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SJR103aa.......................................................by EDUCATION SCHOOLS - INDEBTEDNESS - ELECTION - Proposing an amendment to the Constitution of the State of Idaho to provide that a school district may incur indebtedness with the assent of two-thirds of the qualified electors or, alternatively, with the assent of no less than sixty percent, rather than two-thirds, of the qualified electors of the school district voting at an election held for that purpose if the election is held on a date in November as provided by law. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Educ 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 Ret'd to Educ 02/21 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/04 Rpt engros - 1st rdg - to 2nd rdg as amen 03/05 2nd rdg - to 3rd rdg as amen 03/11 Ret'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE JOINT RESOLUTION NO. 103 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 TWO-THIRDS OF THE QUALIFIED ELECTORS OR, ALTERNATIVELY, WITH THE ASSENT OF 6 NO LESS THAN SIXTY PERCENT, RATHER THAN TWO-THIRDS, OF THE QUALIFIED ELEC- 7 TORS OF THE SCHOOL DISTRICT VOTING AT AN ELECTION HELD FOR THAT PURPOSE 8 AND HELD ON A DATE IN MAY OR NOVEMBER AS PROVIDED BY LAW; STATING THE 9 QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE 10 COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SEC- 11 RETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED 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 other 17 subdivision of the state, shall incur any indebtedness, or liability, 18 in any manner, or for any purpose, exceeding in that year, the income 19 and revenue provided for it for such year, without the assent of 20 two-thirds(2/3)of the qualified electors thereof voting at an elec- 21 tion to be held for that purpose, nor unless, before or at the time 22 of incurring such indebtedness, provisions shall be made for the col- 23 lection of an annual tax sufficient to pay the interest on such 24 indebtedness as it falls due, and also to constitute a sinking fund 25 for the payment of the principal thereof, within thirty(30)years 26 from the time of contracting the same. Any indebtedness or liability 27 incurred contrary to this provision shall be void.: Provided, that28tThis section shall not be construed to apply to the ordinary and 29 necessary expenses authorized by the general laws of the stateand30provided further that a31 (2) 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 principal 38 and interest of which to be paid solely from revenue derived from 39 rates and charges for the use of, and the service rendered by, such 40 facilities as may be prescribed by law., and provided further, that a41 (3) Any city or other political subdivision of the state may 42 own, purchase, construct, extend, or equip, within and without the 43 corporate limits of such city or political subdivision, water sys- 2 1 tems, sewage collection systems, water treatment plants, sewage 2 treatment plants, and may rehabilitate existing electrical generating 3 facilities, and for the purpose of paying the cost thereof, may, 4 without regard to any limitation herein imposed, with the assent of a 5 majority of the qualified electors voting at an election to be held 6 for that purpose, issue revenue bonds therefor, the principal and 7 interest of which to be paid solely from revenue derived from rates 8 and charges for the use of, and the service rendered by such systems, 9 plants and facilities, as may be prescribed by law.; and provided10further that a11 (4) Any port district, for the purpose of carrying into effect 12 all or any of the powers now or hereafter granted to port districts 13 by the laws of this state, may contract indebtedness and issue reve- 14 nue bonds evidencing such indebtedness, without the necessity of the 15 voters of the port district authorizing the same, such revenue bonds 16 to be payable solely from all or such part of the revenues of the 17 port district derived from any source whatsoever excepting only those 18 revenues derived from ad valorem taxes, as the port commission 19 thereof may determine, and such revenue bonds not to be in any manner 20 or to any extent a general obligation of the port district issuing 21 the same, nor a charge upon the ad valorem tax revenue of such port 22 district. 23 (5) A school district may incur indebtedness or liability 24 exceeding in that year the income and revenue provided for the dis- 25 trict in that year if: 26 (a) The district obtains the assent of no less than sixty per- 27 cent, rather than two-thirds, of the qualified electors of the 28 district voting at an election to be held for that purpose and 29 held on a date in May or November provided by law; and 30 (b) Before or at the time of incurring such indebtedness, pro- 31 visions are made for the collection of an annual tax sufficient 32 to pay the interest on the indebtedness as it falls due, and 33 also to constitute a sinking fund for the payment of the princi- 34 pal of the indebtedness, within thirty years from the time of 35 contracting the indebtedness. 36 Any indebtedness or liability incurred contrary to this subsection 37 shall be void. This subsection shall not apply to the ordinary and 38 necessary expenses authorized by the general laws of the state. 39 SECTION 2. The question to be submitted to the electors of the State of 40 Idaho at the next general election shall be as follows: 41 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho 42 be amended to provide that a school district may incur indebtedness with the 43 assent of two-thirds of the qualified electors or the assent of no less than 44 sixty percent, rather than two-thirds, of the qualified electors of the school 45 district voting at an election held for that purpose if the election is held 46 on a date in May or November as provided by law?". 47 SECTION 3. The Legislative Council is directed to prepare the statements 48 required by Section 67-453, Idaho Code, and file the same. 49 SECTION 4. The Secretary of State is hereby directed to publish this pro- 50 posed constitutional amendment and arguments as required by law.