RETRIEVE BILL Debt Reform Const Bill - 001


     Legislative Bill Drafting Commission
                  89163-03-0

     S.        --------
                SENATE
               --------

     IN SENATE--Introduced by Sen

     --read twice and ordered printed,
     and when printed to be committed
     to the Committee on

               -------- A.
               ASSEMBLY
               --------

     IN ASSEMBLY--Introduced by M. of A.

     --read  once  and  referred  to  the
     Committee on

     *CONSTCOR*
     (Prohibits  certain  borrowing   ar-
     rangements)

                   --------

     Const. prohib cert borrowing

             CONCURRENT RESOLUTION
          OF THE SENATE AND ASSEMBLY

     proposing amendments to article 7 of
     the constitution, in relation to the
     prohibition   of  certain  borrowing
     arrangements, the authorization  for
     the  contracting of debt, the manner
     by which payments  are  appropriated
     and the manner by which payments are
     appropriated and paid

                                         2                         89163-03-0

  1    Section 1. Resolved (if the        concur), That section 11 of article

  2  7 of the constitution be amended to read as follows:

  3    §  11. 1. Except the debts or refunding debts specified in sections 9,

  4  10 and 13 of this article, no debt shall be hereafter contracted by  or

  5  in  behalf  of the state, unless as authorized in subdivision 2 or 3 of

  6  this section, or as expressly provided for elsewhere in  this  constitu-

  7  tion,  the  state  shall  not  enter into any financing or other similar

  8  arrangement, whether by statute, contract, lease, or otherwise,  whereby

  9  the  state  agrees to make payments which will be used directly or indi-

 10  rectly, for the payment of interest, installments of principal, contrib-

 11  utions to sinking funds, or related payments on indebtedness  issued  or

 12  contracted  by  any state agency, municipality, individual, or public or

 13  private corporation for state purposes or to finance assistance made  or

 14  to  be  made by or on behalf of the state for any purpose. The foregoing

 15  restrictions shall apply whether or not the obligation of the  state  to

 16  make  such  payments is subject to appropriation or is otherwise contin-

 17  gent.

 18    2. The state may contract debt which is secured by  a  pledge  of  the

 19  full  faith  and credit of the state if such debt shall be authorized by

 20  law, for some single capital work or purpose, to be distinctly specified

 21  therein. No; provided that no such law  shall  take  effect  until  it

 22  shall,  at  a  general  election, have been submitted to the people, and

 23  have received a majority of all the votes cast for  and  against  it  at

 24  such  election  nor  shall  it  be submitted to be voted on within three

 25  months after its passage nor at any general election when any other law

 26  or any bill shall be submitted to be voted for or against.

 27    3.  The state may also contract debt, in a manner prescribed  by  law,

 28  which  is  secured  by  a  pledge of specific revenues of the state. The

                                         3                         89163-03-0

  1  legislature shall, by law, identify the capital works or purposes to  be

  2  financed  with such debt. Revenues in excess of the required payments of

  3  interest and installment payments of principal, contributions to sinking

  4  funds,  and  related  payments  on such debt shall be available for such

  5  other purposes, as provided by law.

  6    4. The state may not contract debt pursuant to subdivision 2 or 3   of

  7  this  section unless the total outstanding principal amount of such debt

  8  as of the last day of the immediately preceding fiscal year is less than

  9  the designated percentage of the total  personal  income  of  the  state

 10  applicable to such fiscal year, where such personal income is defined by

 11  and  calculated  in accordance with law. The total outstanding principal

 12  amount of debt shall include all debt or  other  obligations  contracted

 13  pursuant  to  subdivisions  2  and 3 of this section issued on and after

 14  January first, two thousand two. The  outstanding  principal  amount  of

 15  debt, with regard to the inclusion of either refunded or refunding obli-

 16  gations,  shall  be  defined by law.  The designated percentage shall be

 17  six-tenths of one percent for fiscal year two thousand two--two thousand

 18  three, and shall increase by five-tenths of one percent in  fiscal  year

 19  two thousand three--two thousand four, by four-tenths of one percent

 20   in  fiscal  year two thousand four--two thousand five, and by one-third

 21  of one percent in each of the five subsequent fiscal years.  The  desig-

 22  nated  percentage  for fiscal year two thousand ten--two thousand eleven

 23  and for each fiscal year thereafter shall be three and one-half percent.

