TITLE 33

EDUCATION

CHAPTER 53

IDAHO SCHOOL BOND GUARANTY ACT

33-5305.  State to monitor fiscal solvency of school districts — Duties of state treasurer and state superintendent of public instruction. (1) The state treasurer shall:

(a)  Receive the following from each school district applying for the state’s guaranty under this chapter and each school district receiving the state’s guaranty under this chapter:

(i)   A copy of the annual statement of financial condition and report required in section 33-701, Idaho Code; and

(ii)  A copy of the complete audit of the financial statements of the school district prepared pursuant to section 33-701, Idaho Code.

(b)   In conjunction with the state superintendent of public instruction, annually report his conclusions concerning the fiscal solvency of school districts receiving a guaranty under this chapter to the governor, the legislature and the endowment fund investment board; and

(c)  Report immediately to the governor, the endowment fund investment board and the state superintendent of public instruction any circumstances suggesting that a school district will be unable to timely meet its debt service obligations and recommend a course of remedial action.

(2)  The state superintendent of public instruction shall:

(a)  Provide an analysis of a school district’s current fiscal solvency upon the request of the state treasurer;

(b)  In conjunction with the state treasurer, annually report his conclusions concerning the fiscal solvency of school districts receiving a guaranty under this chapter to the governor, the legislature and the endowment fund investment board; and

(c)  Report immediately to the governor, the endowment fund investment board and the state treasurer any circumstances suggesting that a school district will be unable to timely meet its debt service obligations and recommend a course of remedial action.

(3)  (a) After examining the analysis of the state superintendent of public instruction and other information available to the state treasurer, the state treasurer shall determine whether or not the financial affairs and condition of a school district are such that it would be imprudent for the state to guarantee future bonds of that school district.

(b)  If the state treasurer determines that the state should not guarantee the bonds of that school district, the state treasurer shall:

(i)   Prepare a determination of ineligibility for future guaranties; and

(ii)  Keep it on file in the office of the state treasurer.

(c)  The state treasurer may remove a school district from the status of ineligibility for future guaranties when a subsequent report of the school district or other information made available to the state treasurer evidences that it is no longer imprudent for the state to guarantee the bonds of that school district.

(4)  Nothing in this section affects the state’s guaranty of bonds of a school district issued:

(a)  Before determination of ineligibility for future guaranties;

(b)  After the eligibility for future guaranties of the school district is restored; or

(c)  Under a certificate of eligibility issued under this chapter.

History:

[33-5305, added 1999, ch. 328, sec. 1, p. 843; am. 2009, ch. 185, sec. 3, p. 603; am. 2010, ch. 295, sec. 1, p. 795.]