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H0658...........................................................by BUSINESS HEALTH FACILITIES AUTHORITY - Amends existing law to provide for designation of a trustee within or without the state of Idaho for bonds or trust agreements issued by the Idaho Health Facilities Authority. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Bus 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 59-0-11 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kendell, Kunz, Lake, Linford, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Crow, Cuddy, Geddes, Hammond, Jones, Kempton, Loertscher, Mader, McKague, Stone, Mr Speaker Floor Sponsor - Black Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Com/HuRes 03/17 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 30-4-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS--Cameron, Hawkins, Parry, Whitworth Absent and excused--McLaughlin Floor Sponsor - Davis Title apvd - to House 03/24 To enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed 03/29 To Governor 03/30 Governor signed Session Law Chapter 125 Effective: 07/01/00
H0658|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 658 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO BONDS OR TRUST AGREEMENTS OF THE IDAHO HEALTH FACILITIES AUTHOR- 3 ITY; AMENDING SECTION 39-1449, IDAHO CODE, TO PROVIDE FOR DESIGNATION OF A 4 TRUSTEE WITHIN OR WITHOUT THE STATE OF IDAHO AND TO MAKE TECHNICAL CORREC- 5 TIONS; AND AMENDING SECTION 39-1450D, IDAHO CODE, TO PROVIDE FOR DESIGNA- 6 TION OF A TRUSTEE WITHIN OR WITHOUT THE STATE OF IDAHO AND TO MAKE A TECH- 7 NICAL CORRECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 39-1449, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-1449. BONDS. (a) The authority is authorized from time to time to 12 issue its bonds in such principal amount as the authority shall determine for 13 the purpose of financing all or a part of the cost of any facilities autho- 14 rized hereby or for the refinancing of outstanding obligations. In anticipa- 15 tion of the sale of such bonds, the authority may issue bond anticipation 16 notes and may renew the same from time to time. Such notes shall be paid from 17 any revenues of the authority or other moneys available therefor and not 18 otherwise pledged, or from the proceeds of sale of the bonds of the authority 19 in anticipation of which they were issued. The notes shall be issued in the 20 same manner as bonds. Such notes and the resolution or resolutions authorizing 21 the same may contain any provisions, conditions or limitations which a bond 22 resolution of the authority may contain. 23 (b) The bonds may be issued as serial bonds or as term bonds or a combi- 24 nation of both types. All bonds issued by the authority shall be payable 25 solely out of the revenues and receipts derived from the leasing, mortgaging 26 or sale by the authority of the facilities concerned or of any part thereof as 27 may be designated in the resolutions of the authority under which the bonds 28 shall be authorized to be issued or as may be designated in a trust indenture 29 authorized by the authority, which such trust indenture shall name a bank or 30 trust companyinwithin or without the state of Idaho as trustee or from other 31 moneys available therefor and not otherwise pledged. Such bonds may be exe- 32 cuted and delivered by the authority at any time and from time to time, may be 33 in such form and denominations and of such terms and maturities, may be in 34 fully registered form or in bearer form registerable either as to principal or 35 interest or both, may bear such conversion privileges and be payable in such 36 instalments and at such time or times not exceeding forty (40) years from the 37 date thereof, may be payable at such place or places whether within or without 38 the state of Idaho, may bear interest at such rate or rates per annum as shall 39 be determined by the authority and without regard to any interest rate limita- 40 tion appearing in any other law, payable at such time or times and at such 41 place or places and evidenced in such manner, may be executed by such officers 42 of the authority, either manually or by facsimile, and coupon bonds shall have 43 attached thereto interest coupons bearing the facsimile signature of an autho- 2 1 rized officer of the authority and may contain such provisions not inconsis- 2 tent herewith, all as shall be provided in the resolutions of the authority 3 whereunder the bonds shall be authorized to be issued or as shall be provided 4 in a trust indenture authorized by the authority. Notwithstanding any provi- 5 sion of this section to the contrary, in the case of obligations maturing not 6 later than one (1) year from the date of issuance thereof, the authority may 7 authorize the executive director, associate executive director or any officer 8 of the authority to fix principal amounts, maturity dates, interest rates, and 9 purchase prices of any particular issue of such short-term obligations, sub- 10 ject to such limitations as to maximum term, maximum principal amount out- 11 standing, and maximum interest rates as the authority shall prescribe by reso- 12 lution. Any such authorization shall remain effective for the period of time 13 designated in the resolution, regardless of whether the composition of the 14 authority changes in the interim. 15 (c) If deemed advisable by the authority there may be retained in the 16 resolutions or the trust indenture under which any bonds of the authority are 17 authorized to be issued an option to redeem all or any part thereof as may be 18 specified in such resolutions or in such trust indenture, at such price or 19 prices and after such notice or notices and on such terms and conditions as 20 may be set forth in such resolutions or in such trust indenture, and as may be 21 briefly recited on the face of the bonds, but nothing herein contained shall 22 be construed to confer on the authority the right or option to redeem any 23 bonds except as may be provided in the resolutions or in such trust indenture 24 under which they shall be issued. 25 (d) The bonds or notes of the authority may be sold at public or private 26 sale for such price or prices and in such manner and from time to time as may 27 be determined by the authority, and the authority may pay all expenses, pre- 28 miums and commissions which it may deem necessary or advantageous in connec- 29 tion with the issuance thereof. The power to fix the date of sale of bonds and 30 notes, to receive bids or proposals, to award and sell bonds and notes, and to 31 take all other necessary action to sell and deliver bonds and notes may be 32 delegated to the executive director of the authority by resolution of the 33 authority. Pending preparation of the definitive bonds, the authority may 34 issue interim receipts or certificates which shall be exchanged for such 35 definitive bonds. 