
64	114		Vacancies in the membership of the board of directors shall be
65	115		filled within thirty (30) days from the date o f the vacancy in the
66	116		manner specified in the agreement . Provided, however, an interlocal
67	117		cooperative agreement entered into pursuant to this act for the
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68	145		purpose of providing insurance for Oklahoma educational institution s
69	146		shall maintain at least one of each of the following positions on
70	147		the board of directors:
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72	148		a. an individual who is a member of the American Academy
73	149		of Actuaries, and
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75	150		b. an individual with more than ten (10) years of
76	151		professional experience in property and casualty
77	152		insurance;
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79	153		2. An interlocal cooperative agreement which is optional to
80	154		school districts and shall be effective only after it is a pproved by
81	155		the State Board of Education and the board of directors may be
82	156		designated as a local education agency for some or all state and
83	157		federal application, reporting, and auditing procedures. An
84	158		interlocal cooperative board of directors that has been designated
85	159		as a local education agency shall comply with state and federal law
86	160		and the regulations of the State Board of Education;
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88	161		3. An interlocal cooperative agreement shall be subject to
89	162		change or termination by a recommendation of the State Board of
90	163		Education;
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92		-	ENR. S. B. NO. 1713 Page 3
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94	164		4. The duration of an interlocal cooperative agreement for
95	165		joint or cooperative action in performing any of the services,
96	166		duties, functions, activities, obligations, or responsibilities,
97	167		other than the provision of special education services, w hich are
98	168		authorized or required by law of school districts in this state,
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99	196		shall be for a term of not less than one (1) year. Notice of intent
100	197		of a school district to withdraw from the cooperative agreement mu st
101	198		be given no later than March 15 for the ensu ing school year;
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103	199		5. An interlocal cooperative agreement shall specify the method
104	200		or methods to be employed for disposing of property upon partial or
105	201		complete termination of the agreement;
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107	202		6. Within the limitations provided by law, an interlocal
108	203		cooperative agreement may be changed or modified by majority consent
109	204		of the interlocal cooperative board of directors;
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111	205		7. Except as otherwise specifically prov ided in this section,
112	206		any powers, privileges, or authority exercised or capable of being
113	207		exercised by any school district of this state, or by any board of
114	208		education thereof, may be jointly exercised pursuant to the
115	209		provisions of an interlocal cooperative agreement. Federal grant
116	210		money, applied for on behalf of a school district, may be disbursed
117	211		directly to a an interlocal cooperative with the consent of the
118	212		school districts comprising the interlocal cooperative. No powers,
119	213		privileges, or authority with respect to the levy and collection of
120	214		taxes or the applica tion for or receipt of State Aid formula money,
121	215		or the issuance of bonds shall be created or effectuated for joint
122	216		exercise pursuant to the provisions of an interlocal cooperative
123	217		agreement; and
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125	218		8. Payments from the general fund of each school district which
126	219		enters into any interlocal cooperative agre ement for the purpose of
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127	247		financing the joint or cooperative undertaking provided for by the
128	248		agreement shall be operating expenses.
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130	249		B. Nothing containe d in this section shall be construed to
131	250		abrogate, interfere with, impair, qualify, or affect in any manne r
132	251		the exercise and enjoyment of all the powers, privileges , and
133	252		authority conferred upon school districts and boards of education by
134	253		law, except that boards of education and school districts are
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136		-	ENR. S. B. NO. 1713 Page 4
137	254		required to comply with the provisions of this section when e ntering
138	255		into an interlocal cooperative agreement that meets the definition
139	256		of an interlocal cooperative agreement.
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141	257		SECTION 2. This act shall become effective July 1, 2024.
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143	258		SECTION 3. It being immediately necessary for the preservation
144	259		of the public peace, health or safety, an emergency is hereby
145	260		declared to exist, by reason whereof this act shall take effect and
146	261		be in full force from and after its passage and approval.
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149		-	ENR. S. B. NO. 1713 Page 5
150		-	Passed the Senate the 7th day of March, 2024.
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152		-
153		-
154		-	Presiding Officer of the Senate
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157		-	Passed the House of Representatives the 18th day of April, 2024.
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161		-	Presiding Officer of the House
162		-	of Representatives
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164		-	OFFICE OF THE GOVERNOR
165		-	Received by the Office of the Governor this _______ _____________
166		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
167		-	By: _________________________________
168		-	Approved by the Governor of the State of Oklahoma this _______ __
169		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
170		-
171		-	_________________________________
172		-	Governor of the State of Oklahoma
173		-
174		-
175		-	OFFICE OF THE SECRETARY OF STATE
176		-	Received by the Office of the Secretary of State this _______ ___
177		-	day of _________________ _, 20 _______, at _______ o'cloc k _______ M.
178		-	By: _________________________________
	263	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/02/2024
	264	+	- DO PASS.