2000 Legislation
Print Friendly

SENATE JOINT RESOLUTION NO. 105 – Bond bank authority/state/establish

SENATE JOINT RESOLUTION NO. 105

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


 SJR105
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


     
                           
                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