Legislative declaration.

Checkout our iOS App for a better way to browser and research.

(1) The general assembly hereby finds and declares that:

  1. In performing its duties under sections 2 and 15 of article IX, section 20 of article X,and section 6 of article XI of the state constitution, the general assembly must balance the interests of achieving a thorough and uniform public school system, controlling public debt, preserving a limited degree of local control, and reasonably restraining most the growth of government;

  2. In balancing these constitutional interests through the exercise of its legislative authority, the general assembly has enacted limitations on the ability of school districts to incur indebtedness;

  3. A statutory restriction has been imposed on the amount of bonded indebtedness thatschool districts can incur with voter approval for capital improvements;

  4. From time to time, changes to such limitations imposed on school districts are necessary in order to keep these constitutional interests properly balanced in light of changing circumstances;

  5. Section 20 (1) of article X of the state constitution prohibits the weakening of "otherlimits on district revenue, spending, and debt" without future voter approval;

  6. No change in school district debt occurs by virtue of statutory changes that increase alimit when the debt would not actually increase without school district voter approval and any actual weakening occurs only when school district voter approval is obtained under an increased limit; and

  7. By requiring voters to give approval at the school district level for any weakening ofa school district limit on debt, the voter approval requirement of section 20 (1) of article X is satisfied in a manner achieving a reasonable result through legislative harmonization of constitutional provisions.

Source: L. 95: Entire article added, p. 1017, § 1, effective May 25.


Download our app to see the most-to-date content.