View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
SJR105.....................................................by STATE AFFAIRS BOND BANK AUTHORITY - Proposes an amendment to the Constitution of the State of Idaho to authorize the Legislature to enact laws authorizing the state to establish a bond bank authority to purchase the bonds, notes or other obligations of a municipality issued or undertaken for any purpose authorized by law and to lend money to a municipality with such loans to be secured by bonds, notes or other obligations of the municipality issued or undertaken for any purpose authorized by law. 03/07 Senate intro - 1st rdg - to printing 03/08 Rpt prt - to St Aff
SJR105|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE JOINT RESOLUTION NO. 105 BY STATE AFFAIRS COMMITTEE 1 A JOINT RESOLUTION 2 PROPOSING AN AMENDMENT TO ARTICLE VIII, OF THE CONSTITUTION OF THE STATE OF 3 IDAHO, RELATING TO PUBLIC INDEBTEDNESS AND SUBSIDIES BY THE ADDITION OF A 4 NEW SECTION 2A, ARTICLE VIII, TO AUTHORIZE THE LEGISLATURE TO ENACT LAWS 5 AUTHORIZING THE STATE TO ESTABLISH A BOND BANK AUTHORITY TO PURCHASE THE 6 BONDS, NOTES OR OTHER OBLIGATIONS OF A MUNICIPALITY ISSUED OR UNDERTAKEN 7 FOR ANY PURPOSE AUTHORIZED BY LAW AND TO LEND MONEY TO A MUNICIPALITY WITH 8 SUCH LOANS TO BE SECURED BY BONDS, NOTES OR OTHER OBLIGATIONS OF THE 9 MUNICIPALITY ISSUED OR UNDERTAKEN FOR ANY PURPOSE AUTHORIZED BY LAW, TO 10 AUTHORIZE THE AUTHORITY TO OBTAIN FUNDS TO PURCHASE MUNICIPAL BONDS, NOTES 11 OR OTHER OBLIGATIONS OR TO MAKE LOANS TO MUNICIPALITIES BY ISSUING REVENUE 12 BONDS, NOTES OR OTHER OBLIGATIONS PAYABLE FROM OR SECURED BY MUNICIPAL 13 BONDS, NOTES OR OTHER OBLIGATIONS, GUARANTEEING THE FULL FAITH AND CREDIT 14 OF THE STATE, SUBJECT TO ANY MAXIMUM AMOUNT OF GUARANTY ESTABLISHED BY 15 LAW, FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON REVENUE BONDS, NOTES OR 16 OTHER OBLIGATIONS ISSUED BY THE AUTHORITY, ISSUING GENERAL OBLIGATION 17 BONDS SECURED BY THE FULL FAITH AND CREDIT OF THE STATE, SUBJECT TO ANY 18 MAXIMUM AMOUNT OF GENERAL OBLIGATION BONDS AT ANY TIME OUTSTANDING AS 19 ESTABLISHED BY LAW, PLEDGING SPECIFIC FUNDS OR STATE REVENUES AS A SOURCE 20 OF PAYMENT OR SECURITY FOR BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY THE 21 AUTHORITY, ESTABLISHING DEBT SERVICE RESERVE OR OTHER RESERVE FUNDS, 22 ESTABLISHING A MORAL OBLIGATION OF THE STATE TO REPLENISH WITHDRAWALS FROM 23 RESERVE FUNDS TO PAY DEBT SERVICE ON BONDS, NOTES OR OTHER OBLIGATIONS 24 ISSUED BY THE AUTHORITY WITHOUT OBLIGATION OF THE STATE TO APPROPRIATE 25 FUNDS FOR SUCH REPLENISHMENT, ESTABLISHING A REVOLVING LOAN PROGRAM TO 26 PURCHASE MUNICIPAL BONDS, NOTES OR OTHER OBLIGATIONS OR TO LEND MONEY TO 27 MUNICIPALITIES, OBTAINING PRIVATE CREDIT ENHANCEMENT FOR BONDS, NOTES OR 28 OTHER OBLIGATIONS ISSUED BY THE AUTHORITY, INVESTING MONEYS HELD BY THE 29 AUTHORITY IN SUCH SECURITIES OR OBLIGATIONS AS ARE DESCRIBED IN THE INDEN- 30 TURE, TRUST AGREEMENT OR OTHER INSTRUMENT PROVIDING FOR THE AUTHORITY'S 31 ISSUANCE OF BONDS, NOTES OR OTHER OBLIGATIONS, INVESTING ANY OTHER MONEYS 32 HELD BY THE AUTHORITY IN SECURITIES OR OTHER OBLIGATIONS IN WHICH A 33 TRUSTEE MAY INVEST AS PROVIDED BY LAW, TAKING SUCH OTHER ACTIONS AND 34 ENTERING INTO SUCH CONTRACTS AND AGREEMENTS DETERMINED TO BE NECESSARY OR 35 APPROPRIATE TO ACCOMPLISH THE PURPOSE OF A BOND BANK AUTHORITY OR THE SEC- 36 TION, TO AUTHORIZE THE LEGISLATURE TO ENACT LAWS AUTHORIZING MUNICIPALI- 37 TIES, WITHOUT REGARD TO RESTRICTIONS OR OTHER LIMITATIONS IMPOSED BY STATE 38 LAW BUT SUBJECT TO CONSTITUTIONAL LIMITATIONS IMPOSED ON MUNICIPALITIES, 39 TO ISSUE BONDS, NOTES OR OTHER OBLIGATIONS FOR SALE TO OR AS SECURITY FOR 40 LOANS RECEIVED FROM THE AUTHORITY, TO LEVY AND COLLECT PROPERTY TAXES, 41 FEES, RATES, CHARGES AND OTHER ASSESSMENTS TO PAY OR SECURE THE BONDS, 42 NOTES OR OTHER OBLIGATIONS ISSUED BY THE MUNICIPALITY FOR SALE TO OR AS 43 SECURITY FOR LOANS RECEIVED