ENROLLED SENATE
BILL NO. 1713 By: Jech
of the Senate
and
Baker
and Strom of the House
An Act relating to interlocal cooperative agreements; amending
70 O.S. 2021, Section 5-117b, which relates to interlocal cooperative agreements
between boards of education of two or more school districts; requiring certain
boards of directors to maintain certain positions on board; updating statutory
language; providing an effective date; and declaring an emergency.
SUBJECT: Interlocal cooperative agreements
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 70 O.S. 2021,
Section 5-117b, is amended to read as follows:
Section 5-117b. A. The boards of education of any two or more
school districts may enter into an interlocal cooperative agreement for the
purpose of jointly and comparatively performing any of the services, duties,
functions, activities, obligations, or responsibilities which are
authorized or required by law to be performed by school districts of this
state. Two or more school districts may
enter into an interlocal cooperative agreement for the purpose of forming
buying pools and purchasing cooperatives.
As used in this section, “interlocal cooperative agreement” means an
agreement which is entered into by the boards of education of two or more
school districts pursuant to the provisions of this section. This section shall not prohibit school
districts from entering into cooperative agreements authorized under Section
5-117 of this title or interfere with existing cooperative agreements between
school districts. If the boards of
education of any two or more school districts enter into an interlocal
cooperative agreement the following conditions may apply:
1.
An interlocal cooperative agreement shall establish a board of directors
which shall be responsible for administering the joint or cooperative
undertaking. The agreement shall specify
the organization, terms, and composition of, and manner of appointment to, the
board of directors and shall make provision for restructuring or terminating
the board upon partial or complete termination of the agreement. The board of directors shall be selected by
the board of education of each contracting school district and may include but
not be limited to a board member, administrator, or teacher from each
contracting school district. Vacancies
in the membership of the board of directors shall be filled within thirty (30)
days from the date of the vacancy in the manner specified in the agreement. Provided, however, an interlocal cooperative
agreement entered into pursuant to this act for the purpose of providing
insurance for Oklahoma educational institutions shall maintain at least one of
each of the following positions on the board of directors:
a. an individual who is
a member of the American Academy of Actuaries, and
b. an individual with
more than ten (10) years of professional experience in property and casualty
insurance;
2.
An interlocal cooperative agreement which is optional to school
districts and shall be effective only after it is approved by the State Board
of Education and the board of directors may be designated as a local education
agency for some or all state and federal application, reporting, and
auditing procedures. An interlocal
cooperative board of directors that has been designated as a local education
agency shall comply with state and federal law and the regulations of the State
Board of Education;
3.
An interlocal cooperative agreement shall be subject to change or
termination by a recommendation of the State Board of Education;
4.
The duration of an interlocal cooperative agreement for joint or
cooperative action in performing any of the services, duties, functions,
activities, obligations, or responsibilities, other than the provision
of special education services, which are authorized or required by law of
school districts in this state, shall be for a term of not less than one (1)
year. Notice of intent of a school
district to withdraw from the cooperative agreement must be given no later than
March 15 for the ensuing school year;
5.
An interlocal cooperative agreement shall specify the method or methods
to be employed for disposing of property upon partial or complete termination
of the agreement;
6.
Within the limitations provided by law, an interlocal cooperative
agreement may be changed or modified by majority consent of the interlocal
cooperative board of directors;
7.
Except as otherwise specifically provided in this section, any powers, privileges,
or authority exercised or capable of being exercised by any school district of
this state, or by any board of education thereof, may be jointly exercised
pursuant to the provisions of an interlocal cooperative agreement. Federal grant money, applied for on behalf of
a school district, may be disbursed directly to a an interlocal
cooperative with the consent of the school districts comprising the interlocal
cooperative. No powers, privileges,
or authority with respect to the levy and collection of taxes or the
application for or receipt of State Aid formula money, or the issuance of bonds
shall be created or effectuated for joint exercise pursuant to the provisions
of an interlocal cooperative agreement; and
8.
Payments from the general fund of each school district which enters into
any interlocal cooperative agreement for the purpose of financing the joint or
cooperative undertaking provided for by the agreement shall be operating
expenses.
B.
Nothing contained in this section shall be construed to abrogate,
interfere with, impair, qualify, or affect in any manner the exercise
and enjoyment of all the powers, privileges, and authority conferred
upon school districts and boards of education by law, except that boards of
education and school districts are required to comply with the provisions of
this section when entering into an interlocal cooperative agreement that meets
the definition of an interlocal cooperative agreement.
SECTION 2.
This act shall become effective July 1, 2024.
SECTION 3.
It being immediately necessary for the preservation of the public peace,
health or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the Senate the 7th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 18th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________