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LR 3CA                                                                                   LR 3CA



                              ONE HUNDRED SECOND LEGISLATURE

                                       FIRST SESSION

                LEGISLATIVE RESOLUTION 3CA
                         PROPOSED CONSTITUTIONAL AMENDMENT


     Introduced by Fischer, 43.

     Read first time January 06, 2011

     Committee:

      Transportation and Telecommunications

 1                     THE MEMBERS OF THE ONE HUNDRED SECOND LEGISLATURE OF

 2   NEBRASKA, FIRST SESSION, RESOLVE THAT:

 3                     Section 1. At the general election in November 2012 the

 4   following proposed amendment to the Constitution of Nebraska shall be

 5   submitted to the electors of the State of Nebraska for approval or

 6   rejection:

 7                     To amend Article XIII, section 1:

 8                     XIII-1    The   state     may,    to   meet      casual    deficits,     or

 9   failures     in    the     revenue,   contract     debts     never    to    exceed   in   the

10   aggregate one hundred thousand dollars, and no greater indebtedness

11   shall   be   incurred       except    for   the    purpose    of     repelling    invasion,

12   suppressing        insurrection,      or    defending      the     state     in   war,    and

13   provision shall be made for the payment of the interest annually, as

14   it shall accrue, by a tax levied for the purpose, or from other

15   sources of revenue, which law providing for the payment of such

16   interest by such tax shall be irrepealable until such debt is paid,

17   except ; Provided, that (1) if the Legislature determines by a three-




                                                 -1-
LR 3CA                                                                                    LR 3CA


 1   fifths vote of the members elected thereto that (1) (a) the need for

 2   construction of highways in this state requires such action, it may

 3   authorize the issuance of bonds for such construction, and for the

 4   payment of the interest and the retirement of such bonds it may

 5   pledge   any    tolls   to   be    received    from      such     highways      or    it    may

 6   irrevocably pledge for the term of the bonds all or a part of any

 7   state revenue closely related to the use of such highways, such as

 8   motor vehicle fuel taxes or motor vehicle license fees, or state

9    sales and use tax revenue and (2) (b) the construction of water

10   retention      and   impoundment    structures      for     the      purposes    of    water

11   conservation and management will promote the general welfare of the

12   state,   it    may   authorize     the   issuance     of    revenue     bonds    for       such

13   construction, and for the payment of the interest and the retirement

14   of such bonds it may pledge all or any part of any state revenue

15   derived from the use of such structures; and provided further, that

16   and (2) the Board of Regents of the University of Nebraska, the Board

17   of Trustees of the Nebraska State Colleges, and the State Board of

18   Education      may   issue   revenue      bonds     to     construct,     purchase,          or

19   otherwise acquire, extend, add to, remodel, repair, furnish, and

20   equip    dormitories,    residence       halls,   single        or   multiple        dwelling

21   units, or other facilities for the housing and boarding of students,

22   single or married, and faculty or other employees, buildings and

23   structures for athletic purposes, student unions or centers, and for

24   the medical care and physical development and activities of students,

25   and buildings or other facilities for parking, which bonds shall be




                                              -2-
LR 3CA                                                                         LR 3CA



 1   payable solely out of revenue, fees, and other payments derived from

 2   the use of the buildings and facilities constructed or acquired,

 3   including   buildings       and   facilities     heretofore      or     hereafter

 4   constructed or acquired, and paid for out of the proceeds of other

 5   issues of revenue bonds, and the revenue, fees, and payments so

 6   pledged need not be appropriated by the Legislature, and any such

 7   revenue bonds heretofore issued by either of such boards are hereby

 8   authorized, ratified, and validated. Bonds for new construction shall

 9   be first approved as the Legislature shall provide.

10               Sec. 2. The proposed amendment shall be submitted to the

11   electors in the manner prescribed by the Constitution of Nebraska,

12   Article XVI, section 1, with the following ballot language:

13               A constitutional amendment to authorize the Legislature

14   to   irrevocably   pledge    sales   and   use   tax   revenue    for     highway

15   construction bonds.

