2000 Legislation
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SENATE JOINT RESOLUTION NO. 106 – Bond bank authority/state/establish

SENATE JOINT RESOLUTION NO. 106

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Daily Data Tracking History



SJR106.....................................................by STATE AFFAIRS
BOND BANK AUTHORITY - Proposes an amendment to the Constitution of the
State of Idaho to authorize the state to establish a municipal bond bank to
purchase municipal bonds and lend money to municipalities.
                                                                        
03/13    Senate intro - 1st rdg - to printing
03/14    Rpt prt - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - FAILED - 20-15-0
      AYES--Andreason, Boatright, Danielson, Darrington, Davis, Deide,
      Dunklin, Geddes, Ingram, Keough, King-Barrutia, Noh, Parry,
      Richardson, Risch, Sandy, Sorensen, Stegner, Thorne, Wheeler
      NAYS--Branch, Bunderson, Burtenshaw, Cameron, Crow, Frasure, Hawkins,
      Ipsen, Lee, McLaughlin, Riggs, Schroeder, Stennett, Whitworth,
      Williams
      Absent and excused--None
    Floor Sponsor - Sandy
    Filed with Secretary of the Senate

Bill Text


 SJR106
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE JOINT RESOLUTION NO. 106
                                                                        
                                 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 FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON REVENUE BONDS,
 15        NOTES OR OTHER OBLIGATIONS ISSUED  BY  THE  AUTHORITY,  INCLUDING  PRIVATE
 16        CREDIT  ENHANCEMENT,  ISSUING GENERAL OBLIGATION BONDS SECURED BY THE FULL
 17        FAITH AND CREDIT OF THE STATE, PLEDGING SPECIFIC FUNDS OR  STATE  REVENUES
 18        AS  A  SOURCE OF PAYMENT OR SECURITY FOR BONDS, NOTES OR OTHER OBLIGATIONS
 19        ISSUED BY THE  AUTHORITY,  ESTABLISHING  DEBT  SERVICE  RESERVE  OR  OTHER
 20        RESERVE  FUNDS,  ESTABLISHING A MORAL OBLIGATION OF THE STATE TO REPLENISH
 21        WITHDRAWALS FROM RESERVE FUNDS TO PAY DEBT  SERVICE  ON  BONDS,  NOTES  OR
 22        OTHER  OBLIGATIONS ISSUED BY THE AUTHORITY WITHOUT OBLIGATION OF THE STATE
 23        TO APPROPRIATE FUNDS FOR SUCH REPLENISHMENT, ESTABLISHING A REVOLVING LOAN
 24        PROGRAM TO PURCHASE MUNICIPAL BONDS, NOTES OR OTHER OBLIGATIONS OR TO LEND
 25        MONEY TO MUNICIPALITIES, OBTAINING PRIVATE CREDIT ENHANCEMENT  FOR  BONDS,
 26        NOTES  OR OTHER OBLIGATIONS ISSUED BY THE AUTHORITY, INVESTING MONEYS HELD
 27        BY THE AUTHORITY IN SUCH SECURITIES OR OBLIGATIONS AS ARE DESCRIBED IN THE
 28        INDENTURE,  TRUST  AGREEMENT  OR  OTHER  INSTRUMENT  PROVIDING   FOR   THE
 29        AUTHORITY'S  ISSUANCE  OF BONDS, NOTES OR OTHER OBLIGATIONS, INVESTING ANY
 30        OTHER MONEYS HELD BY THE AUTHORITY IN SECURITIES OR OTHER  OBLIGATIONS  IN
 31        WHICH  A  TRUSTEE MAY INVEST AS PROVIDED BY LAW, TAKING SUCH OTHER ACTIONS
 32        AND ENTERING INTO SUCH CONTRACTS AND AGREEMENTS DETERMINED TO BE NECESSARY
 33        OR APPROPRIATE TO ACCOMPLISH THE PURPOSE OF A BOND BANK AUTHORITY  OR  THE
 34        SECTION, TO AUTHORIZE THE LEGISLATURE TO ENACT LAWS AUTHORIZING MUNICIPAL-
 35        ITIES,  WITHOUT  REGARD  TO  RESTRICTIONS  OR OTHER LIMITATIONS IMPOSED BY
 36        STATE LAW BUT SUBJECT TO CONSTITUTIONAL LIMITATIONS IMPOSED ON MUNICIPALI-
 37        TIES, TO ISSUE BONDS, NOTES OR OTHER OBLIGATIONS FOR SALE TO OR  AS  SECU-
 38        RITY  FOR  LOANS RECEIVED FROM THE AUTHORITY, TO LEVY AND COLLECT PROPERTY
 39        TAXES, FEES, RATES, CHARGES AND OTHER ASSESSMENTS TO  PAY  OR  SECURE  THE
 40        BONDS,  NOTES  OR OTHER OBLIGATIONS ISSUED BY THE MUNICIPALITY FOR SALE TO
 41        OR AS SECURITY FOR LOANS RECEIVED FROM THE AUTHORITY, TO PLEDGE AND ASSIGN
 42        TO THE AUTHORITY OR ITS DESIGNEE SUCH PROPERTY TAXES, FEES, RATES, CHARGES
 43        AND OTHER ASSESSMENTS ALONG WITH THE RIGHTS TO ENFORCE THE COLLECTION  AND
 44        APPLICATION THEREOF, AS SECURITY FOR THE BONDS, NOTES OR OTHER OBLIGATIONS
 45        ISSUED  BY  THE MUNICIPALITY FOR SALE TO OR AS SECURITY FOR LOANS RECEIVED
 46        FROM THE AUTHORITY, TO TAKE SUCH OTHER ACTIONS AND ENTER  INTO  SUCH  CON-
                                                                        
