2006 Legislation
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HOUSE JOINT RESOLUTION NO. 4 – School dist bond election, majority

HOUSE JOINT RESOLUTION NO. 4

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Bill Status



HJR004.....................................................by STATE AFFAIRS
SCHOOL DISTRICTS - BOND ELECTIONS - 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 conducted under the administration of the
county, and is held on the first Tuesday in February, the fourth Tuesday in
May, the first Tuesday in August or the Tuesday following the first Monday
in November.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE JOINT RESOLUTION NO. 4
                                                                        
                                 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        CONDUCTED UNDER THE ADMINISTRATION OF THE COUNTY AND IS HELD ON THE  FIRST
  9        TUESDAY  IN  FEBRUARY,  THE   FOURTH  TUESDAY IN MAY, THE FIRST TUESDAY IN
 10        AUGUST, OR THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; STATING THE
 11        QUESTION TO BE SUBMITTED TO  THE  ELECTORATE;  DIRECTING  THE  LEGISLATIVE
 12        COUNCIL  TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SEC-
 13        RETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 14    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 3, Article VIII, of the Constitution of the State
 16    of Idaho be amended to read as follows:
                                                                        
 17             SECTION 3.  LIMITATIONS ON COUNTY  AND  MUNICIPAL  INDEBTEDNESS.
 18        (1)  No  county,  city,  board  of  education, or school district, or
 19        other subdivision of the state, shall incur any indebtedness, or lia-
 20        bility, in any manner, or for any purpose, exceeding  in  that  year,
 21        the  income  and  revenue  provided for it for such year, without the
 22        assent of two-thirds of the qualified electors thereof voting  at  an
 23        election  to  be  held for that purpose, nor unless, before or at the
 24        time of incurring such indebtedness, provisions shall be made for the
 25        collection of an annual tax sufficient to pay the  interest  on  such
 26        indebtedness  as  it falls due, and also to constitute a sinking fund
 27        for the payment of the principal thereof, within  thirty  years  from
 28        the  time  of  contracting  the  same.  Any indebtedness or liability
 29        incurred contrary to this provision shall be  void.:  Provided,  that
 30        tThis  section  shall  not  be construed to apply to the ordinary and
 31        necessary expenses authorized by the general laws of the  state.  and
 32        provided further that any
 33             (2)  Any  city  may  own, purchase, construct, extend, or equip,
 34        within and without the corporate limits  of  such  city,  off  street
 35        parking  facilities, public recreation facilities, and air navigation
 36        facilities, and for the purpose of paying the cost thereof may, with-
 37        out regard to any limitation herein imposed, with the assent of  two-
 38        thirds of the qualified electors voting at an election to be held for
 39        that  purpose, issue revenue bonds therefor, the principal and inter-
 40        est of which to be paid solely from revenue derived  from  rates  and
 41        charges  for the use of, and the service rendered by, such facilities
 42        as may be prescribed by law., and provided further, that 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,  the
 31             election  is  conducted  under the administration of the county,
 32             and held on the first Tuesday in February, the   fourth  Tuesday
 33             in  May,  the first Tuesday in August,  or the Tuesday following
 34             the first Monday in November; and
 35             (b)  Before or at the time of incurring such indebtedness,  pro-
 36             visions  are made for the collection of an annual tax sufficient
 37             to pay the interest on the indebtedness as  it  falls  due,  and
 38             also to constitute a sinking fund for the payment of the princi-
 39             pal  of  the  indebtedness, within thirty years from the time of
 40             contracting the indebtedness.
 41        Any indebtedness or liability incurred contrary  to  this  subsection
 42        shall  be  void.  This subsection shall not apply to the ordinary and
 43        necessary expenses authorized by the general laws of the state.
                                                                        
 44        SECTION 2.  The question to be submitted to the electors of the  State  of
 45    Idaho at the next general election shall be as follows:
 46        "Shall  Section 3, Article VIII, of the Constitution of the State of Idaho
 47    be amended to provide that a school district may incur indebtedness  with  the
 48    assent  of  two-thirds of the qualified electors or the assent of no less than
 49    sixty percent, rather than two-thirds, of the qualified electors of the school
 50    district voting at an election held for that purpose if the election  is  con-
 51    ducted  under the administration of the county, and is held on the first Tues-
 52    day in February, the  fourth Tuesday in May, the first Tuesday in August,   or
 53    the Tuesday following the first Monday in November?".
                                                                        
                                           3
                                                                        
  1        SECTION  3.  The Legislative Council is directed to prepare the statements
  2    required by Section 67-453, Idaho Code, and file the same.
                                                                        
  3        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
  4    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15711C1

This legislation proposes an amendment to Section 3, Article
VIII, of the Constitution of the State of Idaho, which would
allow school districts to incur indebtedness with the approval of
two-thirds of the qualified voters or the approval of no less
than sixty percent (60%).  The election, under the administration
of the county, would be held on the first Tuesday in February,
the fourth Tuesday in May, the first Tuesday in August, or the
Tuesday following the first Monday in November.


                           FISCAL NOTE

The fiscal impact to the General Fund will be $50,000.00 (fifty
thousand dollars) to cover costs of placing the measure on the
ballot.




Contact
Name: Representative Steve Smylie 
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         HJR 4