SENATE BILL REPORT

HB 1404

BYRepresentatives Braddock and Haugen

Creating exemption to interlocal cooperation contracts.

House Committe on Local Government

Senate Committee on Higher Education

Senate Hearing Date(s):March 22, 1989

Senate Staff:Shawn Newman (786-7784)

AS OF MARCH 28, 1989

BACKGROUND:

The state Higher Education Personnel Act establishes a civil service system of employment for the employees of the state's institutions of higher education, including the four-year institutions of higher education and the various community colleges.

The Supreme Court interpreted this law to preclude the purchasing by contract of new services of a type ordinarily provided by classified public employees under the civil service system. Subsequently, the Legislature enacted legislation amending the state Higher Education Personnel Act to not prohibit institutions of higher education from purchasing services by contract if such services were regularly purchased by contract at the institution prior to the effective date of the legislation (April 23, 1979.)

The Interlocal Cooperation Act permits local governments and state agencies to enter into contracts for one public entity to provide a service, activity, or undertaking to the other public entity, if all parties to the contract possess the authority to provide the service, activity, or undertaking.

SUMMARY:

The personnel law for the state's institutions of higher education is amended to not prohibit higher education institutions from entering into contracts under the Interlocal Cooperation Act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested