2005 Idaho Code - 39-1451 — PAYMENT OF BONDS -- NONLIABILITY OF STATE

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 14
                              HEALTH FACILITIES
    39-1451.  PAYMENT OF BONDS -- NONLIABILITY OF STATE. Bonds and notes
issued by the authority shall not constitute or become an indebtedness, or a
debt or liability of the state, the legislature thereof, or of any county,
city, town, township, board of education or school district, or other
subdivision of the state, or of any other political subdivision or body
corporate and politic of or municipality within the state and neither the
state, the legislature thereof, nor any county, city, town, township, board of
education or school district or other subdivision of the state shall be liable
thereon nor shall such bonds or notes constitute the giving, pledging or
loaning of the faith and credit of the state, the legislature thereof, or of
any county, city, town, township, board of education or school district, or
other subdivision of the state, or of any other political subdivision or body
corporate and politic of or municipality within the state, but shall be
payable solely from the funds herein provided therefor. The issuance of bonds
or notes under the provisions of this act shall not, directly or indirectly or
contingently, obligate the state or any political subdivision thereof nor
empower the authority, to levy or collect any form of taxes or assessments
therefor or to create any indebtedness payable out of taxes or assessments or
make any appropriation for their payment and such appropriation or levy is
prohibited. Nothing in this section contained shall prevent or be construed to
prevent the authority from pledging its full faith and credit or the full
faith and credit of a participating health institution to the payment of bonds
or notes authorized pursuant to this act. Nothing in this act shall be
construed to authorize the authority to create a debt of the state within the
meaning of the constitution or statutes of Idaho or authorize the authority to
levy or collect taxes or assessments and all bonds issued by the authority
pursuant to the provisions of this act are payable and shall state that they
are payable solely from the funds pledged for their payment in accordance with
the resolution authorizing their issuance or in any trust indenture or
mortgage or deed of trust executed as security therefor and are not a debt or
liability of the state of Idaho. The state shall not in any event be liable
for the payment of the principal of or interest on any bonds of the authority
or for the performance of any pledge, mortgage, obligation or agreement of any
kind whatsoever which may be undertaken by the authority. No breach of any
such pledge, mortgage, obligation or agreement shall impose any pecuniary
liability upon the state or any charge upon its general credit or against its
taxing power.
    All expenses incurred in carrying out this act shall be payable solely
from funds provided under the authority of this act and no liability or
obligation shall be incurred by the authority beyond the extent to which
moneys shall have been provided under this act.

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