 24    5. The state may not contract debt pursuant to subdivision 3  of  this

 25  section unless the total outstanding principal amount of such debt as of

 26  the  last  day of the immediately preceding fiscal year is less than the

 27  designated percentage of the total personal income of the state applica-

 28  ble to such fiscal year, as defined pursuant to subdivision  4  of  this

                                         4                         89163-03-0

  1  section.    The total outstanding principal amount of debt shall include

  2  all debt or other obligations contracted pursuant to  subdivision  3  of

  3  this  section  issued  on and after January first, two thousand two. The

  4  outstanding  principal  amount  of debt, with regard to the inclusion of

  5  either refunded or refunding obligations, shall be defined by  law.  The

  6  designated  percentage  shall  not  exceed  the limitations set forth in

  7  subdivision 4 of this section for each fiscal year  and,  in  no  event,

  8  shall not exceed one and three-quarters percent.

  9    6.  The  state may not contract debt pursuant to subdivision 2 or 3 of

 10  this section unless the total amount of interest, installments of  prin-

 11  cipal,  contributions  to  sinking funds, and related payments on a cash

 12  basis of accounting for such debt in the  immediately  preceding  fiscal

 13  year  is less than the designated percentage of total governmental funds

 14  receipts for such fiscal year, where such total governmental receipts is

 15  defined by and calculated in accordance with law. This shall include the

 16  total amount of payments on such debt issued on and after January first,

 17  two thousand two, but shall not include payments in any fiscal year made

 18  by the state to  defease  or  retire  debt  not  required  by  mandatory

 19  payments  nor  payments made by the state for debt issued to refund debt

 20  that was issued prior to January first, two thousand two. The designated

 21  percentage shall be six-tenths of one percent for fiscal year two  thou-

 22  sand  two--two  thousand three, and shall increase by five-tenths of one

 23  percent in fiscal year two thousand three--two thousand four,  by  four-

 24  tenths  of  one  percent  in fiscal year two thousand four--two thousand

 25  five, and by one-third of one percent in  each  of  the  ten  subsequent

 26  fiscal  years.    The designated percentage for fiscal year two thousand

 27  fifteen--two thousand sixteen and for each fiscal year thereafter  shall

 28  be five percent.

                                         5                         89163-03-0

  1    7.  The  legislature shall provide by law for the manner by which debt

  2  authorized by this section shall be contracted,  provided  that  neither

  3  house  of  the  legislature shall consider any such bill unless it shall

  4  have been printed and upon the desks of the members, in its final  form,

  5  at least fourteen calendar legislative days prior to its final passage.

  6    8. The legislature may, at any time after the approval of such law by

  7  the  people, if no debt shall have been contracted in pursuance there-

  8  of of a particular law authorized under subdivision  2  or  3  of  this

  9  section,  repeal  the  same  such law authorizing the issuance of such

 10  debt; and may at any time, by law, forbid the contracting of any further

 11  debt or liability under such law.

 12    9. No debt shall be contracted pursuant to subdivision 2 or 3 of  this

 13  section, except to finance capital works or purposes.

 14    10.  The state may contract debt to refund debt contracted pursuant to

 15  subdivision 2  or  3  of  this  section  provided  such  refundings  are

 16  conducted  in accordance with the provisions of section 13 of this arti-

 17  cle.

 18    11. The provisions of subdivision 1 of this section shall not prohibit

 19  the state from providing monies for payment of interest, installments of

 20  principal, contributions to sinking funds, or related payments on  obli-

 21  gations which were contracted prior to the effective date of such subdi-

 22  vision  or  on  obligations  issued to refund such obligations, provided

 23  such refundings are conducted  in  accordance  with  the  provisions  of

 24  section 13 of this article.

