2003 Legislation
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SENATE JOINT RESOLUTION NO. 101 – School dist, indebtedness, 60% vote

SENATE JOINT RESOLUTION NO. 101

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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