FROM THE AUTHORITY, TO PLEDGE AND ASSIGN TO 44 THE AUTHORITY OR ITS DESIGNEE SUCH PROPERTY TAXES, FEES, RATES, CHARGES 45 AND OTHER ASSESSMENTS ALONG WITH THE RIGHTS TO ENFORCE THE COLLECTION AND 46 APPLICATION THEREOF, AS SECURITY FOR THE BONDS, NOTES OR OTHER OBLIGATIONS 2 1 ISSUED BY THE MUNICIPALITY FOR SALE TO OR AS SECURITY FOR LOANS RECEIVED 2 FROM THE AUTHORITY, TO TAKE SUCH OTHER ACTIONS AND ENTER INTO SUCH CON- 3 TRACTS AND AGREEMENTS AS IT MAY DETERMINE WITH THE AUTHORITY TO BE NECES- 4 SARY OR CONVENIENT TO ACCOMPLISH THE PURPOSE OF A BOND BANK AUTHORITY AND 5 THIS SECTION, TO PROVIDE THAT SECTION 1 AND SUBSECTION (1) OF SECTION 2 OF 6 ARTICLE VIII SHALL NOT BE A LIMITATION UPON THE AUTHORITY GRANTED BY THE 7 SECTION AND THAT ANY DEBT OR LIABILITY OF THE STATE ARISING FROM THE EXER- 8 CISE OF POWERS AUTHORIZED BY THE SECTION SHALL NOT BE DEEMED A DEBT OF THE 9 STATE, TO PROVIDE THAT THE PROVISIONS OF THE SECTION SHALL NOT BE CON- 10 STRUED TO REPEAL OR LIMIT ANY AUTHORITY OF A MUNICIPALITY UNDER SECTION 3 11 OR 4 OF ARTICLE VIII, OR OTHER AUTHORITY EXERCISABLE BY A MUNICIPALITY 12 UNDER THE CONSTITUTION AND LAWS OF IDAHO, INCLUDING ANY AUTHORITY TO ISSUE 13 GENERAL OBLIGATION BONDS, REVENUE BONDS OR TAX ANTICIPATION NOTES OR 14 UNDERTAKE OTHER FINANCIAL OBLIGATIONS AND TO DEFINE "MUNICIPALITY"; STAT- 15 ING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLA- 16 TIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE 17 SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY 18 LAW. 19 Be It Resolved by the Legislature of the State of Idaho: 20 SECTION 1. That Article VIII of the Constitution of the State of Idaho be 21 amended by the addition thereto of a NEW SECTION, to be known and designated 22 as Section 2A, Article VIII of the Constitution of the State of Idaho and to 23 read as follows: 24 SECTION 2A. MUNICIPAL BOND BANK AUTHORITY ESTABLISHED. (1) Not- 25 withstanding the provisions of subsection (1) of Section 2 of Article 26 VIII, the legislature may enact laws authorizing the state to estab- 27 lish a bond bank authority to purchase the bonds, notes or other 28 obligations of a municipality issued or undertaken for any purpose 29 authorized by law and to lend money to a municipality with such loans 30 to be secured by bonds, notes or other obligations of the municipal- 31 ity issued or undertaken as authorized by law. To obtain funds to 32 enable the authority to purchase municipal bonds, notes or other 33 obligations or to lend money to municipalities, the legislature may 34 authorize the authority to: 35 (a) Issue revenue bonds, notes or other obligations payable 36 from or secured by bonds, notes or other obligations of one or 37 more municipalities; 38 (b) Guaranty, for and in the name and on behalf of the state as 39 its agent and instrumentality, payment of principal and interest 40 on revenue bonds, notes or other obligations issued by the 41 authority, which guaranty shall be a full faith and credit obli- 42 gation of the state, subject to a maximum amount of guaranty at 43 any time in effect as established by law; 44 (c) Issue general obligation bonds, for and in the name and on 45 behalf of the state as its agent and instrumentality, which 46 bonds shall be secured by the full faith and credit of the 47 state, subject to any maximum amount of such general obligation 48 bonds at any time outstanding as established by law; 49 (d) Pledge or otherwise obligate, for and in the name and on 50 behalf of the state as its agent and instrumentality, specific 51 funds or revenues of the state, as a source of payment or secu- 52 rity for bonds, notes or other obligations issued by the author- 3 1 ity, with such priority over other uses of such funds or reve- 2 nues as the authority shall determine, in accordance with law, 3 to be necessary or appropriate, subject to any maximum amount of 4 such funds or revenues that may be pledged or obligated at any 5 time as established by law; 