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H0418aa.............................................by REVENUE AND TAXATION
SCHOOLS - Amends existing law relating to cooperative service agencies to
provide for construction of a facility upon the approval of at least one
member district at an election held for that purpose; and to allow any
member district that initially failed to approve the levy to authorize the
levy at a subsequent election.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Rev/Tax
02/15 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 65-1-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Harwood
Absent and excused -- Anderson, Kren, Ruchti, Trail
Floor Sponsor - Nonini
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon, Siddoway
Floor Sponsor - McGee
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 104
Effective: 03/14/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 418 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COOPERATIVE SERVICE AGENCIES; AMENDING SECTION 33-317, IDAHO CODE, 3 TO PROVIDE THAT APPROVAL OF A FACILITY LEVY REQUIRES A SIXTY-SIX AND TWO- 4 THIRDS PERCENT AFFIRMATIVE VOTE OF ALL VOTES CAST IN THE DISTRICTS COM- 5 BINED AS THOUGH THE ELECTORS VOTING IN SUCH ELECTION WERE A SINGLE DIS- 6 TRICT. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-317, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-317. COOPERATIVE SERVICE AGENCY -- POWERS -- DUTIES -- LIMITATIONS. 11 (1) Two (2) or more school districts may join together for educational pur- 12 poses to form a service agency to purchase materials and/or provide services 13 for use individually or in combination. The cooperative service agency thus 14 formed shall be empowered to adopt bylaws, and act as a body corporate and 15 politic with such powers as are assigned through its bylaws but limited to the 16 powers and duties of local school districts. In its corporate capacity, this 17 agency may sue and be sued and may acquire, hold and convey real and personal 18 property necessary to its existence. The employees of the service agency shall 19 be extended the same general rights, privileges and responsibilities as compa- 20 rable employees of a school district. 21 (2) A properly constituted cooperative service agency may request from 22 its member school districts funding to be furnished by a tax levy not to 23 exceed one-tenth of one percent (.1%) for a period not to exceed ten (10) 24 years by such member school districts. Such levy must be authorized by an 25 election held in each of the school districts pursuant to chapter 4, title 33, 26 Idaho Code, and approved by a majority of the district electors voting in such 27 election. Moneys received by the member school districts from this source 28 shall be transferred to the cooperative service agency upon receipt of billing 29 from the agency. Excess revenue over billing must be kept in a designated 30 account by the district, with accrued interest, and may only be spent as bud- 31 geted by the agency. 32 (3) For the purpose of constructing and maintaining facilities of a coop- 33 erative service agency, in addition to the levy authorized in subsection (2) 34 of this section, a properly constituted cooperative service agency may request 35 from its member school districts additional funding to be furnished by a tax 36 levy not to exceed one-tenth of one percent (.1%) for a period not to exceed 37 ten (10) years. Such levy must be authorized by an election held in each of 38 the school districts pursuant to chapter 4, title 33, Idaho Code, and approved 39 by sixty-six and two-thirds percent (66 2/3%) of all votes cast in the dis- 40 tricts combined as though the electors voting in such election were a single 41 district. Electors of the districts may approve continuation of such levy for 42 an additional ten (10) years at an election held for that purpose. There is no 43 limit on the number of elections which may be held for the purpose of continu- 2 1 ing the levy authorized under this subsection (3) for an additional ten (10) 2 years. The administration and accounting of moneys received by imposition of 3 the levy shall be the same as provided in subsection (2) of this section.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Smith (24) Seconded by Lake IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 418 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 39, 40 and 41 and insert: "by 3 sixty-six and two-thirds percent (66 2/3%) of the district electors voting in 4 such election. If one (1) or more of the member districts fails to approve the 5 tax levy in such election, the cooperative service agency may construct the 6 facility through the support of the member districts approving the levy, but 7 in no event shall the levy limits authorized in this subsection (3) be 8 exceeded. Nothing shall prevent a member district that initially failed to 9 approve the levy from conducting a subsequent election, held pursuant to chap- 10 ter 4, title 33, Idaho Code, to authorize that district's participation in 11 construction of the facility. Electors of the districts may approve continua- 12 tion of such levy for". 13 AMENDMENT TO BILL 14 On page 2 of the bill, following line 3, insert: 15 "SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval.". 