2002 Legislation
Print Friendly

HOUSE BILL NO. 668 – School dist, debt guarantee amt

HOUSE BILL NO. 668

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



H0668......................................................by STATE AFFAIRS
SCHOOL BOND GUARANTY ACT - Amends existing law to provide that the amount
of debt guaranteed by the credit enhancement program will not be greater
than two times the amount made available by the fund.
                                                                        
02/22    House intro - 1st rdg - to printing
02/25    Rpt prt - to St Aff
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 63-0-7
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest,
      Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz,
      Lake, Langford, Martinez, McKague, Meyer, Mortensen, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Gagner, Loertscher, Mader, Montgomery, Moyle,
      Roberts, Smith(23)
    Floor Sponsor - Deal
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sandy
    Title apvd - to House
03/15    To enrol
    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/20    Governor signed
         Session Law Chapter 147
         Effective: 03/20/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 668
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO SCHOOL BOND GUARANTY ACT; AMENDING SECTION 57-728, IDAHO
  3        CODE, TO PROVIDE THAT THE AMOUNT OF DEBT GUARANTEED BY THE CREDIT ENHANCE-
  4        MENT PROGRAM WILL NOT BE GREATER THAN TWO TIMES THE AMOUNT MADE  AVAILABLE
  5        BY THE FUND; AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  57-728, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        57-728.  CREDIT ENHANCEMENT PROGRAM FOR SCHOOL  DISTRICT  BONDS.  (1)  The
 10    endowment fund investment board shall administer a school district bond credit
 11    enhancement  program  in  accordance with this section and in conjunction with
 12    chapter 53, title 33, Idaho Code, and may promulgate rules  to  implement  it.
 13    This  program  applies to voter approved bonds issued by school districts. The
 14    program is intended to benefit school districts by purchasing notes issued  by
 15    the state of Idaho, whereby the state may guarantee payment of school district
 16    bonded  indebtedness  in  order  to avoid an imminent default, providing lower
 17    interest rates at which the bonds may be issued.
 18        (2)  A school district that seeks the guarantee of bonds under  this  pro-
 19    gram  shall  apply  to  the state treasurer pursuant to section 33-5304, Idaho
 20    Code. The state treasurer shall transmit  all  approved  applications  to  the
 21    board.  The board may challenge an approved application within three (3) busi-
 22    ness days of their receipt of the same. If no challenge is issued within three
 23    (3) business days the application shall be deemed approved by  the  board.  In
 24    the  event of a challenge in writing to the state treasurer, the treasurer and
 25    the board shall have ten (10) business days to mutually approve  the  applica-
 26    tion.  If  after  a  challenge  by  the board, the application is not mutually
 27    approved within the ten (10) business days, the application  shall  be  deemed
 28    rejected.  Nothing  contained  herein  shall  prohibit  a school district from
 29    reapplying following a rejected application.
 30        (3)  Upon approval of the credit enhancement program under  this  section,
 31    the  following  shall  be  in  effect  in  the event moneys from the sales tax
 32    account or from the provisions of section 33-5309, Idaho  Code,  are  insuffi-
 33    cient  to  pay  the principal of and interest on the notes issued by the state
 34    pursuant to section 33-5308, Idaho Code, the endowment fund shall purchase new
 35    notes from the state, in accordance with section 33-5308, Idaho Code, the pro-
 36    ceeds of which shall be sufficient to pay the principal of and the interest on
 37    the original notes as they become due pursuant to section 33-5308, Idaho Code.
 38    The new notes shall be subject to the following terms and conditions:
 39        (a)  The notes shall bear interest at a rate equal to an annual  rate  ten
 40        percent  (10%)  higher than the average interest earned on the investments
 41        of the public school permanent endowment fund in  the  four  (4)  calendar
 42        quarters preceding the quarter in which the loan occurred and if this fig-
 43        ure  is  not equal to the percentage return of the fund's highest category
                                                                        
                                           2
                                                                        
  1        of investments in its portfolio, then the interest rate shall  equal  that
  2        percentage  return on investment, plus all additional administrative costs
  3        related to these investments;
  4        (b)  The notes, including principal and interest, shall be repaid from the
  5        district's next payments pursuant to chapter 8, title 33, Idaho  Code,  as
  6        collected by the state treasurer;
  7        (c)  The state may make additional payments on the note;
  8        (d)  The  endowment  fund investment board may require the state treasurer
  9        to compel the school district to modify its fiscal practices and its  gen-
 10        eral  operations if the board determines that there is a substantial like-
 11        lihood that the district will not be able to make future payments required
 12        under this section.
 13        (4)  The provisions of this section shall not be deemed to interfere  with
 14    the  state  treasurer's ability in chapter 53, title 33, Idaho Code, to obtain
 15    repayment of a delinquent obligation.
 16        (5)  For purposes of administering the provisions  of  this  section,  the
 17    board  shall  make  available  the sum of at least one hundred million dollars
 18    ($100,000,000) from the public school permanent endowment fund,  for  purposes
 19    of  purchasing notes as authorized by this section. The amount of debt guaran-
 20    teed by the credit enhancement program shall not be greater than two (2) times
 21    the amount made available by the public school permanent endowment fund.
                                                                        
 22        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 23    declared to exist, this act shall be in full force and effect on and after its
 24    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 12040C2

To clarify limits used in guaranteeing local bond ratings and to
give bond rating agencies clarification as to the State of
Idaho's intent.

                          FISCAL IMPACT

None

Contact
Name: Rep. Bill Deal 
Phone: 208/332-1000
Rep. John Sandy
Phone: 208 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                H 668