6-09.4 Public Finance Authority - North Dakota Statutes

Download pdf

Loading PDF...

CHAPTER 6-09.4PUBLIC FINANCE AUTHORITY6-09.4-01.Title.This chapter must be known as the "North Dakota Public FinanceAuthority Act".6-09.4-02. Legislative policy. It is declared to be the policy of the state of North Dakotato foster and promote the provision of adequate capital markets and facilities for borrowing
money by political subdivisions or other contracting parties and for the financing of their
respective public improvements or projects as those terms are used or defined in this chapter or
chapter 40-57. It is in the public interest to encourage political subdivisions or other contracting
parties to continue their independent undertakings of public improvements or projects and the
financing thereof by making funds available at reduced interest costs, especially during periods of
restricted credit or money supply. Current credit and municipal bond market conditions require
the exercise of the powers of the state to further and implement such policies by authorizing a
state instrumentality to be created to borrow money and to issue its bonds to make funds
available at reduced rates and on favorable terms for borrowing by political subdivisions or other
contracting parties through the purchase or holding of marketable municipal securities of political
subdivisions or other contracting parties in fully marketable form or in another form adequate to
secure bonds issued by the state instrumentality and by granting broad powers to accomplish
and to carry out the policies of the state.6-09.4-03. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Bondholder" or "holder" or any similar term when used with reference to a bond of
the public finance authority means any person who is the bearer of any outstanding
bond of the public finance authority.2."Bonds" or "bond" means evidences of indebtedness of the public finance authority
issued pursuant to this chapter.3."Fully marketable form" means a municipal security duly executed and accompanied
by an approving legal opinion of a counsel whose opinions are generally accepted
by the public finance authority or other purchasers of municipal securities.4."Municipal security" means an evidence of indebtedness issued by a political
subdivision, including a clean renewable energy bond issued under 26 U.S.C. 54
[Pub. L. 109-58; 119 Stat. 991], and a revenue agreement entered into by a
contracting party as those terms are used in chapter 40-57, but does not generally
include an evidence of indebtedness issued pursuant to chapter 40-57 other than an
evidence of indebtedness that qualifies as a qualified small issue bond as defined
under 26 U.S.C. 144(a) [Pub. L. 99-514; 100 Stat.2606], as amended, andregulations promulgated and officially proposed to be promulgated thereunder, or as
an "exempt facility bond" as defined under 26 U.S.C. 142(a)(4), (5), or (6) [Pub. L.
99-514; 100 Stat. 2606], as amended, and regulations promulgated and officially
proposed to be promulgated thereunder, issued to provide one of the following:a.A facility for the furnishing of water.b.A wastewater facility.c.A solid waste disposal facility.5."Political subdivision" means:a.A local governmental unit created by statute or by the Constitution of North
Dakota for local governmental or other public purposes.Page No. 1b.The state department of health, or any other state agency or authority, or any
member-owned association or publicly owned and nonprofit corporation:(1)Operating any public water system that is subject to chapter 61-28.1.(2)Operating any facility, system, or other related activity that is eligible for
financial assistance under chapter 61-28.2.c.The Bank of North Dakota for purposes of the revolving loan fund program
established by chapter 61-28.2.d.The state water commission for purposes of the revolving loan fund program
established by chapter 61-28.1.e.A qualified borrower within the meaning of 26 U.S.C. 54(j)(5) [Pub. L. 109-58;
119 Stat. 995].6."Public finance authority" means the public finance authority created by section
6-09.4-04.7."Required debt service reserve" means the amount required to be on deposit in the
reserve fund.8."Reserve fund" means the public finance authority reserve fund or funds created as
provided in section 6-09.4-10.9."Revenues" means any or all fees, charges, moneys, profits, payments of principal
of or interest on municipal securities, investment income, revenues, appropriations,
and all other income derived or to be derived by the public finance authority under
this chapter.6-09.4-04.Creation of public finance authority.A public finance authority isestablished under the operation, management, and control of the industrial commission to be
known as the "public finance authority".The public finance authority is constituted as aninstrumentality of the state exercising public and governmental functions, and the exercise by the
public finance authority of the powers conferred by this chapter must be deemed and held to be
an essential governmental function of the state.6-09.4-05.Participation voluntary - Agreement to participate.Participation by apolitical subdivision is entirely voluntary and no political subdivision may be required to sell its
bond issues to the public finance authority. Notwithstanding any other state law applicable to the
