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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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