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SJR101.....................................................by STATE AFFAIRS
SCHOOL DISTRICT INDEBTEDNESS - Proposing an amendment to the Constitution
of the State of Idaho to allow school districts to incur indebtedness with
the assent of two-thirds of the qualified electors or 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 the fourth Tuesday in May or the Tuesday following the
first Monday in November.
03/25 Senate intro - 1st rdg - to printing
03/26 Rpt prt - to St Aff
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - FAILED - 18-16-1
AYES -- Bunderson, Burkett, Calabretta, Compton, Davis, Gannon,
Goedde, Ingram, Kennedy, Keough, Malepeai, Marley, Noh, Schroeder,
Sorensen, Stegner, Stennett, Werk
NAYS -- Andreason, Bailey, Brandt, Burtenshaw, Cameron, Darrington,
Geddes, Hill, Little, Lodge, McKenzie, Noble, Pearce, Richardson,
Sweet, Williams
Absent and excused -- McWilliams
Floor Sponsors - Schroeder & Goedde
Filed with Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE JOINT RESOLUTION NO. 101
BY STATE AFFAIRS 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 THE ASSENT OF NO LESS THAN SIXTY
6 PERCENT, RATHER THAN TWO-THIRDS, OF THE QUALIFIED ELECTORS OF THE SCHOOL
7 DISTRICT VOTING AT AN ELECTION HELD FOR THAT PURPOSE IF THE ELECTION IS
8 HELD ON THE FOURTH TUESDAY IN MAY OR THE TUESDAY FOLLOWING THE FIRST MON-
9 DAY IN NOVEMBER; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE;
10 DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY
11 LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND
12 ARGUMENTS AS REQUIRED BY LAW.
13 Be It Resolved by the Legislature of the State of Idaho:
14 SECTION 1. That Section 3, Article VIII, of the Constitution of the State
15 of Idaho be amended to read as follows:
16 SECTION 3. LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS.
17 (1) No county, city, board of education, or school district, or other
18 subdivision of the state, shall incur any indebtedness, or liability,
19 in any manner, or for any purpose, exceeding in that year, the income
20 and revenue provided for it for such year, without the assent of
21 two-thirds (2/3) of the qualified electors thereof voting at an elec-
22 tion to be held for that purpose, nor unless, before or at the time
23 of incurring such indebtedness, provisions shall be made for the col-
24 lection of an annual tax sufficient to pay the interest on such
25 indebtedness as it falls due, and also to constitute a sinking fund
26 for the payment of the principal thereof, within thirty (30) years
27 from the time of contracting the same. Any indebtedness or liability
28 incurred contrary to this provision shall be void.: Provided, that
29 tThis section shall not be construed to apply to the ordinary and
30 necessary expenses authorized by the general laws of the state. and
31 provided further that any
32 (2) Any city may own, purchase, construct, extend, or equip,
33 within and without the corporate limits of such city, off street
34 parking facilities, public recreation facilities, and air navigation
35 facilities, and for the purpose of paying the cost thereof may, with-
36 out regard to any limitation herein imposed, with the assent of
37 two-thirds (2/3) of the qualified electors voting at an election to
38 be held for that purpose, issue revenue bonds therefor, the principal
39 and interest of which to be paid solely from revenue derived from
40 rates and charges for the use of, and the service rendered by, such
41 facilities as may be prescribed by law., and provided further, that
42 any
43 (3) Any city or other political subdivision of the state may
2
1 own, purchase, construct, extend, or equip, within and without the
2 corporate limits of such city or political subdivision, water sys-
3 tems, sewage collection systems, water treatment plants, sewage
4 treatment plants, and may rehabilitate existing electrical generating
5 facilities, and for the purpose of paying the cost thereof, may,
6 without regard to any limitation herein imposed, with the assent of a
7 majority of the qualified electors voting at an election to be held
8 for that purpose, issue revenue bonds therefor, the principal and
9 interest of which to be paid solely from revenue derived from rates
10 and charges for the use of, and the service rendered by such systems,
11 plants and facilities, as may be prescribed by law.; and provided
12 further that any
13 (4) Any port district, for the purpose of carrying into effect
14 all or any of the powers now or hereafter granted to port districts
15 by the laws of this state, may contract indebtedness and issue reve-
16 nue bonds evidencing such indebtedness, without the necessity of the
17 voters of the port district authorizing the same, such revenue bonds
18 to be payable solely from all or such part of the revenues of the
19 port district derived from any source whatsoever excepting only those
20 revenues derived from ad valorem taxes, as the port commission
21 thereof may determine, and such revenue bonds not to be in any manner
22 or to any extent a general obligation of the port district issuing
23 the same, nor a charge upon the ad valorem tax revenue of such port
24 district.
25 (5) A school district may incur indebtedness or liability
26 exceeding in that year the income and revenue provided for the dis-
27 trict in that year if:
28 (a) The district obtains the assent of no less than sixty per-
29 cent, rather than two-thirds, of the qualified electors of the
30 district voting at an election to be held for that purpose and
31 held on the fourth Tuesday in May or the Tuesday following the
32 first Monday in November; and
33 (b) Before or at the time of incurring such indebtedness, pro-
34 visions are made for the collection of an annual tax sufficient
35 to pay the interest on the indebtedness as it falls due, and
36 also to constitute a sinking fund for the payment of the princi-
37 pal of the indebtedness, within thirty years from the time of
38 contracting the indebtedness.
39 Any indebtedness or liability incurred contrary to this subsection
40 shall be void. This subsection shall not apply to the ordinary and
41 necessary expenses authorized by the general laws of the state.
42 SECTION 2. The question to be submitted to the electors of the State of
43 Idaho at the next general election shall be as follows:
44 "Shall Section 3, Article VIII, of the Constitution of the State of Idaho
45 be amended to provide that a school district may incur indebtedness with the
46 assent of two-thirds of the qualified electors or the assent of no less than
47 sixty percent, rather than two-thirds, of the qualified electors of the school
48 district voting at an election held for that purpose if the election is held
49 on the fourth Tuesday in May or the Tuesday following the first Monday in
50 November?".
51 SECTION 3. The Legislative Council is directed to prepare the statements
52 required by Section 67-453, Idaho Code, and file the same.
3
1 SECTION 4. The Secretary of State is hereby directed to publish this pro-
2 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 13217
This resolution proposes a constitutional amendment to the
electorate for the purpose of authorizing school districts to
incur debt with a 60% majority, if the election is held on the
fourth Tuesday in May or the Tuesday following the first
Monday in November, as provided in statute. If the election
is held on any other date, a 2/3 majority vote is still
required for approval.
FISCAL IMPACT
For ballot printing, informational printing, and publications,
the estimated cost is approximately $100,000.
Contact
Sen. Gary Schroeder (332-1323)
Sen. John Goedde (332-1340)
Dr. Darrel Deide (334-2100)
STATEMENT OF PURPOSE/FISCAL NOTE SJR101