1998 Legislation
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SENATE JOINT RESOLUTION NO. 107 – State debts, limit clarified

SENATE JOINT RESOLUTION NO. 107

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SJR107.....................................................by STATE AFFAIRS
STATE DEBTS - LIMITS - Proposes an amendment to the Constitution of the
State of Idaho to clarify limits on state debt and liabilities, to provide
for publication of intent to create state indebtedness and to except from
the definition of debt ordinary operating expenses that will be repaid
during the fiscal year.

02/26    Senate intro - 1st rdg - to printing
02/27    Rpt prt - to St Aff
02/27    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 31-2-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
      Risch, Sandy, Schroeder, Stennett, Sweeney, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--Branch, Hawkins
      Absent and excused--Riggs, Sorensen
    Floor Sponsors - Bunderson, Ipsen, Sweeney
    Title apvd - to House
03/10    House intro - 1st rdg - to St Aff
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/19    Rls susp - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crane, Gagner, Jones(20),
    Floor Sponsor - Stubbs
    Title apvd - to Senate
03/20    To enrol - rpt enrol - Pres signed
03/23    Sp signed - to Secretary of State

Bill Text


SJR107


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                             SENATE JOINT RESOLUTION NO. 107

                                BY STATE AFFAIRS COMMITTEE

 1                                  A JOINT RESOLUTION
 2    PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII, OF THE CONSTITUTION OF  THE
 3        STATE  OF IDAHO, RELATING TO LIMITATIONS ON PUBLIC INDEBTEDNESS, TO DELETE
 4        OBSOLETE LANGUAGE AND AMOUNTS TO CLARIFY LIMITS ON STATE INDEBTEDNESS  AND
 5        LIABILITIES,  TO PROVIDE FOR PUBLICATION OF NOTICE TO CREATE STATE INDEBT-
 6        EDNESS, TO EXCEPT FROM THE SECTION ORDINARY OPERATING EXPENSES  AND  DEBTS
 7        OR  LIABILITIES  REPAID  WITHIN THE FISCAL YEAR, TO PROVIDE THAT DEBTS AND
 8        LIABILITIES OF CERTAIN INDEPENDENT PUBLIC  BODIES  CORPORATE  AND  POLITIC
 9        CREATED  BY LAW AND WHICH HAVE NO POWER TO LEVY TAXES OR OBLIGATE THE GEN-
10        ERAL FUND OF THE STATE ARE NOT STATE DEBTS AND TO PROVIDE  THIS  CONSTITU-
11        TIONAL  AMENDMENT SHALL NOT MAKE ILLEGAL THOSE TYPES OF FINANCIAL TRANSAC-
12        TIONS THAT WERE LEGAL ON OR BEFORE NOVEMBER 3, 1998; STATING THE  QUESTION
13        TO  BE  SUBMITTED  TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO
14        PREPARE THE STATEMENTS REQUIRED BY LAW; AND  DIRECTING  THE  SECRETARY  OF
15        STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

16    Be It Resolved by the Legislature of the State of Idaho:

17        SECTION 1.  That Section 1, Article VIII, of the Constitution of the State
18    of Idaho be amended to read as follows:

19             SECTION  1.  LIMITATION  ON PUBLIC INDEBTEDNESS. The legislature
20        shall not in any manner create any debt or debts, liability  or  lia-
21        bilities,   which shall singly or in the aggregate, exclusive of
22        the debt of the territory at the date of its admission  as  a  state,
23        and  exclusive of debts or liabilities incurred subsequent to January
24        1, 1911, for the purpose of completing the construction and  furnish-
25        ing  of  the  state capitol at Boise, Idaho, and exclusive of debt or
26        debts, liability or liabilities incurred by the eleventh  session  of
27        the  legislature  of  the state of Idaho, exceed in the aggregate the
28        sum of two million dollars ($2,000,000),   except  in  case  of
29        war,  to  repel  an invasion, or suppress an insurrection, unless the
30        same shall be authorized by law, for some single object or  work,  to
31        be  distinctly  specified  therein,  which law shall provide ways and
32        means, exclusive of loans, for the payment of the  interest  on  such
33        debt  or liability as it falls due, and also for the payment and dis-
34        charge of the principal of such debt or liability within twenty 
35        (20)  years of the time of the contracting thereof,  and  shall
36        be  irrepealable  until  the  principal and interest thereon shall be
37        paid and discharged. But no such law shall take  effect  until  at  a
38        general  election  it  shall  have  been submitted to the people, and
39        shall have received a majority of all the votes cast for  or  against
40        it  at  such election, and all moneys raised by the authority of such
41        laws shall be applied only to specified objects therein stated or  to
42        the  payment  of the debt thereby created, and such law shall be pub-
43        lished  in at least one newspaper in each county  or  city,  and


                                      2

 1        county,  if  one be published therein, throughout the state for three
 2        (3) months next preceding   prior to  the  gen-
 3        eral  election at which it is submitted to the people , in
 4        the same manner as amendments  to  this  constitution  are  published
 5        .  The  legislature  may at any time after the approval of such
 6        law, by the people, if no debts shall have been contracted in  pursu-
 7        ance thereof, repeal the same.
 8               This  section shall not apply to liabilities incurred for
 9        ordinary operating expenses, nor shall it apply to debts or  liabili-
10        ties that are repaid by the end of the fiscal year. The debts or lia-
11        bilities  of  independent public bodies corporate and politic created
12        by law and which have no power to levy taxes or obligate the  general
13        fund of the state are not debts or liabilities of the state of Idaho.
14        The  provisions of this section shall not make illegal those types of
15        financial transactions that were legal on or before November 3, 1998.
16        

17        SECTION 2.  The question to be submitted to the electors of the  State  of
18    Idaho at the next general election shall be as follows:
19        "Shall  Section 1, Article VIII, of the Constitution of the State of Idaho
20    be amended to delete obsolete language and amounts to clarify limits on  state
21    debts  and liabilities, to provide for publication of notice of intent to cre-
22    ate state indebtedness, to except from the section ordinary operating expenses
23    and debts or liabilities that will be repaid within the fiscal year,  to  pro-
24    vide  that  debts  and  liabilities of independent public bodies corporate and
25    politic created by law and which have no power to levy taxes or  obligate  the
26    general  fund  of the state are not debts of the State of Idaho and to provide
27    these amendments shall not make illegal those types of financial  transactions
28    that were previously legal under this section of the Idaho Constitution?".

29        SECTION  3.  The Legislative Council is directed to prepare the statements
30    required by Section 67-453, Idaho Code, and file the same.

31        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
32    posed constitutional amendment and arguments as required by law.