View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2002
IN 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, that
28 tThis section shall not be construed to apply to the ordinary and
29 necessary expenses authorized by the general laws of the state and
30 provided further that a
31 (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 a
41 (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 provided
10 further that a
11 (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 - 2002
Moved 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 - 2002
IN 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, that
28 tThis section shall not be construed to apply to the ordinary and
29 necessary expenses authorized by the general laws of the state and
30 provided further that a
31 (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 a
41 (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 provided
10 further that a
11 (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