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SJR102.........................................................by EDUCATION SCHOOL BOND - ELECTION - Proposes an amendment to Section 3, Article VIII, of the Constitution of the State of Idaho to allow school bonds to be approved by 60% of the qualified electors voting at the election held for that purpose and held on a date specified by law in May or November. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to St Aff
SJR102|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE JOINT RESOLUTION NO. 102 BY EDUCATION COMMITTEE 1 A JOINT RESOLUTION 2 PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE VIII, OF THE CONSTITUTION OF THE 3 STATE OF IDAHO, RELATING TO LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTED- 4 NESS, TO ALLOW SCHOOL DISTRICTS TO INCUR INDEBTEDNESS WITH THE ASSENT OF 5 SIXTY PERCENT, RATHER THAN TWO-THIRDS, OF THE QUALIFIED ELECTORS OF THE 6 SCHOOL DISTRICT AT AN ELECTION HELD FOR THAT PURPOSE AND HELD ON A DATE IN 7 MAY OR NOVEMBER PROVIDED BY LAW; STATING THE QUESTION TO BE SUBMITTED TO 8 THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATE- 9 MENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE 10 AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. 11 Be It Resolved by the Legislature of the State of Idaho: 12 SECTION 1. That Section 3, Article VIII, of the Constitution of the State 13 of Idaho be amended to read as follows: 14 SECTION 3. LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS. 15 (1) No county, city,board of education, or16 school district, or other subdivision of the state, shall incur any 17 indebtedness, or liability, in any manner, or for any purpose, 18 exceeding in that year, the income and revenue provided for it for 19 such year, without the assent of two - thirds(2/3)20of the qualified electors thereof voting at an election to be 21 held for that purpose, nor unless, before or at the time of incurring 22 such indebtedness, provisions shall be made for the collection of an 23 annual tax sufficient to pay the interest on such indebtedness as it 24 falls due, and also to constitute a sinking fund for the payment of 25 the principal thereof, within thirty(30)years from the 26 time of contracting the same. Any indebtedness or liability incurred 27 contrary to this provision shall be void .: Pro-28vided, that tT his section shall not be construed 29 to apply to the ordinary and necessary expenses authorized by the 30 general laws of the state .and provided further31that32 (2) Aany city may own, purchase, con- 33 struct, extend, or equip, within and without the corporate limits of 34 such city, off - street parking facilities, public recre- 35 ation facilities, and air navigation facilities, and for the purpose 36 of paying the cost thereof may, without regard to any limitation 37 herein imposed, with the assent of two - thirds38(2/3)of the qualified electors voting at an election to be 39 held for that purpose, issue revenue bonds therefor, the principal 40 and interest of which to be paid solely from revenue derived from 41 rates and charges for the use of, and the service rendered by, such 42 facilities as may be prescribed by law ., and pro-43vided further, that2 1 (3) Aany city or other political sub- 2 division of the state may own, purchase, construct, extend, or equip, 3 within and without the corporate limits of such city or political 4 subdivision, water systems, sewage collection systems, water treat- 5 ment plants, sewage treatment plants, and may rehabilitate existing 6 electrical generating facilities, and for the purpose of paying the 7 cost thereof, may, without regard to any limitation herein imposed, 8 with the assent of a majority of the qualified electors voting at an 9 election to be held for that purpose, issue revenue bonds therefor, 10 the principal and interest of which to be paid solely from revenue 11 derived from rates and charges for the use of, and the service ren- 12 dered by such systems, plants and facilities, as may be prescribed by 13 law .; and provided further that14 (4) Aany port district, for the pur- 15 pose of carrying into effect all or any of the powers now or hereaf- 16 ter granted to port districts by the laws of this state, may contract 17 indebtedness and issue revenue bonds evidencing such indebtedness, 18 without the necessity of the voters of the port district authorizing 19 the same, such revenue bonds to be payable solely from all or such 20 part of the revenues of the port district derived from any source 21 whatsoever excepting only those revenues derived from ad valorem 22 taxes, as the port commission thereof may determine, and such revenue 23 bonds not to be in any manner or to any extent a general obligation 24 of the port district issuing the same, nor a charge upon the ad valo- 25 rem tax revenue of such port district. 26 (5) A school district may incur indebtedness or liability 27 exceeding in that year the income and revenue provided for the dis- 28 trict in that year if: 29 (a) The district obtains the assent of no less than sixty 30 percent, rather than two-thirds, of the qualified electors of 31 the district voting at an election to be held for that purpose 32 and held on a date in May or November provided by law; and 33 (b) Before or at the time of incurring such indebtedness, pro- 34 visions are made for the collection of an annual tax sufficient 35 to pay the interest on the indebtedness as it falls due, and 36 also to constitute a sinking fund for the payment of the princi- 37 pal of the indebtedness, within thirty years from the time of 38 contracting the indebtedness. 39 Any indebtedness or liability incurred contrary to this subsection 40 shall be void. This subsection shall not apply to the ordinary and 41 necessary expenses authorized by the general laws of the state. 42 43 SECTION 2. The question to be submitted to the electors of the State of 44 Idaho at the next general election shall be as follows: 45 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho 46 be amended to provide that a school district may incur indebtedness with the 47 assent of two-thirds of the qualified electors or with the assent of no less 48 than sixty percent, rather than two-thirds, of the qualified electors of the 49 school district voting at an election held for that purpose and held on a date 50 in May or November provided by law?". 51 SECTION 3. The Legislative Council is directed to prepare the statements 52 required by Section 67-453, Idaho Code, and file the same. 3 1 SECTION 4. The Secretary of State is hereby directed to publish this pro- 2 posed constitutional amendment and arguments as required by law.
Statement of Purpose
RS09004
The purpose of this legislation is to Propose an Amendment to Section 3,
Article VlII of the Constitution of the State of Idaho to allow school districts
to incur indebtedness with the assent of sixty percent, rather than two-thirds, of the qualified electors of the School District at an election held for
that purpose and held on a date in May or November provided for by law.
FISCAL NOTE
As estimated by the Secretary of State's office, this vote will cost the
General Fund and the Counties of the State of Idaho a total of
approximately $45,000.
Contact: Senator Gary J. Schroeder
Idaho Senate
208-332-1321
Representative Tom Trail
Idaho House
208-332-1202
SJR 102