2001 Legislation
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SENATE JOINT RESOLUTION NO. 101 – School dist, bond election, 60%

SENATE JOINT RESOLUTION NO. 101

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        ***********************************************************
                                                                        
                                                                        
SJR101.........................................................by EDUCATION
SCHOOL DISTRICTS - BOND ELECTIONS - Proposing an amendment to the
Constitution of the State of Idaho to allow school districts to incur
indebtedness with the assent of sixty percent of those qualified electors
voting in an election held for that purpose in May or November.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Educ
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - FAILED - 15-18-2
      AYES--Andreason, Boatright, Bunderson, Danielson, Dunklin, Frasure,
      Goedde, Ingram, Keough, Noh, Risch, Schroeder, Sorensen, Stennett,
      Whitworth
      NAYS--Branch(Bartlett), Brandt, Burtenshaw, Cameron, Darrington,
      Davis, Deide, Geddes, Hawkins, Ipsen, King-Barrutia, Lodge,
      Richardson, Sandy, Stegner, Thorne, Wheeler, Williams
      Absent and excused--Lee, Sims
    Floor Sponsor -- Schroeder
    Filed w/ Office of the Secretary of the Senate

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE JOINT RESOLUTION NO. 101
                                                                        
                                   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 VOTING AT AN ELECTION HELD FOR THAT PURPOSE AND  CONDUCTED
  7        AT  THE TIME AND PLACE OF THE MAY OR NOVEMBER ELECTION AS PROVIDED BY LAW;
  8        STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEG-
  9        ISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND  DIRECTING
 10        THE  SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED
 11        BY LAW.
                                                                        
 12    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 3, Article VIII, of the Constitution of the State
 14    of Idaho be amended to read as follows:
                                                                        
 15             SECTION 3.  LIMITATIONS ON COUNTY  AND  MUNICIPAL  INDEBTEDNESS.
 16         (1)  No  county,  city,  board  of education, or school district, or
 17         other subdivision of the state, shall  incur  any  indebtedness,  or
 18         liability,  in  any  manner,  or  for any purpose, exceeding in that
 19         year, the income and revenue provided for it for such year,  without
 20         the  assent  of  two-thirds  (2/3) of the qualified electors thereof
 21         voting at an election to be  held  for  that  purpose,  nor  unless,
 22         before  or  at  the  time of incurring such indebtedness, provisions
 23         shall be made for the collection of an annual tax sufficient to  pay
 24         the  interest on such indebtedness as it falls due, and also to con-
 25         stitute a sinking fund for the payment  of  the  principal  thereof,
 26         within  thirty (30) years from the time of contracting the same. Any
 27         indebtedness or liability incurred contrary to this provision  shall
 28         be  void.:  Provided,  tThat  this section shall not be construed to
 29         apply to the ordinary and necessary expenses authorized by the  gen-
 30         eral laws of the state. and provided further that
 31             (2)  Aany  city  may own, purchase, construct, extend, or equip,
 32         within and without the corporate limits  of  such  city,  off-street
 33         parking facilities, public recreation facilities, and air navigation
 34         facilities,  and  for  the  purpose  of paying the cost thereof may,
 35         without regard to any limitation herein imposed, with the assent  of
 36         two-thirds  (2/3) of the qualified electors voting at an election to
 37         be held for that purpose, issue revenue bonds therefor, the  princi-
 38         pal  and  interest  of  which to be paid solely from revenue derived
 39         from rates and charges for the use of, and the service rendered  by,
 40         such  facilities as may be prescribed by law., and provided further,
 41         that
 42             (3)  Aany city or other political subdivision of the  state  may
 43         own,  purchase,  construct, extend, or equip, within and without the
                                                                        
                                           2
                                                                        
  1         corporate limits of such city or political subdivision,  water  sys-
  2         tems,  sewage  collection  systems,  water  treatment plants, sewage
  3         treatment plants, and may rehabilitate existing electrical  generat-
  4         ing facilities, and for the purpose of paying the cost thereof, may,
  5         without  regard to any limitation herein imposed, with the assent of
  6         a majority of the qualified electors voting at  an  election  to  be
  7         held  for  that purpose, issue revenue bonds therefor, the principal
  8         and interest of which to be paid solely from  revenue  derived  from
  9         rates  and  charges for the use of, and the service rendered by such
 10         systems, plants and facilities, as may be prescribed  by  law.;  and
 11         provided further that
 12             (4)  Aany port district, for the purpose of carrying into effect
 13         all  or any of the powers now or hereafter granted to port districts
 14         by the laws of this state, may contract indebtedness and issue reve-
 15         nue bonds evidencing such indebtedness, without the necessity of the
 16         voters of the port district authorizing the same, such revenue bonds
 17         to be payable solely from all or such part of the  revenues  of  the
 18         port  district  derived  from  any  source whatsoever excepting only
 19         those revenues derived from ad valorem taxes, as the port commission
 20         thereof may determine, and such revenue bonds not to be in any  man-
 21         ner or to any extent a general obligation of the port district issu-
 22         ing  the  same, nor a charge upon the ad valorem tax revenue of such
 23         port district.
 24             (5)  A school  district  may  incur  indebtedness  or  liability
 25         exceeding  in that year the income and revenue provided for the dis-
 26         trict in that year if:
 27             (a)  The district obtains the assent of no less than sixty  per-
 28             cent,  rather  than two-thirds, of the qualified electors of the
 29             district voting at an election to be held for that  purpose  and
 30             conducted  at the time and place of the May or November election
 31             as provided by law; and
 32             (b)  Before or at the time of incurring such indebtedness,  pro-
 33             visions  are made for the collection of an annual tax sufficient
 34             to pay the interest on the indebtedness as  it  falls  due,  and
 35             also to constitute a sinking fund for the payment of the princi-
 36             pal  of  the  indebtedness, within thirty years from the time of
 37             contracting the indebtedness.
 38         Any indebtedness or liability incurred contrary to  this  subsection
 39         shall  be  void. This subsection shall not apply to the ordinary and
 40         necessary expenses authorized by the general laws of the state.
                                                                        
 41        SECTION 2.  The question to be submitted to the electors of the  State  of
 42    Idaho at the next general election shall be as follows:
 43        "Shall  Section 3, Article VIII, of the Constitution of the State of Idaho
 44    be amended to provide that a school district may incur indebtedness  with  the
 45    assent of two-thirds or with the assent of not less than sixty percent, rather
 46    than two-thirds, of the qualified electors of the school district voting at an
 47    election held for that purpose and conducted at a time and place of the May or
 48    November election as provided by law?".
                                                                        
 49        SECTION  3.  The Legislative Council is directed to prepare the statements
 50    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 51        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 52    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                                 
                       STATEMENT OF PURPOSE

                         RS 11018

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 an election 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 $45,000 - $50,000.






Contact
Senator Gary J. Schroeder
332-1321


STATEMENT OF PURPOSE/FISCAL NOTE                                             SJR 10