6 (e) Establish debt service reserve funds or other reserve 7 funds; 8 (f) Establish a moral obligation of the state to replenish any 9 withdrawals from reserve funds to pay debt service on bonds, 10 notes or other obligations issued by the authority, provided 11 that the legislature shall have no legal obligation to appropri- 12 ate funds for such replenishment; 13 (g) Establish a revolving loan program to purchase municipal 14 bonds, notes or other obligations or to lend money to municipal- 15 ities; 16 (h) Obtain private credit enhancement for bonds, notes or other 17 obligations issued by the authority; 18 (i) Invest moneys held by the authority, as proceeds or to pay 19 or secure bonds, notes or other obligations issued by the 20 authority, in such securities or obligations as are described in 21 the indenture, trust agreement or other instrument providing for 22 the issuance of the bonds, notes or other obligations; 23 (j) Invest any moneys held by the authority, in excess of funds 24 described in paragraph (i) of this subsection, in any securities 25 or other obligations in which a trustee may invest as provided 26 by law; 27 (k) Take any other actions and enter into such other contracts 28 and agreements as it may determine to be necessary or appropri- 29 ate to accomplish the purposes of a bond bank authority or this 30 section. 31 (2) To provide for the sale of municipal bonds, notes or other 32 obligations to the authority and for the issuance of municipal bonds, 33 notes or other obligations for purchase by the authority or as secu- 34 rity for loans from the authority, the legislature may enact laws 35 authorizing municipalities, in addition to any other powers munici- 36 palities may have, and without regard to the restrictions or require- 37 ments that might otherwise apply under the laws of this state, but 38 subject to the requirements of Section 3 of Article VIII, and any 39 other limitations imposed upon municipalities by the Constitution of 40 the state of Idaho, to: 41 (a) Issue bonds, notes or other obligations for sale to or as 42 security for loans received from the authority, with such inter- 43 est rate, maturity, redemption, security, remedies and other 44 terms as the municipality may agree with the authority; 45 (b) Levy and collect property taxes, fees, rates, charges and 46 other assessments to pay or secure the bonds, notes or other 47 obligations issued by the municipality for sale to or as secu- 48 rity for loans received from the authority; 49 (c) Pledge and assign to the authority or its designee such 50 property taxes, fees, rates, charges and other assessments, and 51 rights to enforce the collection and application thereof, to pay 52 or secure the bonds, notes or other obligations issued by the 53 municipality for sale to or as security for loans received from 54 the authority; 55 (d) Take any other actions and enter into such other contracts 4 1 and agreements as it may determine with the authority to be nec- 2 essary or convenient to accomplish the purpose of a bond bank 3 authority and this section. 4 (3) The provisions of Section 1 and subsection (1) of Section 2 5 of Article VIII shall not be construed as a limitation upon the 6 authority granted by this section and any debt or liability of the 7 state arising as a result of the exercise of powers authorized by 8 this section shall not be deemed a debt of the state for purposes of 9 Section 1 of Article VIII. The provisions of this section are supple- 10 mental to and shall not be construed as a repeal of or limitation 11 upon any authority of a municipality under Section 3 or 4 of Article 12 VIII, or any other authority lawfully exercisable by a municipality 13 under the Constitution and laws of this state, including, among 14 others, any authority to issue general obligation bonds, revenue 15 bonds or tax anticipation notes or to enter into contracts for or 16 undertake other financial obligations. 