 25    §  2. Resolved (if the        concur), That section 12 of article 7 of

 26  the constitution be amended to read as follows:  

 27    § 12. Except the debts or refunding debts specified in sections 9,  10

 28  and  13  of  this  article,  all  debts contracted by the state and each

                                         6                         89163-03-0

  1  portion of any such debt from  time  to  time  so  contracted  shall  be

  2  subject to the following rules:

  3    1.  The  principal of each debt or any portion thereof shall either be

  4  paid in equal annual installments or  in  installments  that  result  in

  5  substantially  level or declining debt service payments such as shall be

  6  authorized by law, or, in the alternative, contributions of principal in

  7  the amount that would otherwise be required to be paid annually shall be

  8  made to a sinking fund.

  9    2. When some portions of the same  debt  are  payable  annually  while

 10  other  portions require contributions to a sinking fund, the entire debt

 11  shall be structured so that the combined amount of  annual  installments

 12  of  principal paid and/or annual contributions of principal made in each

 13  year shall be equal to the amount that would be required to be  paid  if

 14  the entire debt were payable in annual installments.

 15    3.  When  interest on state obligations is not paid at least annually,

 16  there shall also be contributed to a sinking fund at least annually, the

 17  amount necessary to bring the balance thereof, including  income  earned

 18  on  contributions,  to  the accreted value of the obligations to be paid

 19  therefrom on the date such contribution is made, less  the  sum  of  all

 20  required  future contributions of principal, in the case of sinking fund

 21  obligations, or payments of principal,  in  the  case  of  serial  obli-

 22  gations.    Notwithstanding  the  foregoing,  nothing  contained in this

 23  subdivision shall be deemed to require  contributions  for  interest  to

 24  sinking  funds  if total debt service due on the debt or portion thereof

 25  in the year such interest is due will be substantially the same  as  the

 26  total  debt  service  due  on such debt or portion thereof in each other

 27  year or if the total amount of debt service due in each subsequent  year

                                         7                         89163-03-0

  1  on  such  debt  or  portion  thereof  shall  be less than the total debt

  2  service due in each prior year.

  3    4.  The  first  annual  installment on such debt shall be paid, or the

  4  first annual contribution shall be made to a sinking fund, not more than

  5  one year, and the last installment shall be paid, or  contribution  made

  6  not  more  than thirty forty years, after such debt or portion thereof

  7  shall have been contracted, provided, however, that in  contracting  any

  8  such  debt the privilege of paying all or any part of such debt prior to

  9  the date on which the same shall be due may be reserved to the state  in

 10  such manner as may be provided by law.

 11    5.  No  such debt shall be contracted for a period longer than that of

 12  the probable life of the capital work or purpose for which the  debt  is

 13  to  be contracted, or in the alternative, the weighted average period of

 14  probable life of the capital works or purposes for  which  such  indebt-

 15  edness  is to be contracted. The probable lives of such capital works or

 16  purposes shall  be determined by general laws, which determination shall

 17  be conclusive.

 18    6. The money arising from any loan creating  such  debt  or  liability

 19  shall  be  applied  only to the capital work or purpose specified in the

 20  act authorizing such debt or liability, or for the payment of such  debt

 21  or  liability, including any notes or obligations issued in anticipation

 22  of the sale of bonds evidencing such debt or liability.

 23    7. Any sinking funds created pursuant to this section shall  be  main-

 24  tained  and  managed  by  the  state  comptroller or an agent or trustee

 25  designated by the  state  comptroller,  and  amounts  in  sinking  funds

 26  created  pursuant  to  this section, and earnings thereon, shall be used

 27  solely for the purpose  of  retiring  the  obligations  secured  thereby

 28  except  that  amounts  in excess of the required balance on any contrib-

                                         8                         89163-03-0

  1  ution date and amounts remaining in such funds after all  of  the  obli-

  2  gations  secured  thereby  have  been  retired shall be deposited in the

  3  general fund.

