2006 Legislation
Print Friendly

HOUSE BILL NO. 705 – Schools/cooperative serv agcy/levy

HOUSE BILL NO. 705

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0705aa.............................................by REVENUE AND TAXATION
SCHOOLS - Amends existing law relating to cooperative service agencies to
provide that a cooperative service agency may request its member school
districts to authorize a levy not to exceed one-tenth of one percent for
the purpose of constructing and maintaining cooperative service agency
facilities; to provide for continuation of the levy for additional ten year
periods upon approval of district electors; and to provide for
administration and accounting of moneys received.
                                                                        
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Rev/Tax
03/07    Rpt out - to Gen Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Crow, Deal
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Loc Gov
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - Lodge & McKenzie
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed
03/31    Pres signed - To Governor
03/31    Governor signed
         Session Law Chapter 306
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 705
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COOPERATIVE SERVICE AGENCIES; AMENDING SECTION 33-317, IDAHO CODE,
  3        TO PROVIDE THAT A COOPERATIVE SERVICE AGENCY MAY REQUEST ITS MEMBER SCHOOL
  4        DISTRICTS TO AUTHORIZE A LEVY NOT TO EXCEED ONE-TENTH OF ONE  PERCENT  FOR
  5        THE  PURPOSE  OF  CONSTRUCTING  AND MAINTAINING COOPERATIVE SERVICE AGENCY
  6        FACILITIES, TO PROVIDE FOR CONTINUATION OF THE LEVY  FOR  ADDITIONAL  TEN-
  7        YEAR  PERIODS  UPON APPROVAL OF DISTRICT ELECTORS, TO PROVIDE FOR ADMINIS-
  8        TRATION AND ACCOUNTING OF MONEYS RECEIVED AND TO  MAKE  TECHNICAL  CORREC-
  9        TIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  33-317, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-317.  COOPERATIVE SERVICE AGENCY -- POWERS --  DUTIES  --  LIMITATIONS.
 14    (1)  Two  (2)  or more school districts may join together for educational pur-
 15    poses to form a service agency to purchase materials and/or  provide  services
 16    for  use  individually  or in combination. The cooperative service agency thus
 17    formed shall be empowered to adopt by-laws bylaws, and act as a body corporate
 18    and politic with such powers as are assigned through its  by-laws  bylaws  but
 19    limited  to  the powers and duties of local school districts. In its corporate
 20    capacity, this agency may sue and be sued and may  acquire,  hold  and  convey
 21    real  and  personal  property necessary to its existence. The employees of the
 22    service agency shall be extended  the  same  general  rights,  privileges  and
 23    responsibilities as comparable employees of a school district.
 24        (2)  A  properly  constituted  cooperative service agency may request from
 25    its member school districts funding to be furnished  by  a  tax  levy  not  to
 26    exceed  one-tenth  of  one  percent  (.1%) for a period not to exceed ten (10)
 27    years by such member school districts. Such levy  must  be  authorized  by  an
 28    election held in each of the school districts pursuant to chapter 4, title 33,
 29    Idaho Code, and approved by a majority of the district electors voting in such
 30    election.  Moneys  received  by  the  member school districts from this source
 31    shall be transferred to the cooperative service agency upon receipt of billing
 32    from the agency. Excess revenue over billing must  be  kept  in  a  designated
 33    account  by the district, with accrued interest, and may only be spent as bud-
 34    geted by the agency.
 35        (3)  For the purpose of constructing and maintaining facilities of a coop-
 36    erative service agency, in addition to the levy authorized in  subsection  (2)
 37    of this section, a properly constituted cooperative service agency may request
 38    from  its  member school districts additional funding to be furnished by a tax
 39    levy not to exceed one-tenth of one percent (.1%) for a period not  to  exceed
 40    ten  (10)  years.  Such levy must be authorized by an election held in each of
 41    the school districts pursuant to chapter 4, title 33, Idaho Code, and approved
 42    by a majority of the district electors voting in such  election.  Electors  of
 43    the districts may approve continuation of such levy for an additional ten (10)
                                                                        
                                           2
                                                                        
  1    years at an election held for that purpose. There is no limit on the number of
  2    elections  which may be held for the purpose of continuing the levy authorized
  3    under this subsection (3) for an additional ten (10) years. The administration
  4    and accounting of moneys received by imposition of the levy shall be the  same
  5    as provided in subsection (2) of this section.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Moyle               
                                                                        