17 (4) For purposes of this section, "municipality" shall include 18 any county, city, municipal corporation, school district, irrigation 19 district, sewer district, water district, highway district or other 20 special purpose district or political subdivision of the state estab- 21 lished by law. 22 SECTION 2. The question to be submitted to the electors of the State of 23 Idaho at the next general election shall be as follows: 24 "Shall Article VIII, of the Constitution of the State of Idaho be amended 25 by the addition thereto of a new Section 2A, Article VIII, to provide as 26 follows: 27 (1) Notwithstanding the provisions of subsection (1) of Section 2 of 28 Article VIII, the Legislature may enact laws authorizing the state to estab- 29 lish a bond bank authority to purchase the bonds, notes or other obligations 30 of a municipality issued or undertaken for any purpose authorized by law and 31 to lend money to a municipality with such loans to be secured by bonds, notes 32 or other obligations of the municipality issued or undertaken as authorized by 33 law. To obtain funds to enable the authority to purchase municipal bonds, 34 notes or other obligations or to lend money to municipalities, the Legislature 35 may authorize the authority to: 36 (a) Issue revenue bonds, notes or other obligations payable from or 37 secured by bonds, notes or other obligations of one or more municipali- 38 ties; 39 (b) Guaranty, for and in the name and on behalf of the state as its agent 40 and instrumentality, payment of principal and interest on revenue bonds, 41 notes or other obligations issued by the authority, which guaranty shall 42 be a full faith and credit obligation of the state, subject to a maximum 43 amount of guaranty at any time in effect as established by law; 44 (c) Issue general obligation bonds, for and in the name and on behalf of 45 the state as its agent and instrumentality, which bonds shall be secured 46 by the full faith and credit of the state, subject to any maximum amount 47 of such general obligation bonds at any time outstanding as established by 48 law; 49 (d) Pledge or otherwise obligate, for and in the name and on behalf of 50 the state as its agent and instrumentality, specific funds or revenues of 51 the state, as a source of payment or security for bonds, notes or other 52 obligations issued by the authority, with such priority over other uses of 53 such funds or revenues as the authority shall determine, in accordance 54 with law, to be necessary or appropriate, subject to any maximum amount of 5 1 such funds or revenues that may be pledged or obligated at any time as 2 established by law; 3 (e) Establish debt service reserve funds or other reserve funds; 4 (f) Establish a moral obligation of the state to replenish any with- 5 drawals from reserve funds to pay debt service on bonds, notes or other 6 obligations issued by the authority, provided that the Legislature shall 7 have no legal obligation to appropriate funds for such replenishment; 8 (g) Establish a revolving loan program to purchase municipal bonds, notes 9 or other obligations or to lend money to municipalities; 10 (h) Obtain private credit enhancement for bonds, notes or other obliga- 11 tions issued by the authority; 12 (i) Invest moneys held by the authority, as proceeds or to pay or secure 13 bonds, notes or other obligations issued by the authority, in such securi- 14 ties or obligations as are described in the indenture, trust agreement or 15 other instrument providing for the issuance of the bonds, notes or other 16 obligations; 17 (j) Invest any moneys held by the authority, in excess of funds described 18 in paragraph (i) of this subsection, in any securities or other obliga- 19 tions in which a trustee may invest as provided by law; 20 (k) Take any other actions and enter into such other contracts and agree- 21 ments as it may determine to be necessary or appropriate to accomplish the 22 purposes of a bond bank authority or this section. 