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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
SJR107|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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 of22the debt of the territory at the date of its admission as a state,23and exclusive of debts or liabilities incurred subsequent to January241, 1911, for the purpose of completing the construction and furnish-25ing of the state capitol at Boise, Idaho, and exclusive of debt or26debts, liability or liabilities incurred by the eleventh session of27the legislature of the state of Idaho, exceed in the aggregate the28sum 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 twenty35(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 lishedin at least one newspaper in each county or city, and2 1county, if one be published therein, throughout the state for three2(3) months next precedingprior 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.