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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
|||| 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, orschool 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 that31 (2) A any 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 that42 (3) A any 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. ; and11 provided further that12 (4) A any 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 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