2007 Legislation
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SENATE BILL NO. 1053 – School dist bonds, debt guarantee

SENATE BILL NO. 1053

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Bill Status



S1053......................................................by STATE AFFAIRS
SCHOOL DISTRICT BONDS - Amends existing law to provide that the amount of
debt guaranteed by the Credit Enhancement Program shall not be greater than
four times the amount made available by the Public School Permanent
Endowment Fund; to provide a maximum amount of school bonds that may be
guaranteed; to provide an exception; and to provide the maximum amount of
school district bonds that may be guaranteed when school districts
consolidate.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to St Aff
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner
    Floor Sponsor - Little
    Title apvd - to House
03/02    House intro - 1st rdg - to Educ
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Anderson, Clark, Henderson
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 89
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1053
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CREDIT GUARANTEES FOR SCHOOL DISTRICTS; AMENDING  SECTION  57-728,
  3        IDAHO  CODE,  TO  PROVIDE THAT THE AMOUNT OF DEBT GUARANTEED BY THE CREDIT
  4        ENHANCEMENT PROGRAM SHALL NOT BE GREATER THAN FOUR TIMES THE  AMOUNT  MADE
  5        AVAILABLE BY THE PUBLIC SCHOOL PERMANENT ENDOWMENT FUND; AND AMENDING SEC-
  6        TION  33-5303,  IDAHO CODE, TO PROVIDE A MAXIMUM AMOUNT OF SCHOOL DISTRICT
  7        BONDS THAT MAY BE GUARANTEED, TO PROVIDE AN EXCEPTION, TO PROVIDE THE MAX-
  8        IMUM AMOUNT OF SCHOOL DISTRICT BONDS THAT MAY BE  GUARANTEED  WHEN  SCHOOL
  9        DISTRICTS CONSOLIDATE AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  57-728, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        57-728.  CREDIT ENHANCEMENT PROGRAM FOR SCHOOL  DISTRICT  BONDS.  (1)  The
 14    endowment fund investment board shall administer a school district bond credit
 15    enhancement  program  in  accordance with this section and in conjunction with
 16    chapter 53, title 33, Idaho Code, and may promulgate rules  to  implement  it.
 17    This  program  applies to voter approved bonds issued by school districts. The
 18    program is intended to benefit school districts by purchasing notes issued  by
 19    the state of Idaho, whereby the state may guarantee payment of school district
 20    bonded  indebtedness  in  order  to avoid an imminent default, providing lower
 21    interest rates at which the bonds may be issued.
 22        (2)  A school district that seeks the guarantee of bonds under  this  pro-
 23    gram  shall  apply  to  the state treasurer pursuant to section 33-5304, Idaho
 24    Code. The state treasurer shall transmit  all  approved  applications  to  the
 25    board.  The board may challenge an approved application within three (3) busi-
 26    ness days of their receipt of the same. If no challenge is issued within three
 27    (3) business days the application shall be deemed approved by  the  board.  In
 28    the  event of a challenge in writing to the state treasurer, the treasurer and
 29    the board shall have ten (10) business days to mutually approve  the  applica-
 30    tion.  If  after  a  challenge  by  the board, the application is not mutually
 31    approved within the ten (10) business days, the application  shall  be  deemed
 32    rejected.  Nothing  contained  herein  shall  prohibit  a school district from
 33    reapplying following a rejected application.
 34        (3)  Upon approval of the credit enhancement program under  this  section,
 35    the  following  shall  be  in  effect  in  the event moneys from the sales tax
 36    account or from the provisions of section 33-5309, Idaho  Code,  are  insuffi-
 37    cient  to  pay  the principal of and interest on the notes issued by the state
 38    pursuant to section 33-5308, Idaho Code, the endowment fund shall purchase new
 39    notes from the state, in accordance with section 33-5308, Idaho Code, the pro-
 40    ceeds of which shall be sufficient to pay the principal of and the interest on
 41    the original notes as they become due pursuant to section 33-5308, Idaho Code.
 42    The new notes shall be subject to the following terms and conditions:
 43        (a)  The notes shall bear interest at a rate equal to an annual  rate  ten
                                                                        
                                       2
                                                                        
  1        percent  (10%)  higher than the average interest earned on the investments
  2        of the public school permanent endowment fund in  the  four  (4)  calendar
  3        quarters preceding the quarter in which the loan occurred and if this fig-
  4        ure  is  not equal to the percentage return of the fund's highest category
  5        of investments in its portfolio, then the interest rate shall  equal  that
  6        percentage  return on investment, plus all additional administrative costs
  7        related to these investments;
  8        (b)  The notes, including principal and interest, shall be repaid from the
  9        district's next payments pursuant to chapter 8, title 33, Idaho  Code,  as
 10        collected by the state treasurer;
 11        (c)  The state may make additional payments on the note;
 12        (d)  The  endowment  fund investment board may require the state treasurer
 13        to compel the school district to modify its fiscal practices and its  gen-
 14        eral  operations if the board determines that there is a substantial like-
 15        lihood that the district will not be able to make future payments required
 16        under this section.
 17        (4)  The provisions of this section shall not be deemed to interfere  with
 18    the  state  treasurer's ability in chapter 53, title 33, Idaho Code, to obtain
 19    repayment of a delinquent obligation.
 20        (5)  For purposes of administering the provisions  of  this  section,  the
 21    board  shall  make  available  the sum of at least two hundred million dollars
 22    ($200,000,000) from the public school permanent endowment fund,  for  purposes
 23    of  purchasing notes as authorized by this section. The amount of debt guaran-
 24    teed by the credit enhancement program shall not be greater  than  three  four
 25    (34)  times the amount made available by the public school permanent endowment
 26    fund.
                                                                        