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Deide Seconded by Schroeder IN THE SENATE SENATE AMENDMENT TO S.J.R. NO. 103 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed resolution, in line 29, delete "May or". 3 AMENDMENT TO SECTION 2 4 On page 2, in line 46, delete "May or". 5 CORRECTION TO TITLE 6 On page 1, in line 8, delete "MAY OR".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE JOINT RESOLUTION NO. 103, As Amended 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 TWO-THIRDS OF THE QUALIFIED ELECTORS OR, ALTERNATIVELY, WITH THE ASSENT OF 6 NO LESS THAN SIXTY PERCENT, RATHER THAN TWO-THIRDS, OF THE QUALIFIED ELEC- 7 TORS OF THE SCHOOL DISTRICT VOTING AT AN ELECTION HELD FOR THAT PURPOSE 8 AND HELD ON A DATE IN NOVEMBER AS PROVIDED BY LAW; STATING THE QUESTION TO 9 BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PRE- 10 PARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE 11 TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED 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 other 17 subdivision of the state, shall incur any indebtedness, or liability, 18 in any manner, or for any purpose, exceeding in that year, the income 19 and revenue provided for it for such year, without the assent of 20 two-thirds(2/3)of the qualified electors thereof voting at an elec- 21 tion to be held for that purpose, nor unless, before or at the time 22 of incurring such indebtedness, provisions shall be made for the col- 23 lection of an annual tax sufficient to pay the interest on such 24 indebtedness as it falls due, and also to constitute a sinking fund 25 for the payment of the principal thereof, within thirty(30)years 26 from the time of contracting the same. Any indebtedness or liability 27 incurred contrary to this provision shall be void.: Provided, that28tThis section shall not be construed to apply to the ordinary and 29 necessary expenses authorized by the general laws of the stateand30provided further that a31 (2) 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 principal 38 and interest of which to be paid solely from revenue derived from 39 rates and charges for the use of, and the service rendered by, such 40 facilities as may be prescribed by law., and provided further, that a41 (3) Any city or other political subdivision of the state may 42 own, purchase, construct, extend, or equip, within and without the 43 corporate limits of such city or political subdivision, water sys- 2 1 tems, sewage collection systems, water treatment plants, sewage 2 treatment plants, and may rehabilitate existing electrical generating 3 facilities, and for the purpose of paying the cost thereof, may, 4 without regard to any limitation herein imposed, with the assent of a 5 majority of the qualified electors voting at an election to be held 6 for that purpose, issue revenue bonds therefor, the principal and 7 interest of which to be paid solely from revenue derived from rates 8 and charges for the use of, and the service rendered by such systems, 9 plants and facilities, as may be prescribed by law.; and provided10further that a11 (4) Any port district, for the purpose of carrying into effect 12 all or any of the powers now or hereafter granted to port districts 13 by the laws of this state, may contract indebtedness and issue reve- 14 nue bonds evidencing such indebtedness, without the necessity of the 15 voters of the port district authorizing the same, such revenue bonds 16 to be payable solely from all or such part of the revenues of the 17 port district derived from any source whatsoever excepting only those 18 revenues derived from ad valorem taxes, as the port commission 19 thereof may determine, and such revenue bonds not to be in any manner 20 or to any extent a general obligation of the port district issuing 21 the same, nor a charge upon the ad valorem tax revenue of such port 22 district. 23 (5) A school district may incur indebtedness or liability 24 exceeding in that year the income and revenue provided for the dis- 25 trict in that year if: 26 (a) The district obtains the assent of no less than sixty per- 27 cent, rather than two-thirds, of the qualified electors of the 28 district voting at an election to be held for that purpose and 29 held on a date in November provided by law; and 30 (b) Before or at the time of incurring such indebtedness, pro- 31 visions are made for the collection of an annual tax sufficient 32 to pay the interest on the indebtedness as it falls due, and 33 also to constitute a sinking fund for the payment of the princi- 34 pal of the indebtedness, within thirty years from the time of 35 contracting the indebtedness. 36 Any indebtedness or liability incurred contrary to this subsection 37 shall be void. This subsection shall not apply to the ordinary and 38 necessary expenses authorized by the general laws of the state. 39 SECTION 2. The question to be submitted to the electors of the State of 40 Idaho at the next general election shall be as follows: 41 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho 42 be amended to provide that a school district may incur indebtedness with the 43 assent of two-thirds of the qualified electors or the assent of no less than 44 sixty percent, rather than two-thirds, of the qualified electors of the school 45 district voting at an election held for that purpose if the election is held 46 on a date in November as provided by law?". 47 SECTION 3. The Legislative Council is directed to prepare the statements 48 required by Section 67-453, Idaho Code, and file the same. 49 SECTION 4. The Secretary of State is hereby directed to publish this pro- 50 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE RS 11609 This Joint Resolution places on the ballot an amendment to Section 3, Article VIII, of the State Constitution. The question is, whether or not a school district can incur indebtedness with the approval of no less than sixty percent of the qualified electors rather than two-thirds and at an election held on a date in May or November as provided by law. Further, it retains the two-thirds requirement if said election is held on a date other than that described herein. FISCAL IMPACT The cost to publish is estimated to be approximately $50,000. Contact Name: Senator Darrel Deide Phone: 332-1386 Representative Lawrence Denney 332-1244 STATEMENT OF PURPOSE/FISCAL NOTE SJR 103 REVISED REVISED REVISED REVISED