23 (2) To provide for the sale of municipal bonds, notes or other obliga- 24 tions to the authority and for the issuance of municipal bonds, notes or other 25 obligations for purchase by the authority or as security for loans from the 26 authority, the Legislature may enact laws authorizing municipalities, in addi- 27 tion to any other powers municipalities may have, and without regard to the 28 restrictions or requirements that might otherwise apply under the laws of this 29 state, but subject to the requirements of Section 3 of Article VIII, and any 30 other limitations imposed upon municipalities by the Constitution of the state 31 of Idaho, to: 32 (a) Issue bonds, notes or other obligations for sale to or as security 33 for loans received from the authority, with such interest rate, maturity, 34 redemption, security, remedies and other terms as the municipality may 35 agree with the authority; 36 (b) Levy and collect property taxes, fees, rates, charges and other 37 assessments to pay or secure the bonds, notes or other obligations issued 38 by the municipality for sale to or as security for loans received from the 39 authority; 40 (c) Pledge and assign to the authority or its designee such property 41 taxes, fees, rates, charges and other assessments, and rights to enforce 42 the collection and application thereof, to pay or secure the bonds, notes 43 or other obligations issued by the municipality for sale to or as security 44 for loans received from the authority; 45 (d) Take any other actions and enter into such other contracts and agree- 46 ments as it may determine with the authority to be necessary or convenient 47 to accomplish the purpose of a bond bank authority and this section. 48 (3) The provisions of Section 1 and subsection (1) of Section 2 of Arti- 49 cle VIII shall not be construed as a limitation upon the authority granted by 50 this section and any debt or liability of the state arising as a result of the 51 exercise of powers authorized by this section shall not be deemed a debt of 52 the state for purposes of Section 1 of Article VIII. The provisions of this 53 section are supplemental to and shall not be construed as a repeal of or limi- 54 tation upon any authority of a municipality under Section 3 or 4 of Article 55 VIII, or any other authority lawfully exercisable by a municipality under the 6 1 Constitution and laws of this state, including, among others, any authority to 2 issue general obligation bonds, revenue bonds or tax anticipation notes or to 3 enter into contracts for or undertake other financial obligations. 4 (4) For purposes of this section, "municipality" shall include any 5 county, city, municipal corporation, school district, irrigation district, 6 sewer district, water district, highway district or other special purpose dis- 7 trict or political subdivision of the state established by law?". 8 SECTION 3. The Legislative Council is directed to prepare the statements 9 required by Section 67-453, Idaho Code, and file the same. 10 SECTION 4. The Secretary of State is hereby directed to publish this pro- 11 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE RS 10257 This joint resolution proposes an amendment to Article VIII of the constitution of the State of Idaho by allowing the creation of a State of Idaho Bond Bank Authority. This will allow for municipalities through normal bonding practices to achieve economics of scale which will reduce costs to those paying the principal interest and other costs associated with payment of said bonds. Municipalities shall include any county, city, municipal corporation, school district, irrigation district, sewer district, water district, highway district or other special purpose district or political subdivision of the state established by law. FISCAL IMPACT No fiscal impact is anticipated at this time. Contact Name: John Sandy Phone: (208) 332-1305 STATEMENT OF PURPOSE/FISCAL NOTE SJR 105