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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
]]]] 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
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