                                           2
                                                                        
  1        TRACTS  AND AGREEMENTS AS IT MAY DETERMINE WITH THE AUTHORITY TO BE NECES-
  2        SARY OR CONVENIENT TO ACCOMPLISH THE PURPOSE OF A BOND BANK AUTHORITY  AND
  3        THE  SECTION, TO PROVIDE THAT SECTION 1 AND SUBSECTION (1) OF SECTION 2 OF
  4        ARTICLE VIII SHALL NOT BE A LIMITATION UPON THE AUTHORITY GRANTED  BY  THE
  5        SECTION AND THAT ANY DEBT OR LIABILITY OF THE STATE ARISING FROM THE EXER-
  6        CISE OF POWERS AUTHORIZED BY THE SECTION SHALL NOT BE DEEMED A DEBT OF THE
  7        STATE  FOR PURPOSES OF SECTION 1 OF ARTICLE VIII, TO PROVIDE THAT THE PRO-
  8        VISIONS OF THE SECTION SHALL NOT BE  CONSTRUED  TO  REPEAL  OR  LIMIT  ANY
  9        AUTHORITY  OF  A  MUNICIPALITY    UNDER SECTION 3 OR 4 OF ARTICLE VIII, OR
 10        OTHER AUTHORITY EXERCISABLE BY A MUNICIPALITY UNDER THE  CONSTITUTION  AND
 11        LAWS  OF IDAHO, INCLUDING ANY AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS,
 12        REVENUE BONDS OR TAX ANTICIPATION NOTES OR UNDERTAKE OTHER FINANCIAL OBLI-
 13        GATIONS AND TO DEFINE "MUNICIPALITY"; STATING THE QUESTION TO BE SUBMITTED
 14        TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATE-
 15        MENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE
 16        AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 17    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Article VIII of the Constitution of the State of Idaho be
 19    amended by the addition thereto of a NEW SECTION, to be known  and  designated
 20    as  Section  2A, Article VIII of the Constitution of the State of Idaho and to
 21    read as follows:
                                                                        
