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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, 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
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