2005 Legislation
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HOUSE BILL NO. 350 – School dist bonds, refunding

HOUSE BILL NO. 350

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Bill Status



H0350......................................................by STATE AFFAIRS
SCHOOL DISTRICT BONDS - Amends existing law to revise procedures for
advance refunding of school district bonds; to provide refunding bonds
shall be authorized by a resolution of the board of trustees of a school
district fixing the date, denominations, rate of interest, the maturity
dates, the last of which shall not exceed the term of the outstanding bonds
to be refunded.
                                                                        
03/15    House intro - 1st rdg - to printing
03/16    Rpt prt - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Eskridge, Harwood
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
03/22    Senate intro - 1st rdg - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bunderson
    Title apvd - to House
03/31    To enrol - Rpt enrol - Sp signed
04/01    Pres signed
04/04    To Governor
04/14    Governor signed
         Session Law Chapter 392
         Effective: 04/14/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 350
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SCHOOL BONDS; AMENDING SECTION 33-1121, IDAHO CODE, TO  PROVIDE  A
  3        TECHNICAL  CORRECTION  AND  TO  REVISE PROCEDURES FOR ADVANCE REFUNDING OF
  4        SCHOOL DISTRICT BONDS; AMENDING SECTION 33-1123, IDAHO  CODE,  TO  PROVIDE
  5        THAT  REFUNDING  BONDS SHALL BE AUTHORIZED BY A RESOLUTION OF THE BOARD OF
  6        TRUSTEES OF A SCHOOL DISTRICT FIXING  THE  DATE,  DENOMINATIONS,  RATE  OF
  7        INTEREST,  THE MATURITY DATES, THE LAST OF WHICH SHALL NOT EXCEED THE TERM
  8        OF THE OUTSTANDING BONDS TO BE REFUNDED; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 33-1121, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        33-1121.  ADVANCE  REFUNDING  BONDS. Whenever any school district has out-
 13    standing bonds which may be called and redeemed prior to their maturities, the
 14    board of trustees of any such district may issue refunding bonds in advance of
 15    the date of calling and redeeming such outstanding bonds for  the  purpose  of
 16    redeeming the same, without submitting the question of issuing refunding bonds
 17    to  the  electors of the district, when the net interest cost of the refunding
 18    bonds shall not exceed the net interest cost of the bonds to be refunded.
 19        "Net interest cost" of a proposed issue of refunding bonds is  defined  as
 20    the total amount of interest to accrue on said refunding bonds from their date
 21    to  their  respective maturities, plus the total amount of premiums payable to
 22    the holders of said outstanding bonds as a condition to their redemption, less
 23    the amount of any premium above their par value at which said refunding  bonds
 24    are  being  or have been sold. "Net interest cost" of an outstanding issue, or
 25    issues, to be refunded is defined as the total amount of interest which  would
 26    accrue on said outstanding bonds from the date of the proposed refunding bonds
 27    to  the respective maturity dates of said outstanding bonds to be refunded. In
 28    all cases the net interest cost shall be computed without regard to any option
 29    of redemption prior to the designated maturities.
 30        Two (2) or more issues of outstanding bonds may be refunded  by  a  single
 31    issue  of  refunding  bonds only if the taxable property, upon which taxes are
 32    levied to pay the interest and principal payments of the outstanding bonds, is
 33    identical as to each issue proposed to  be  refunded  by  a  single  issue  of
 34    refunding bonds.
 35        Refunding  bonds shall be issued in a total amount equal to, or less than,
 36    the total amount of the outstanding bonds to be refunded, provided,  that  all
 37    of  the  outstanding  bonds  of  any  issue, or issues, are or will thereby be
 38    refunded.
 39        In all other respects, the issuance of advance refunding  bonds  shall  be
 40    governed  by and subject to the limitations described in section 57-504, Idaho
 41    Code.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 33-1123, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        33-1123.  AUTHORIZATION.  Refunding bonds shall be authorized by a resolu-
  4    tion of the board of trustees fixing the date, denominations, rate  of  inter-
  5    est,  the  maturity  dates,  the  last of which shall not be more than fifteen
  6    years from the date of said refunding bonds exceed the term of the outstanding
  7    bonds to be refunded, and place or places of payment, within  or  without  the
  8    state of Idaho. The resolution shall also provide for an annual levy, upon all
  9    the  property which could be levied upon to retire the outstanding bonds to be
 10    refunded, of a tax sufficient to  pay  the  interest  and  principal  payments
 11    according  to  the plan of amortization, and shall further provide for notice,
 12    or notices, of redemption of the outstanding bonds at the time and in the man-
 13    ner and form prescribed by law.
                                                                        
 14        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 15    declared to exist, this act shall be in full force and effect on and after its
 16    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15156

     This legislation corrects an inconsistency between Section
33-1121, Idaho Code, and Section 57-504, Idaho Code, and makes it
clear that school districts can refund all or any portion of an
outstanding issue of bonds.

     Additionally, the legislation corrects an inconsistency
between Section 33-1107, Idaho Code, and Section 33-1123, Idaho
Code, and clarifies that school districts can issue refunding
bonds for a term equal to the term of the outstanding bonds to be
refunded.

     Currently, several school districts have bonds that were
issued in 2001 that could be refunded at a savings.  If the
districts must wait until 2006 to comply with Section 33-1123 as
it now reads, and interest rates go up dramatically, the
opportunity for savings will be lost.


                          FISCAL NOTE

     There is no fiscal impact to the State general fund or any
other state funds.  RS 15156 provides school districts with more
flexibility to refinance outstanding debt to achieve savings.


Contact
Name:  Representative Mark Snodgrass 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                     H 350