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H0765..........................................................by EDUCATION SCHOOL BOND ELECTIONS - Amends existing law to provide a special exception for school bond elections conducted pursuant to the proposed amendment to the Constitution of the State of Idaho which would allow passage by a 60% majority so that such elections may be held in May or November, even though the elections are less than six months apart. 02/24 House intro - 1st rdg - to printing 02/25 Rpt prt - to St Aff
H0765|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 765 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO LIMITATIONS ON SPECIAL TAXING DISTRICT BOND ELECTIONS; AMENDING 3 SECTION 63-1309, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE LIMITATION 4 UPON PROPOSED BOND ELECTIONS FOR ELECTIONS HELD PURSUANT TO THE PROPOSED 5 AMENDMENT TO THE CONSTITUTION OF THE STATE OF IDAHO ALLOWING PASSAGE OF 6 THE BOND BY A SIXTY PERCENT MAJORITY; AND PROVIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-1309, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-1309. SPECIAL TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION 11 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED TIME -- EXCEPTION -- BOARD OF EDUCA- 12 TION MAY CONDUCT ELECTION -- MUNICIPALITIES, WATER OR SEWER DISTRICTS MAY CON- 13 DUCT BOND ELECTION. If any election has been held for the formation of any 14 special taxing district, or for the approval of any bond issue or other pro- 15 posal which would have resulted in a property tax levy, and the proposal sub- 16 mitted at such election was defeated, no subsequent election shall be held 17 within six (6) months from and after the date of such prior election for the 18 same or a similar purpose in any district which includes any part of the area 19 which was affected by the prior election. The requirement for six (6) 20 months between elections shall not apply to a school bond election held pursu- 21 ant to section 3, article VIII, of the constitution of the state of Idaho, 22 requiring an affirmative vote of sixty percent (60%) of the electors, if the 23 election is held on a date in May or November provided by law. In the 24 event any school building is destroyed or rendered unusable for school pur- 25 poses by reason of fire, flood or other catastrophe, and a school bond elec- 26 tion for the purpose of the replacement of such building is prohibited by the 27 provisions of this section, the state board of education shall have the power 28 to authorize an election for such purpose by order based upon a finding of 29 such facts. The provisions of this section shall not apply to school elections 30 held solely for determining property tax levies for general school purposes 31 not involving the issuance of bonds. This time requirement between elections 32 shall not apply to municipalities or water and/or sewer districts when bond 33 issues are being proposed for the installation or improvement of water supply 34 systems or public sewerage systems which have been deemed necessary by the 35 Idaho state board of health to bring such system or systems in conformance 36 with state statutes or rules of the state board of health. 37 SECTION 2. This act shall be in full force and effect on and after certi- 38 fication by the State Board of Canvassers, following the General Election of 39 1998, that the amendment to Section 3, Article VIII, of the Constitution of 40 the State of Idaho, authorizing a school bond to be approved by a majority of 41 sixty percent (60%) of the qualified electors of the district, has been 42 adopted.
STATEMENT OF PURPOSE
08119C1
This is a trailer bill to accompany RS 08118C1. The legislative
intent is to amend Section 63-1309, Idaho Code, to provide an
exception to the limitation upon proposed bond elections for
elections held pursuant to the proposed amendment to the
Constitution of the State of Idaho allowing passage of the bond by
a sixty percent majority. The effective dates for the bond
elections held under the proposed percent constitutional amendment
would be set by the Secretary of State's Office on a date in May
or November provided by law.
FISCAL NOTE
There would be no fiscal impact.
CONTACT: Representative Fred Tilman
Representative Donna Boe
Representative Tom Trail
Senator Marguerite McLaughlin
Senator Gary Schroeder
Senator John Andreason
Senator Jack Riggs
Senator Betsy Dunklin
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 765