                                                     Seconded by McKague             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 705
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 42, delete "a majority" and insert:
  3    "sixty-six and two-thirds percent (66 2/3%)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 705, As Amended
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COOPERATIVE SERVICE AGENCIES; AMENDING SECTION 33-317, IDAHO CODE,
  3        TO PROVIDE THAT A COOPERATIVE SERVICE AGENCY MAY REQUEST ITS MEMBER SCHOOL
  4        DISTRICTS TO AUTHORIZE A LEVY NOT TO EXCEED ONE-TENTH OF ONE  PERCENT  FOR
  5        THE  PURPOSE  OF  CONSTRUCTING  AND MAINTAINING COOPERATIVE SERVICE AGENCY
  6        FACILITIES, TO PROVIDE FOR CONTINUATION OF THE LEVY  FOR  ADDITIONAL  TEN-
  7        YEAR  PERIODS  UPON APPROVAL OF DISTRICT ELECTORS, TO PROVIDE FOR ADMINIS-
  8        TRATION AND ACCOUNTING OF MONEYS RECEIVED AND TO  MAKE  TECHNICAL  CORREC-
  9        TIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  33-317, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        33-317.  COOPERATIVE SERVICE AGENCY -- POWERS --  DUTIES  --  LIMITATIONS.
 14    (1)  Two  (2)  or more school districts may join together for educational pur-
 15    poses to form a service agency to purchase materials and/or  provide  services
 16    for  use  individually  or in combination. The cooperative service agency thus
 17    formed shall be empowered to adopt by-laws bylaws, and act as a body corporate
 18    and politic with such powers as are assigned through its  by-laws  bylaws  but
 19    limited  to  the powers and duties of local school districts. In its corporate
 20    capacity, this agency may sue and be sued and may  acquire,  hold  and  convey
 21    real  and  personal  property necessary to its existence. The employees of the
 22    service agency shall be extended  the  same  general  rights,  privileges  and
 23    responsibilities as comparable employees of a school district.
 24        (2)  A  properly  constituted  cooperative service agency may request from
 25    its member school districts funding to be furnished  by  a  tax  levy  not  to
 26    exceed  one-tenth  of  one  percent  (.1%) for a period not to exceed ten (10)
 27    years by such member school districts. Such levy  must  be  authorized  by  an
 28    election held in each of the school districts pursuant to chapter 4, title 33,
 29    Idaho Code, and approved by a majority of the district electors voting in such
 30    election.  Moneys  received  by  the  member school districts from this source
 31    shall be transferred to the cooperative service agency upon receipt of billing
 32    from the agency. Excess revenue over billing must  be  kept  in  a  designated
 33    account  by the district, with accrued interest, and may only be spent as bud-
 34    geted by the agency.
 35        (3)  For the purpose of constructing and maintaining facilities of a coop-
 36    erative service agency, in addition to the levy authorized in  subsection  (2)
 37    of this section, a properly constituted cooperative service agency may request
 38    from  its  member school districts additional funding to be furnished by a tax
 39    levy not to exceed one-tenth of one percent (.1%) for a period not  to  exceed
 40    ten  (10)  years.  Such levy must be authorized by an election held in each of
 41    the school districts pursuant to chapter 4, title 33, Idaho Code, and approved
 42    by sixty-six and two-thirds percent (66 2/3%) of the district electors  voting
 43    in  such  election. Electors of the districts may approve continuation of such
                                                                        
                                           2
                                                                        
  1    levy for an additional ten (10) years at an election held  for  that  purpose.
  2    There is no limit on the number of elections which may be held for the purpose
  3    of  continuing the levy authorized under this subsection (3) for an additional
  4    ten (10) years. The administration and accounting of moneys received by  impo-
  5    sition  of  the  levy  shall be the same as provided in subsection (2) of this
  6    section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15837

Cooperative Service Agencies provide a valuable service to
smaller school districts by providing services on a consolidated
basis for less money than the individual districts could by
themselves.  COSSA is a CSA that provides services for five (5)
school districts.  Under current statute each of the districts
passes a levy to fund the CSA for operational expenses.  There
are no funding mechanisms for building facilities of for
maintenance of those facilities.  This proposed legislation would
provide a mechanism for CSA's to levy money for buildings and
maintenance.  Each school district in the CSA would have to pass
the levy. 



                           FISCAL NOTE

There is no impact on the General Fund.




Contact
Name: Rep. Darrell Bolz 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 705