18 CORRECTION TO TITLE 19 On page 1, delete lines 3 through 6 and insert: "TO PROVIDE FOR CONSTRUC- 20 TION OF A FACILITY UPON THE APPROVAL OF AT LEAST ONE MEMBER DISTRICT AT AN 21 ELECTION HELD FOR THAT PURPOSE AND TO ALLOW ANY MEMBER DISTRICT THAT INITIALLY 22 FAILED TO APPROVE THE LEVY TO AUTHORIZE THE LEVY AT A SUBSEQUENT ELECTION; AND 23 DECLARING AN EMERGENCY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 418, 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 FOR CONSTRUCTION OF A FACILITY UPON THE APPROVAL OF AT LEAST 4 ONE MEMBER DISTRICT AT AN ELECTION HELD FOR THAT PURPOSE AND TO ALLOW ANY 5 MEMBER DISTRICT THAT INITIALLY FAILED TO APPROVE THE LEVY TO AUTHORIZE THE 6 LEVY AT A SUBSEQUENT ELECTION; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-317, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-317. COOPERATIVE SERVICE AGENCY -- POWERS -- DUTIES -- LIMITATIONS. 11 (1) Two (2) or more school districts may join together for educational pur- 12 poses to form a service agency to purchase materials and/or provide services 13 for use individually or in combination. The cooperative service agency thus 14 formed shall be empowered to adopt bylaws, and act as a body corporate and 15 politic with such powers as are assigned through its bylaws but limited to the 16 powers and duties of local school districts. In its corporate capacity, this 17 agency may sue and be sued and may acquire, hold and convey real and personal 18 property necessary to its existence. The employees of the service agency shall 19 be extended the same general rights, privileges and responsibilities as compa- 20 rable employees of a school district. 21 (2) A properly constituted cooperative service agency may request from 22 its member school districts funding to be furnished by a tax levy not to 23 exceed one-tenth of one percent (.1%) for a period not to exceed ten (10) 24 years by such member school districts. Such levy must be authorized by an 25 election held in each of the school districts pursuant to chapter 4, title 33, 26 Idaho Code, and approved by a majority of the district electors voting in such 27 election. Moneys received by the member school districts from this source 28 shall be transferred to the cooperative service agency upon receipt of billing 29 from the agency. Excess revenue over billing must be kept in a designated 30 account by the district, with accrued interest, and may only be spent as bud- 31 geted by the agency. 32 (3) For the purpose of constructing and maintaining facilities of a coop- 33 erative service agency, in addition to the levy authorized in subsection (2) 34 of this section, a properly constituted cooperative service agency may request 35 from its member school districts additional funding to be furnished by a tax 36 levy not to exceed one-tenth of one percent (.1%) for a period not to exceed 37 ten (10) years. Such levy must be authorized by an election held in each of 38 the school districts pursuant to chapter 4, title 33, Idaho Code, and approved 39 by sixty-six and two-thirds percent (66 2/3%) of the district electors voting 40 in such election. If one (1) or more of the member districts fails to approve 41 the tax levy in such election, the cooperative service agency may construct 42 the facility through the support of the member districts approving the levy, 43 but in no event shall the levy limits authorized in this subsection (3) be 2 1 exceeded. Nothing shall prevent a member district that initially failed to 2 approve the levy from conducting a subsequent election, held pursuant to chap- 3 ter 4, title 33, Idaho Code, to authorize that district's participation in 4 construction of the facility. Electors of the districts may approve continua- 5 tion of such levy for an additional ten (10) years at an election held for 6 that purpose. There is no limit on the number of elections which may be held 7 for the purpose of continuing the levy authorized under this subsection (3) 8 for an additional ten (10) years. The administration and accounting of moneys 9 received by imposition of the levy shall be the same as provided in subsection 10 (2) of this section. 11 SECTION 2. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval.
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STATEMENT OF PURPOSE
RS 17584
The purpose of this legislation is to allow a cooperative service
agency that has already been created and includes multiple school
districts to have access to the same voting procedures as taxing
districts for the purposes of authorizing the facilities levy
currently authorized in Section 33-317, Idaho Code.
Under current law, a situation could arise in which some of the
school districts within the agency's boundaries could approve the levy
while others would not. This would result in either the facility not
being built due to insufficient funds, or a scaled-down version being
paid for by some of the districts while the non-paying districts
benefit.
A taxing district, such as a school district or a fire district,
does not need to segregate and separately tabulate the results based
on the other jurisdictional lines that are crossed.
This legislation would allow all of the votes within the agency's
boundaries to be combined for the purposes of determining passage of
the facilities levy. The current two-thirds vote requirement is
retained and a requirement that the election be held on a common date
in each school district within the agency's boundaries is added.
FISCAL NOTE
None.
Contact
Name: Rep. Bob Nonini, House of Representatives
Phone: 208 332 1000
Rep. Darrell Bolz
STATEMENT OF PURPOSE/FISCAL NOTE H 418
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