67-8716. UNLIMITED SALES TAX RECEIPTS PLEDGE. (1) The bond bank authority fund is hereby statutorily created in the state treasury. Moneys in the fund shall be used only as provided in this chapter. Earnings of the bond bank authority fund shall be deposited into the general fund as defined in section 67-1205, Idaho Code.
(2) If sufficient moneys are not available to pay debt service on the bonds of the authority, except for bonds the authority has specifically designated not to receive payment from the sales tax, as of five (5) days prior to the scheduled payment date of such bonds, the state treasurer shall give notice to the state controller, certifying the amount of the deficiency, at least five (5) days prior to the scheduled payment date. After receipt of the certified notice from the state treasurer pursuant to this subsection (2), the state controller shall cause moneys representing state sales tax receipts in the amount of the deficiency certified by the state treasurer to be transferred from the general fund as defined in section 67-1205, Idaho Code, and deposited in the bond bank authority fund; provided however, that in no event shall a transfer of moneys representing state sales tax receipts from the general fund under the provisions of this chapter impede or otherwise affect the payment of sales tax moneys pledged for the payment on other state bonds outstanding on the effective date of this act or subsequently issued as tax anticipation notes pursuant to section 63-3202, Idaho Code.
(3) Moneys transferred from the general fund to the bond bank authority fund pursuant to subsection (2) of this section shall be deposited in the reserve fund as replacement moneys for amounts withdrawn from the reserve fund to pay debt service on the bonds pursuant to section 67-8725, Idaho Code, to the extent such moneys are derived from amounts appropriated to the reserve fund by the legislature, or shall be used to pay debt service when due on bonds for which other moneys available pursuant to section 67-8727, Idaho Code, are insufficient.
(4) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair or limit the rights vested by the sales tax account pledge provided in this section and in section 63-3638, Idaho Code, with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.
(5) To the extent that other legally available revenues and funds of the state are insufficient to meet the certified deficiency, the state tax commission shall transfer moneys from the sales tax account in section 63-3638, Idaho Code.
History:
[67-8716, added 2001, ch. 130, sec. 1, p. 458; am. 2002, ch. 148, sec. 4, p. 429; am. 2005, ch. 389, sec. 6, p. 1254; am. 2008, ch. 407, sec. 1, p. 1116; am. 2011, ch. 214, sec. 1, p. 600.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 87 - IDAHO BOND BANK AUTHORITY
Section 67-8701 - SHORT TITLE.
Section 67-8702 - DEFINITIONS.
Section 67-8704 - RETENTION OF OUTSIDE SERVICES.
Section 67-8705 - POWERS AND DUTIES OF THE AUTHORITY.
Section 67-8706 - ANNUAL REPORT.
Section 67-8707 - NEGOTIABILITY OF BONDS.
Section 67-8708 - BONDS AS LEGAL INVESTMENTS.
Section 67-8709 - TAX EXEMPTION.
Section 67-8711 - PURCHASE AND DISPOSITION OF BONDS.
Section 67-8712 - PRESUMPTION OF VALIDITY.
Section 67-8713 - RESERVE FUND — ADDITIONAL FUNDS AND ACCOUNTS.
Section 67-8714 - PERSONAL LIABILITY.
Section 67-8715 - EXEMPTION FROM EXECUTION AND SALE.
Section 67-8716 - UNLIMITED SALES TAX RECEIPTS PLEDGE.
Section 67-8717 - LIEN OF PLEDGE.
Section 67-8718 - CREDIT ENHANCEMENT OR LIQUIDITY.
Section 67-8719 - SURETY FOR DEPOSITS BY BANK.
Section 67-8720 - EXPENSES OF ADMINISTRATION.
Section 67-8722 - MUNICIPAL BONDS.
Section 67-8723 - COMPLETE AUTHORITY.
Section 67-8724 - RIGHTS NOT TO BE IMPAIRED BY STATE.
Section 67-8726 - COOPERATION BY GOVERNMENT AGENCIES.