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H0806......................................................by STATE AFFAIRS
TAXING DISTRICTS - ELECTIONS - Amends existing law to provide that if any
election has been held for the formation of any special taxing district, or
for the approval of any bond issue or other proposal which would have
resulted in a property tax levy, and the proposal submitted at such
election was defeated, no subsequent election shall be held within five
months from and after the date of such prior election for the same or a
similar purpose in any district which includes any part of the area which
was affected by the prior election.
03/09 House intro - 1st rdg - to printing
03/10 Rpt prt - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/16 Rls susp - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Richman
Absent and excused -- Callister, Gould, Kellogg, Newcomb
Floor Sponsor - Marley
Title apvd - to Senate
03/16 Senate intro - 1st rdg - to St Aff
H0806|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 806 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS IN SPECIAL TAXING DISTRICTS; AMENDING SECTION 63-1309, 3 IDAHO CODE, TO PROVIDE IF ANY ELECTION HAS BEEN HELD FOR THE FORMATION OF 4 ANY SPECIAL TAXING DISTRICT, OR FOR THE APPROVAL OF ANY BOND ISSUE OR 5 OTHER PROPOSAL WHICH WOULD HAVE RESULTED IN A PROPERTY TAX LEVY, AND THE 6 PROPOSAL SUBMITTED AT SUCH ELECTION WAS DEFEATED, NO SUBSEQUENT ELECTION 7 SHALL BE HELD WITHIN FIVE MONTHS FROM AND AFTER THE DATE OF SUCH PRIOR 8 ELECTION FOR THE SAME OR A SIMILAR PURPOSE IN ANY DISTRICT WHICH INCLUDES 9 ANY PART OF THE AREA WHICH WAS AFFECTED BY THE PRIOR ELECTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-1309, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-1309. SPECIAL TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION 14 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED TIME -- EXCEPTION -- BOARD OF EDUCA- 15 TION MAY CONDUCT ELECTION -- MUNICIPALITIES, WATER OR SEWER DISTRICTS MAY CON- 16 DUCT BOND ELECTION. If any election has been held for the formation of any 17 special taxing district, or for the approval of any bond issue or other pro- 18 posal which would have resulted in a property tax levy, and the proposal sub- 19 mitted at such election was defeated, no subsequent election shall be held 20 withinsix (6)five (5) months from and after the 21 date of such prior election for the same or a similar purpose in any district 22 which includes any part of the area which was affected by the prior election. 23 In the event any school building is destroyed or rendered unusable for school 24 purposes by reason of fire, flood or other catastrophe, and a school bond 25 election for the purpose of the replacement of such building is prohibited by 26 the provisions of this section, the state board of education shall have the 27 power to authorize an election for such purpose by order based upon a finding 28 of such facts. The provisions of this section shall not apply to school elec- 29 tions held solely for determining property tax levies for general school pur- 30 poses not involving the issuance of bonds. This time requirement between elec- 31 tions shall not apply to municipalities or water and/or sewer districts when 32 bond issues are being proposed for the installation or improvement of water 33 supply systems or public sewerage systems which have been deemed necessary by 34 the Idaho state board of health to bring such system or systems in conformance 35 with state statutes or rules of the state board of health.
STATEMENT OF PURPOSE
RS 8187
The purpose of this legislation is to shorten from six (6) months to five (5) months the
waiting period for an entity to conduct a bond election after a previous bond issue failed. This
would allow any entity, including a county, which had a bond election which failed on the fourth
Tuesday in May to conduct a subsequent election in November. Thus this legislation would
allow bond issues to be conducted on election dates on which there would be a greater
turnout.
FISCAL NOTE
The ability to have both May and November as bond issue dates could result in
significant tax savings to a county and other political subdivisions.
CONTACT
Ben Ysursa
Chief Deputy, Secretary of State
(208) 334-2852
H 806