  4    8.  No  appropriation  shall be required for disbursement of money, or

  5  income earned thereon, from any sinking fund created  pursuant  to  this

  6  section for the purpose of paying principal of and interest on the obli-

  7  gations  for  which such fund was created, except that interest shall be

  8  paid from any such fund only if, and to the extent that, it is not paya-

  9  ble annually and contributions on account of  such  interest  were  made

 10  thereto.

 11    9.  The  provisions  of  section 15 of this article shall not apply to

 12  sinking funds created pursuant to this section.

 13    10. When state obligations are sold at a discount or premium, the debt

 14  incurred for purposes of  determining  the  amount  of  debt  issued  or

 15  outstanding  pursuant to a voter approved bond referendum or other limi-

 16  tation on the amount of debt that may be issued  or  outstanding  for  a

 17  capital  work  or  purpose shall be deemed to include only the amount of

 18  money actually received by the state notwithstanding the face amount  of

 19  such obligations.

 20    §  3. Resolved (if the        concur), That section 16 of article 7 of

 21  the constitution be amended to read as follows:

 22    § 16. The legislature shall annually provide by appropriation for  the

 23  payment  of the interest upon and installments of principal of all debts

 24  or  refunding  debts  created  on  behalf  of  the  state  except  those

 25  contracted  under section 9 of this article, as the same shall fall due,

 26  and for the contribution to all of the sinking funds created by law,  of

 27  the  amounts  annually to be contributed under the provisions of section

 28  12, 13 or 15 of this article, and related payments.   If With  respect

                                         9                         89163-03-0

  1  to  debt  contracted  pursuant  to  subdivision  2 of section 11 of this

  2  article, if at any time the legislature shall  fail  to  make  any  such

  3  appropriation,  the  comptroller shall set apart from the first revenues

  4  thereafter  received, applicable to the general fund of the state, a sum

  5  sufficient  to  pay  such  interest,  installments  of   principal,   or

  6  contributions to such sinking fund, or related payments, as the case may

  7  be,  and  shall so apply the moneys thus set apart. With respect to debt

  8  contracted pursuant to subdivision 3 of section 11 of this  article,  if

  9  at  any  time the legislature shall fail to make any such appropriation,

 10  the comptroller shall set apart from the  first  revenues  received  and

 11  pledged  to  such  payments,  a  sum  sufficient  to  pay such interest,

 12  installments of principal, or contributions to  such  sinking  fund,  or

 13  related payments, as the case may be, and shall so apply the moneys thus

 14  set  apart,  provided  however  that such revenues must be set aside and

 15  applied in a manner which ensures that pledged revenues are applied only

 16  to payments on debt for which such revenues  were  pledged  pursuant  to

 17  subdivision  3  of  section  11  of this article. The comptroller may be

 18  required to set aside and apply such revenues as aforesaid, at the  suit

 19  of any holder of such bonds.

 20    Notwithstanding   the   foregoing  provisions  of  this  section,  the

 21  comptroller may covenant with the purchasers of  any  state  obligations

 22  that  they shall have no further rights against the state for payment of

 23  such obligations or any interest thereon  after  an  amount  or  amounts

 24  determined  in  accordance  with  the  provisions  of  such  covenant is

 25  deposited in a described fund or with a named  or  described  agency  or

 26  trustee.  In  such  case, this section shall have no further application

 27  with respect to payment of such  obligations  or  any  interest  thereon

                                        10                         89163-03-0

  1  after  the  comptroller  has  complied with the prescribed conditions of

  2  such covenant.

  3    §  4. Resolved (if the        concur), That the foregoing amendment be

  4  referred to the first regular legislative session  convening  after  the

  5  next  succeeding  general  election  of members of the assembly, and, in

  6  conformity with  section  1  of  article  19  of  the  constitution,  be

  7  published for 3 months previous to the time of such election.