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56.867 Project notes -- Sale and issuance -- Purposes -- Approval -- Status of notes
with respect to the Commonwealth and its political subdivisions.
(1) The commission may issue and sell project notes for authorized projects upon
request by the cabinet. Project notes may be sold and issued in a manner and have
terms relating to the payment of interest, principal, and premiums or discounts as
market conditions warrant.
(2) Appropriations requests for payments under the financing agreements on project
notes shall be made by the state agency requesting an authorized project unless the
payments are to be payable from funds not subject to appropriation. Project notes,
together with interest thereon, shall be repaid from payments received by the
commission from the cabinet under a financing agreement. The cabinet shall enter
into financing agreements with the commission for the issuance of project notes.
State agencies requesting funding for an authorized project shall enter into an
agreement with the cabinet for the issuance of project notes by the commission for
that state agency. Agreements authorized by this section shall be either financing
agreements, or alternative agreements which specify that any payments shall be
made from funds that are not subject to appropriation by the General Assembly.
(3) Project notes may be issued for the following purposes:
(a) To pay any or all the costs of an authorized project for any state agency; and
(b) To refund outstanding project notes or other obligations of any state agency.
(4) Project notes shall have a maximum maturity not to exceed one hundred twenty
percent (120%) of the expected useful economic life of the project as estimated by
the commission, and if more than one (1) project is being financed by the project
notes, then the weighted average of the expected useful economic lives shall be
used.
(5) The issuance of project notes shall be subject to KRS 56.870, to approval by the
State Property and Buildings Commission, and to review by the Capital Projects and
Bond Oversight Committee pursuant to KRS 45.810.
(6) Project notes may be refunded, in whole or in part, from the proceeds of bonds or
other obligations issued by any state agency authorized to issue bonds or other
obligations.
(7) Project notes shall not constitute a debt of the Commonwealth or any political
subdivision thereof or a pledge of the faith and credit of the Commonwealth or any
political subdivision.
Effective: May 30, 1997
History: Created 1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 9, effective May 30, 1997.