 22             SECTION 2A.  MUNICIPAL BOND BANK AUTHORITY ESTABLISHED. (1) Not-
 23        withstanding the provisions of subsection (1) of Section 2 of Article
 24        VIII, the legislature may enact laws authorizing the state to  estab-
 25        lish  a  bond  bank  authority  to purchase the bonds, notes or other
 26        obligations of a municipality issued or undertaken  for  any  purpose
 27        authorized by law and to lend money to a municipality with such loans
 28        to  be secured by bonds, notes or other obligations of the municipal-
 29        ity issued or undertaken as authorized by law.  To  obtain  funds  to
 30        enable  the  authority  to  purchase  municipal bonds, notes or other
 31        obligations or to lend money to  municipalities, the legislature  may
 32        authorize the authority to:
 33             (a)  Issue  revenue  bonds,  notes  or other obligations payable
 34             from or secured by bonds, notes or other obligations of  one  or
 35             more municipalities;
 36             (b)  Guaranty, for and in the name and on behalf of the state as
 37             its agent and instrumentality, payment of principal and interest
 38             on  revenue  bonds,  notes  or  other  obligations issued by the
 39             authority, including private credit enhancement, which  guaranty
 40             shall be a full faith and credit obligation of the state;
 41             (c)  Issue  general obligation bonds, for and in the name and on
 42             behalf of the state as  its  agent  and  instrumentality,  which
 43             bonds  shall  be  secured  by  the  full faith and credit of the
 44             state;
 45             (d)  Pledge or otherwise obligate, for and in the  name  and  on
 46             behalf  of  the state as its agent and instrumentality, specific
 47             funds or revenues of the state, as a source of payment or  secu-
 48             rity for bonds, notes or other obligations issued by the author-
 49             ity,  with  such priority over other uses of such funds or reve-
 50             nues as the authority shall determine, in accordance  with  law,
 51             to be necessary or appropriate;
 52             (e)  Establish  debt  service  reserve  funds  or  other reserve
                                                                        
                                           3
                                                                        
  1             funds;
  2             (f)  Establish a moral obligation of the state to replenish  any
  3             withdrawals  from   reserve  funds to pay debt service on bonds,
  4             notes or other obligations issued  by  the  authority,  provided
  5             that the legislature shall have no legal obligation to appropri-
  6             ate funds for such replenishment;
  7             (g)  Establish  a  revolving  loan program to purchase municipal
  8             bonds, notes or other obligations or to lend money to municipal-
  9             ities;
 10             (h)  Obtain private credit enhancement for bonds, notes or other
 11             obligations issued by the authority;
 12             (i)  Invest moneys held by the authority, as proceeds or to  pay
 13             or  secure  bonds,  notes  or  other  obligations  issued by the
 14             authority, in such securities or obligations as are described in
 15             the indenture, trust agreement or other instrument providing for
 16             the issuance of the bonds, notes or other obligations;
 17             (j)  Invest any moneys held by the authority, in excess of funds
 18             described in paragraph (i) of this subsection, in any securities
 19             or other obligations in which a trustee may invest  as  provided
 20             by law;
 21             (k)  Take  any other actions and enter into such other contracts
 22             and agreements as it may determine to be necessary or  appropri-
 23             ate to accomplish the purposes of a bond bank authority or  this
 24             section.
 25             (2)  To  provide for the sale of municipal bonds, notes or other
 26        obligations to the authority and for the issuance of municipal bonds,
 27        notes or other obligations for purchase by the authority or as  secu-
 28        rity  for  loans  from  the authority, the legislature may enact laws
 29        authorizing municipalities, in addition to any other  powers  munici-
 30        palities may have, and without regard to the restrictions or require-
 31        ments  that  might  otherwise apply under the laws of this state, but
 32        subject to the requirements of Section 3 of  Article  VIII,  and  any
 33        other  limitations imposed upon municipalities by the Constitution of
 34        the State of Idaho, to:
 35             (a)  Issue bonds, notes or other obligations for sale to  or  as
 36             security for loans received from the authority, with such inter-
 37             est  rate,  maturity,  redemption,  security, remedies and other
 38             terms as the municipality may agree with the authority;
 39             (b)  Levy and collect property taxes, fees, rates,  charges  and
 40             other  assessments  to  pay  or secure the bonds, notes or other
 41             obligations issued by the municipality for sale to or  as  secu-
 42             rity for loans received from the authority;
 43             (c)  Pledge  and  assign  to  the authority or its designee such
 44             property taxes, fees, rates, charges and other assessments,  and
 45             rights to enforce the collection and application thereof, to pay
 46             or  secure  the  bonds, notes or other obligations issued by the
 47             municipality for sale to or as security for loans received  from
 48             the authority;
 49             (d)  Take  any other actions and enter into such other contracts
 50             and agreements as it may determine with the authority to be nec-
 51             essary or convenient to accomplish the purpose of  a  bond  bank
 52             authority and this section.
 53             (3)  The provisions of Section 1 and subsection (1) of Section 2
 54        of  Article  VIII  shall  not  be  construed as a limitation upon the
 55        authority granted by this section and any debt or  liability  of  the
                                                                        