 27        SECTION 2.  That Section 33-5303, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        33-5303.  STATE'S  GUARANTEE  -- MONITORING OF FINANCIAL SOLVENCY CONTRACT
 30    WITH BONDHOLDERS -- GUARANTEE -- LIMITATION AS TO CERTAIN REFUNDED BONDS.
 31        (1)  (a) The state of Idaho pledges to and agrees with the holders of  any
 32        bonds that the state will not alter, impair, or limit the rights vested by
 33        the  default  avoidance program with respect to the bonds until the bonds,
 34        together with applicable interest, are fully paid and discharged.
 35        (b)  Notwithstanding subsection (1)(a) of this section, nothing  contained
 36        in this chapter precludes an alteration, impairment, or limitation if ade-
 37        quate  provision  is  made by law for the protection of the holders of the
 38        bonds.
 39        (c)  Each school district may refer to this pledge and undertaking by  the
 40        state in its bonds.
 41        (2)  (a) The  sales  tax  of  the  state  is pledged to guarantee full and
 42        timely payment of the principal of, (either at the stated maturity  or  by
 43        any advancement of maturity pursuant to a mandatory sinking fund payment),
 44        and  interest  on,  refunding bonds issued on and after March 1, 1999, for
 45        voter approved bonds which were voted on by the electorate prior to  March
 46        1, 1999, and voter approved bonds which were voted on by the electorate on
 47        and  after  March 1, 1999, as such payments shall become due, (except that
 48        in the event of any acceleration of the due date of such principal by rea-
 49        son of mandatory or optional redemption  or  acceleration  resulting  from
 50        default or otherwise, other than any advancement of maturity pursuant to a
 51        mandatory  sinking  fund payment, the payments guaranteed shall be made in
 52        such amounts and at such times as such payments of  principal  would  have
 53        been due had there not been any such acceleration).
                                                                        
                                       3
                                                                        
  1        (b)  This  guaranty  does not extend to the payment of any redemption pre-
  2        mium.
  3        (c)  Reference to this chapter by its title on the face of any  bond  con-
  4        clusively  establishes the guaranty provided to that bond under provisions
  5        of this chapter.
  6        (3)  (a) Any bond guaranteed under this chapter that is refunded and  con-
  7        sidered  paid  for,  no longer has the benefit of the guaranty provided by
  8        this chapter from and  after the date on which that bond was considered to
  9        be paid.
 10        (b)  Any refunding bond issued by a board that is itself secured  by  gov-
 11        ernment  obligations  until the proceeds are applied to pay refunded bonds
 12        is not guaranteed under the provisions of this chapter, until the  refund-
 13        ing bonds cease to be secured by government obligations.
 14        (4)  Only  validly  issued  bonds  issued after the effective date of this
 15    chapter are guaranteed under this chapter.
 16        (5)  On and after July 1, 2007, state school bond guarantees issued by the
 17    state of Idaho shall not exceed twenty million dollars  ($20,000,000)  in  the
 18    aggregate  per school district. Notwithstanding this maximum limit, bond guar-
 19    antees exceeding the twenty million dollar ($20,000,000) limit prior  to  July
 20    1,  2007,  shall  remain in effect. In the event school districts consolidate,
 21    the maximum state bond guarantee of the  newly  consolidated  school  district
 22    shall be the sum of the maximum limit of each school district participating in
 23    the  consolidation. This new maximum limit shall also apply to bonds issued by
 24    the consolidated district after July 1, 2007.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16575C1

This legislation raises the cap for the School Bond Guarantee
Program when school districts in Idaho access the state's AAA
guarantee for voter approved school district bonds.  The current
cap is three (3) times the amount of the $200 million dollar cash
pledge made available by the Public School Permanent Endowment
Fund.  Currently the guarantee capacity is $600 million dollars,
which is totally maxed out - prohibiting any further use of the
state's AAA rating by school districts.  This bill will raise the
cap to four (4) times the Public School Permanent Endowment Fund
cash pledge of $200 million dollars (the cap will move from $600
million to $800 million).  The rating agencies are comfortable with
this move.
Further, it limits the amount that any one school district can
access by setting a maximum amount of $20 million dollars per
school district, thereby allowing more school districts to
participate in the program.
Finally, if two school districts choose to consolidate they will be
allowed to carry forward the aggregate amount ($40 million dollar
capacity) to the newly formed joint district.  This new maximum
limit will apply only to bonds issued after July 1, 2007.


                           FISCAL NOTE

No Fiscal Impact. 
(Note - interest rates on issued bonds under this program will be
lower than if the bonds are issued without the guarantee, thereby
saving money for property tax payers who service school district
bonded indebtedness.)



Contact
Name:  Ron Crane, State Treasurer's Office 
Phone: 334-3200

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1053