16               For

17               Against.




                                          -3-

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NEBRASKA LEGISLATIVE RESOLUTION 3CA

  • 1. LR 3CA LR 3CA ONE HUNDRED SECOND LEGISLATURE FIRST SESSION LEGISLATIVE RESOLUTION 3CA PROPOSED CONSTITUTIONAL AMENDMENT Introduced by Fischer, 43. Read first time January 06, 2011 Committee: Transportation and Telecommunications 1 THE MEMBERS OF THE ONE HUNDRED SECOND LEGISLATURE OF 2 NEBRASKA, FIRST SESSION, RESOLVE THAT: 3 Section 1. At the general election in November 2012 the 4 following proposed amendment to the Constitution of Nebraska shall be 5 submitted to the electors of the State of Nebraska for approval or 6 rejection: 7 To amend Article XIII, section 1: 8 XIII-1 The state may, to meet casual deficits, or 9 failures in the revenue, contract debts never to exceed in the 10 aggregate one hundred thousand dollars, and no greater indebtedness 11 shall be incurred except for the purpose of repelling invasion, 12 suppressing insurrection, or defending the state in war, and 13 provision shall be made for the payment of the interest annually, as 14 it shall accrue, by a tax levied for the purpose, or from other 15 sources of revenue, which law providing for the payment of such 16 interest by such tax shall be irrepealable until such debt is paid, 17 except ; Provided, that (1) if the Legislature determines by a three- -1-
  • 2. LR 3CA LR 3CA 1 fifths vote of the members elected thereto that (1) (a) the need for 2 construction of highways in this state requires such action, it may 3 authorize the issuance of bonds for such construction, and for the 4 payment of the interest and the retirement of such bonds it may 5 pledge any tolls to be received from such highways or it may 6 irrevocably pledge for the term of the bonds all or a part of any 7 state revenue closely related to the use of such highways, such as 8 motor vehicle fuel taxes or motor vehicle license fees, or state 9 sales and use tax revenue and (2) (b) the construction of water 10 retention and impoundment structures for the purposes of water 11 conservation and management will promote the general welfare of the 12 state, it may authorize the issuance of revenue bonds for such 13 construction, and for the payment of the interest and the retirement 14 of such bonds it may pledge all or any part of any state revenue 15 derived from the use of such structures; and provided further, that 16 and (2) the Board of Regents of the University of Nebraska, the Board 17 of Trustees of the Nebraska State Colleges, and the State Board of 18 Education may issue revenue bonds to construct, purchase, or 19 otherwise acquire, extend, add to, remodel, repair, furnish, and 20 equip dormitories, residence halls, single or multiple dwelling 21 units, or other facilities for the housing and boarding of students, 22 single or married, and faculty or other employees, buildings and 23 structures for athletic purposes, student unions or centers, and for 24 the medical care and physical development and activities of students, 25 and buildings or other facilities for parking, which bonds shall be -2-
  • 3. LR 3CA LR 3CA 1 payable solely out of revenue, fees, and other payments derived from 2 the use of the buildings and facilities constructed or acquired, 3 including buildings and facilities heretofore or hereafter 4 constructed or acquired, and paid for out of the proceeds of other 5 issues of revenue bonds, and the revenue, fees, and payments so 6 pledged need not be appropriated by the Legislature, and any such 7 revenue bonds heretofore issued by either of such boards are hereby 8 authorized, ratified, and validated. Bonds for new construction shall 9 be first approved as the Legislature shall provide. 10 Sec. 2. The proposed amendment shall be submitted to the 11 electors in the manner prescribed by the Constitution of Nebraska, 12 Article XVI, section 1, with the following ballot language: 13 A constitutional amendment to authorize the Legislature 14 to irrevocably pledge sales and use tax revenue for highway 15 construction bonds. 16 For 17 Against. -3-