36 (e) Issuance by the authority of one (1) or more series of bonds for one 37 (1) or more purposes shall not preclude it from issuing other bonds in connec- 38 tion with the same facilities or any other facilities or any other purpose 39 hereunder, but the resolutions or trust indenture whereunder any subsequent 40 bonds may be issued shall recognize and protect any prior pledge or mortgage 41 made for any prior issue of bonds. Any bonds of the authority at any time out- 42 standing may at any time and from time to time be refunded by the authority by 43 the issuance of its bonds for such purpose in such amount as the authority may 44 deem necessary and, if deemed advisable by the authority, for the additional 45 purpose of paying all or any part of the cost of constructing and acquiring 46 additions, improvements, extensions or enlargements of a facility or any por- 47 tion thereof. 48 Any such refunding may be effected whether the bonds to be refunded shall 49 have then matured or shall thereafter mature, either by sale of the refunding 50 bonds and the application of the proceeds thereof for the payment of the bonds 51 to be refunded thereby, or by the exchange of the refunding bonds for the 52 bonds to be refunded thereby with the consent of the holders of the bonds so 53 to be refunded, and regardless of whether or not the bonds to be refunded were 54 issued in connection with the same facilities or separate facilities or for 55 any other purpose hereunder, and regardless of whether or not the bonds pro- 3 1 posed to be refunded shall be payable on the same date or different dates or 2 shall be due serially or otherwise. The proceeds of any such bonds issued for 3 the purpose of refunding outstanding bonds may, in the discretion of the 4 authority, be applied to the purchase or retirement at maturity or redemption 5 of such outstanding bonds either on their earliest or any subsequent redemp- 6 tion date or upon the purchase or at the maturity thereof and may, pending 7 such application, be placed in escrow to be applied to such purchase or 8 retirement at maturity or redemption on such date as may be determined by the 9 authority. Any such escrowed proceeds, pending such use, may be invested and 10 reinvested in obligations determined by the authority. The interest, income 11 and profits, if any, earned or realized on any such investment may also be 12 applied to the payment of the outstanding bonds or notes to be so refunded, to 13 the payment of principal or interest on the refunding bonds or may be used by 14 the authority in any lawful manner. After the terms of the escrow have been 15 fully satisfied and carried out, any balance of such proceeds and interest, 16 income and profits, if any, earned or realized on the investments thereof may 17 be returned to the authority for use by it in any lawful manner. The portion 18 of the proceeds of any such bonds issued for the additional purpose of paying 19 all or any part of the cost of constructing and acquiring additions, improve- 20 ments, extensions or enlargements of a facility may be invested and reinvested 21 in obligations determined by the authority. The interest, income and profits, 22 if any, earned or realized on such investment may be applied to the payment of 23 all or any part of such cost or may be used by the authority in any lawful 24 manner. All such bonds shall be subject to the provisions of this act in the 25 same manner and to the same extent as other bonds issued pursuant to this act. 26 All bonds and the interest coupons applicable thereto are hereby made and 27 shall be construed to be negotiable instruments within the meaning of and for 28 all the purposes of article 8, uniform commercial code, subject only to the 29 provisions of such bonds, notes or other obligations for registration. 30 SECTION 2. That Section 39-1450D, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 39-1450D. TRUST AGREEMENT TO SECURE BONDS. In the discretion of the 33 authority any bonds issued under this act may be secured by a trust agreement 34 by and between the authority and a corporate trustee or trustees, which may be 35 any trust company or bank having the powers of a trust companyinwithin or 36 without the state of Idaho. Such trust agreement or the resolution providing 37 for the issuance of such bonds may pledge or assign the revenues to be 38 received or proceeds of any contract or contracts pledged and may convey or 39 mortgage the project or any portion thereof. Such trust agreement or resolu- 40 tion providing for thetheissuance of such bonds may contain such provisions 41 for protecting and enforcing the rights and remedies of the bondholders as may 42 be reasonable and proper, and not in violation of law, including particularly 43 such provisions as have been specifically authorized to be included in any 44 resolution or resolutions of the authority authorizing bonds thereof. Any bank 45 or trust company incorporated under the laws of this state, which may act as 46 depository of the proceeds of bonds or of revenues or other moneys, may fur- 47 nish such indemnifying bonds or pledge such securities as may be required by 48 the authority. Any such trust agreement may set forth the rights and remedies 49 of the bondholders and of the trustee or trustees, and may restrict the indi- 50 vidual right of action by bondholders. In addition, any such trust agreement 51 or resolution may contain such other provisions as the authority may deem rea- 52 sonable and proper for the security of the bondholders. All expenses incurred 53 in carrying out such trust agreement or resolution may be treated as a part of 4 1 the cost of the operation of a facility.
STATEMENT OF PURPOSE RS 10106 This legislation makes trustee requirements for the Idaho Health Facilities Authority similar to other statutes concerning trustee requirements applicable to certain state and local bond issuers. The legislation authorizes the Idaho Health Facilities Authority to utilize trustees inside and outside the state of Idaho to insure that the Idaho Health Facilities Authority obtains the most competitive trustee services available in the rapidly evolving finance marketplace. FISCAL IMPACT No fiscal impact. Contact: Rep. Max Black 332-1000 Phil Barber 371-8484 Neil P. Moss 342-8772 Idaho Facilities Authorities STATEMENT OF PURPOSE/FISCAL NOTE H 658