TITLE 33

EDUCATION

CHAPTER 53

IDAHO SCHOOL BOND GUARANTY ACT

33-5306.  Paying agent to provide notice — State treasurer to execute transfer to paying agents — Effect of transfer. 

(1)  (a) The superintendent of each school district with outstanding, unpaid bonds shall transfer moneys sufficient for the scheduled debt service payment to its paying agent at least fifteen (15) days before any principal or interest payment date for the bonds.

(b)  The paying agent may, if instructed to do so by the superintendent, invest the moneys at the risk and for the benefit of the school district until the payment date.

(c)  A superintendent who is unable to transfer the scheduled debt service payment to the paying agent fifteen (15) days before the payment date shall immediately notify the paying agent and the state treasurer as set forth in the procedures for notice under the provisions of this chapter established by the state treasurer.

(2)  If sufficient funds are not transferred to the paying agent as required by subsection (1) of this section, the paying agent shall notify the state treasurer of that failure in writing at least ten (10) days before the scheduled debt service payment date as set forth in the procedures for notice under the provisions of this chapter established by the state treasurer.

(3)  (a) If sufficient moneys to pay the scheduled debt service payment have not been transferred to the paying agent, the state treasurer shall, on or before the scheduled payment date, gather sufficient moneys to make the scheduled debt service payment as set forth in section 33-5308, Idaho Code, and transfer such moneys to the paying agent.

(b)  The payment by the treasurer:

(i)  Discharges the obligation of the issuing school district to its bondholders for the payment; and

(ii) Transfers the rights represented by the general obligation of the school district from the bondholders to the state.

(c)  The school district shall pay the transferred obligation to the state as provided in this chapter.

History:

[33-5306, added 1999, ch. 328, sec. 1, p. 843; am. 2010, ch. 295, sec. 2, p. 796.]