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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
SJR106|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 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