                                           4
                                                                        
  1        state  arising  as  a  result of the exercise of powers authorized by
  2        this section shall not be deemed a debt of the state for purposes  of
  3        Section 1 of Article VIII. The provisions of this section are supple-
  4        mental  to  and  shall  not be construed as a repeal of or limitation
  5        upon any authority of a municipality under Section 3 or 4 of  Article
  6        VIII,  or  any other authority lawfully exercisable by a municipality
  7        under the Constitution and  laws  of  this  state,  including,  among
  8        others,  any  authority  to  issue  general obligation bonds, revenue
  9        bonds or tax anticipation notes or to enter  into  contracts  for  or
 10        undertake other financial obligations.
 11             (4)  For  purposes of this section, "municipality" shall include
 12        any county, city, municipal corporation, school district,  irrigation
 13        district,  sewer  district, water district, highway district or other
 14        special purpose district or political subdivision of the state estab-
 15        lished by law.
                                                                        
 16        SECTION 2.  The question to be submitted to the electors of the  State  of
 17    Idaho at the next general election shall be as follows:
 18        "Shall  Article VIII, of the Constitution of the State of Idaho be amended
 19    by the addition  of a new Section 2A, Article VIII, authorizing the  state  to
 20    enact  laws establishing a bond bank authority to purchase municipal bonds and
 21    make loans to  municipalities  secured  by  municipal  bonds;  permitting  the
 22    authority to borrow money, incur debt and provide for repayment thereof, with-
 23    out  an election, through issuance of revenue bonds payable from or secured by
 24    municipal bonds, guarantees of the full faith and credit of the state for  the
 25    payment  of  revenue bonds and other obligations of the authority, issuance of
 26    general obligation bonds secured by the full faith and credit  of  the  state,
 27    and  pledges of specific state funds or revenues, and to enter into other con-
 28    tracts and take other actions the authority  determines  to  be  necessary  or
 29    appropriate;  permitting the authority to invest funds in securities and other
 30    obligations in which a trustee may invest pursuant  to  law;  authorizing  the
 31    state  to  enact laws permitting municipalities to sell to the authority bonds
 32    issued in accordance with constitutional limitations and obtain loans from the
 33    authority secured by such bonds and to levy and collect property  taxes,  fees
 34    and  assessments  and  pledge  the  same to the authority to pay or secure the
 35    municipality's bonds; providing that any debt or liability of the state  aris-
 36    ing  from the authority's exercise of its powers shall not be subject to other
 37    constitutional limitations and requirements,  including  voter  approval;  and
 38    defining  "municipality" to include any county, city, school district, irriga-
 39    tion district or other special purpose district or  political  subdivision  of
 40    the state established by law?".
                                                                        
 41        SECTION  3.  The Legislative Council is directed to prepare the statements
 42    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 43        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 44    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                      RS #10284 
                           
          This joint resolution proposes an amendment to Article VIII of the
     constitution of the State of Idaho by allowing the Legislature to create a State of
     Idaho Bond Bank Authority. This will allow the 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 
     
          Positive fiscal impact to taxpayers by lowering interest rates and costs
     associated with municipal bonds including schools. Taxpayer savings in 1999
     would have been approximately $3,996,000. 
     
     
     Contact 
     
     Name:         John Sandy 
     Phone:        (208) 332-1305 
     
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE             SJR 106