2002 Legislation
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SENATE JOINT RESOLUTION NO. 103 – S Educ<br />

SENATE JOINT RESOLUTION NO. 103

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                     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