2006 Legislation
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SENATE JOINT RESOLUTION NO. 108 – School M&O levies, sales tax

SENATE JOINT RESOLUTION NO. 108

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Bill Status



SJR108.....................................................by STATE AFFAIRS
SCHOOL FUNDING - SALES TAX - Proposing an amendment to the Constitution of
the State of Idaho to provide that no property taxes may be levied for
maintenance and operation of the public schools by noncharter school
districts; and to provide that such property tax moneys shall be replaced
by sales and use tax moneys.
                                                                        
03/27    Senate intro - 1st rdg - to printing
03/28    Rpt prt - to St Aff
03/30    Rpt out - w/o rec - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
04/04    3rd rdg - FAILED - 18-17-0
      AYES -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough,
      Little, Lodge, McGee, McKenzie
      NAYS -- Andreason, Burkett, Corder, Davis, Fulcher, Kelly, Langhorst,
      Malepeai, Marley, Pearce, Richardson, Schroeder, Stegner, Stennett,
      Sweet, Werk, Williams
      Absent and excused -- None
    Floor Sponsor - Little
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE JOINT RESOLUTION NO. 108
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                  A JOINT RESOLUTION
  2    PROPOSING AN AMENDMENT TO ARTICLE VII, OF THE CONSTITUTION  OF  THE  STATE  OF
  3        IDAHO,  RELATING  TO  FINANCE AND REVENUE BY THE ADDITION OF A NEW SECTION
  4        18, ARTICLE VII, OF THE CONSTITUTION OF THE STATE  OF  IDAHO,  TO  PROVIDE
  5        THAT  ON  AND AFTER JANUARY 1, 2007, NO TAXES SHALL BE LEVIED AGAINST REAL
  6        OR PERSONAL PROPERTY FOR MAINTENANCE AND OPERATION OF THE  PUBLIC  SCHOOLS
  7        BY  NONCHARTER  SCHOOL  DISTRICTS,  TO  PROVIDE THAT THE LEGISLATURE SHALL
  8        APPROPRIATE SUFFICIENT FUNDS FROM SALES  AND  USE  TAXES  TO  ENSURE  THAT
  9        SCHOOL  DISTRICTS  CONTINUE  TO  RECEIVE  STATE  FUNDS AS ENTITLED BY LAW,
 10        INCLUDING THE PORTION OF SUCH ENTITLEMENT FORMERLY COMPRISED BY SUCH MAIN-
 11        TENANCE AND OPERATION FUNDS, BUT NOT INCLUDING SUCH MAINTENANCE AND OPERA-
 12        TION FUNDS FORMERLY RAISED BY SCHOOL DISTRICTS IN EXCESS OF THE AMOUNT  OF
 13        FUNDS SCHOOL DISTRICTS ARE ENTITLED TO RECEIVE UNDER PUBLIC SCHOOL FUNDING
 14        FORMULAS  PRESCRIBED BY LAW AND TO PROVIDE THAT THIS PROHIBITION SHALL NOT
 15        APPLY TO TAX LEVIES APPROVED BY QUALIFIED ELECTORS AT AN ELECTION AS  PRO-
 16        VIDED BY LAW OR TO OTHER TAX LEVIES AS MAY BE PROVIDED BY LAW; STATING THE
 17        QUESTION  TO  BE  SUBMITTED  TO  THE ELECTORATE; DIRECTING THE LEGISLATIVE
 18        COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE  SEC-
 19        RETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 20    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 21        SECTION  1.  That  Article VII, of the Constitution of the State of Idaho,
 22    be, and the same is hereby amended by the addition thereto of a  NEW  SECTION,
 23    to  be known and designated as Section 18, Article VII, of the Constitution of
 24    the State of Idaho and to read as follows:
                                                                        
 25             SECTION 18.  PROPERTY TAXES FOR  MAINTENANCE  AND  OPERATION  OF
 26        PUBLIC  SCHOOLS.  On  and  after  January  1, 2007, no taxes shall be
 27        levied against real or personal property for maintenance  and  opera-
 28        tion of the public schools by noncharter school districts. The Legis-
 29        lature shall appropriate sufficient funds from sales and use taxes to
 30        ensure that school districts continue to receive state funds as enti-
 31        tled  by law, including the portion of such entitlement formerly com-
 32        prised by such maintenance and operation  funds,  but  not  including
 33        such  maintenance  and operation funds formerly raised by school dis-
 34        tricts in excess of the amount of funds school districts are entitled
 35        to receive under public school funding formulas  prescribed  by  law.
 36        The  prohibition  provided  by  this  section  shall not apply to tax
 37        levies approved by qualified electors at an election as  provided  by
 38        law or to other tax levies as may be provided by law.
                                                                        
 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 Article VII, of the Constitution of the State of Idaho  be  amended
 42    by the addition of a new Section 18, Article VII, to provide that on and after
                                                                        
                                           2
                                                                        
  1    January  1,  2007,  no taxes shall be levied against real or personal property
  2    for maintenance and operation of the public schools by noncharter school  dis-
  3    tricts,  to  provide  that  the Legislature shall appropriate sufficient funds
  4    from sales and use taxes to ensure that school districts continue  to  receive
  5    state funds as entitled by law, including the portion of such entitlement for-
  6    merly  comprised  by  such maintenance  and operation funds, but not including
  7    such maintenance and operation funds formerly raised by  school  districts  in
  8    excess  of  the amount of funds school districts are entitled to receive under
  9    public school funding formulas prescribed by law and to provide that this pro-
 10    hibition shall not apply to tax levies approved by qualified  electors  at  an
 11    election  as  provided  by  law  or  to other tax levies as may be provided by
 12    law?".
                                                                        
 13        SECTION 3.  The Legislative Council is directed to prepare the  statements
 14    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 15        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 16    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16291


     This Joint Resolution seeks to amend the Constitution to
provide that on or after January 1, 2007, property taxes will not
be collected for maintenance and operation of public schools, and
these funds shall be replaced from the state sales and use tax. 
Prohibition will not apply to tax levies for indebtedness incurred.



                          FISCAL IMPACT

     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. 

     The actual cost of this legislation is intended to be revenue-
neutral, as the increase in sales tax will substitute for the
current property tax.



Contact  
Name:     Senator Brad Little
          Senator Dean Cameron
          Senator Robert Geddes
          Senator Shawn Keough
Phone:    332-1303


STATEMENT OF PURPOSE/FISCAL NOTE                          SJR 108