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SJR104.........................................................by SCHROEDER
SCHOOL BOND ELECTIONS - Proposes an amendment to the Constitution of the
State of Idaho to allow school districts to incur indebtedness with the
assent of sixty percent of the qualified electors voting in an election
held for that purpose in May or November.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Loc Gov
SJR104
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE JOINT RESOLUTION NO. 104
BY SCHROEDER
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 VOTING AT AN ELECTION HELD FOR THAT PURPOSE AND HELD ON A
7 DATE IN MAY OR NOVEMBER PROVIDED BY LAW; STATING THE QUESTION TO BE SUB-
8 MITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE
9 STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUB-
10 LISH THE 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, or school district, or other
16 subdivision of the state, shall incur any indebtedness, or liability,
17 in any manner, or for any purpose, exceeding in that year, the income
18 and revenue provided for it for such year, without the assent of
19 two-thirds (2/3) of the qualified electors thereof voting at an elec-
20 tion to be held for that purpose, nor unless, before or at the time
21 of incurring such indebtedness, provisions shall be made for the col-
22 lection of an annual tax sufficient to pay the interest on such
23 indebtedness as it falls due, and also to constitute a sinking fund
24 for the payment of the principal thereof, within thirty (30) years
25 from the time of contracting the same. Any indebtedness or liability
26 incurred contrary to this provision shall be void.: Provided, that
27 tThis section shall not be construed to apply to the ordinary and
28 necessary expenses authorized by the general laws of the state. and
29 provided further that
30 (2) Aany city may own, purchase, construct, extend, or equip,
31 within and without the corporate limits of such city, off-street
32 parking facilities, public recreation facilities, and air navigation
33 facilities, and for the purpose of paying the cost thereof may, with-
34 out regard to any limitation herein imposed, with the assent of
35 two-thirds (2/3) of the qualified electors voting at an election to
36 be held for that purpose, issue revenue bonds therefor, the principal
37 and interest of which to be paid solely from revenue derived from
38 rates and charges for the use of, and the service rendered by, such
39 facilities as may be prescribed by law., and provided further, that
40 (3) Aany city or other political subdivision of the state may
41 own, purchase, construct, extend, or equip, within and without the
42 corporate limits of such city or political subdivision, water sys-
43 tems, sewage collection systems, water treatment plants, sewage
2
1 treatment plants, and may rehabilitate existing electrical generating
2 facilities, and for the purpose of paying the cost thereof, may,
3 without regard to any limitation herein imposed, with the assent of a
4 majority of the qualified electors voting at an election to be held
5 for that purpose, issue revenue bonds therefor, the principal and
6 interest of which to be paid solely from revenue derived from rates
7 and charges for the use of, and the service rendered by such systems,
8 plants and facilities, as may be prescribed by law.; and provided
9 further that
10 (4) Aany port district, for the purpose of carrying into effect
11 all or any of the powers now or hereafter granted to port districts
12 by the laws of this state, may contract indebtedness and issue reve-
13 nue bonds evidencing such indebtedness, without the necessity of the
14 voters of the port district authorizing the same, such revenue bonds
15 to be payable solely from all or such part of the revenues of the
16 port district derived from any source whatsoever excepting only those
17 revenues derived from ad valorem taxes, as the port commission
18 thereof may determine, and such revenue bonds not to be in any manner
19 or to any extent a general obligation of the port district issuing
20 the same, nor a charge upon the ad valorem tax revenue of such port
21 district.
22 (5) A school district may incur indebtedness or liability
23 exceeding in that year the income and revenue provided for the dis-
24 trict in that year if:
25 (a) The district obtains the assent of no less than sixty per-
26 cent, rather than two-thirds, of the qualified electors of the
27 district voting at an election to be held for that purpose and
28 held on a date in May or November provided by law; and
29 (b) Before or at the time of incurring such indebtedness, pro-
30 visions are made for the collection of an annual tax sufficient
31 to pay the interest on the indebtedness as it falls due, and
32 also to constitute a sinking fund for the payment of the princi-
33 pal of the indebtedness, within thirty years from the time of
34 contracting the indebtedness.
35 Any indebtedness or liability incurred contrary to this subsection
36 shall be void. This subsection shall not apply to the ordinary and
37 necessary expenses authorized by the general laws of the state.
38 SECTION 2. The question to be submitted to the electors of the State of
39 Idaho at the next general election shall be as follows:
40 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho
41 be amended to provide that a school district may incur indebtedness with the
42 assent of two-thirds of the qualified electors or with the assent of no less
43 than sixty percent, rather than two-thirds, of the qualified electors of the
44 school district voting at an election held for that purpose and held on a date
45 in May or November provided by law?".
46 SECTION 3. The Legislative Council is directed to prepare the statements
47 required by Section 67-453, Idaho Code, and file the same.
48 SECTION 4. The Secretary of State is hereby directed to publish this pro-
49 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 09686
The purpose of this legislation is to propose an amendment to
Section 3, Article VIII, 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 anelection held
for that purpose and held on a date in May or November.
FISCAL IMPACT
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
332-1321
STATEMENT OF PURPOSE/FISCAL NOTE SJR 104