issuance of bonds, a political subdivision desiring to participate in the public finance authority
may enter into an agreement with the public finance authority for the purchase by the public
finance authority of a bond issue or issues of the political subdivision, including the purchase by
the public finance authority of an issue or issues of refunding bonds, which refunding bonds may
be required by the agreement to be issued at a rate or rates of interest higher or lower than that
of the bond issue or issues to be refunded.6-09.4-05.1.Administrative agreements with state agencies.The public financeauthority and any state agency authorized by state or federal law to make an allocation of bonds
or bonding authority or to make loans, or to issue bonds to obtain funds for the purpose of
making loans, to political subdivisions may enter into an administrative agreement, which may
authorize the public finance authority to administer the loan or bond program for the state
agency. The agreement may delegate to the public finance authority the authority to make loans,
or to issue bonds to obtain funds for the purpose of making loans, to political subdivisions.6-09.4-06. Lending and borrowing powers generally. The public finance authoritymay lend money to political subdivisions or other contracting parties through the purchase or
holding of municipal securities which, in the opinion of the attorney general, are properly eligiblePage No. 2for purchase or holding by the public finance authority under this chapter or chapter 40-57 and for
purposes of the public finance authority's capital financing program the principal amount of any
one issue does not exceed five hundred thousand dollars. However, the public finance authority
may lend money to political subdivisions through the purchase of securities issued by the political
subdivisions through the capital financing program without regard to the principal amount of the
bonds issued, if the industrial commission approves a resolution that authorizes the public
finance authority to purchase the securities. The capital financing program authorizing resolution
must state that the industrial commission has determined that private bond markets will not be
responsive to the needs of the issuing political subdivision concerning the securities or, if it
appears that the securities can be sold through private bond markets without the involvement of
the public finance authority, the authorizing resolution must state reasons for the public finance
authority's involvement in the bond issue. The public finance authority may hold such municipal
securities for any length of time it finds to be necessary. The public finance authority, for the
purposes authorized by this chapter or chapter 40-57, may issue its bonds payable solely from
the revenues available to the public finance authority which are authorized or pledged for
payment of public finance authority obligations, and to otherwise assist political subdivisions or
other contracting parties as provided in this chapter or chapter 40-57.The public finance authority may lend money to the Bank of North Dakota under termsand conditions requiring the Bank to use the proceeds to make loans for agricultural
improvements that qualify for assistance under the revolving loan fund program established by
chapter 61-28.2.Bonds of the public finance authority issued under this chapter or chapter 40-57 are not inany way a debt or liability of the state and do not constitute a loan of the credit of the state or
create any debt or debts, liability or liabilities, on behalf of the state, or constitute a pledge of the
faith and credit of the state, but all such bonds are payable solely from revenues pledged or
available for their payment as authorized in this chapter. Each bond must contain on its face a
statement to the effect that the public finance authority is obligated to pay such principal or
interest, and redemption premium, if any, and that neither the faith and credit nor the taxing
power of the state is pledged to the payment of the principal of or the interest on such bonds.
Specific funds pledged to fulfill the public finance authority's obligations are obligations of the
public finance authority.All expenses incurred in carrying out the purposes of this chapter or chapter 40-57 arepayable solely from revenues or funds provided or to be provided under this chapter or chapter
40-57 and nothing in this chapter may be construed to authorize the public finance authority to
incur any indebtedness or liability on behalf of or payable by the state.6-09.4-07. Powers. The public finance authority has the following powers:1.To sue and be sued.2.To make and enforce bylaws, rules, and regulations for the conduct of its affairs and
business and for use of its services.3.To acquire, hold, use, and dispose of its income, revenue, funds, and moneys in
accordance with law, this chapter or chapter 40-57, or legislative appropriations.4.To acquire, rent, lease, hold, use, and dispose of other personal property for its
purposes.5.To borrow money and to issue its negotiable bonds or notes and to provide for and
secure the payment thereof and to provide for the rights of the holders thereof, and
to purchase, hold, and dispose of any of its bonds.6.To fix and revise from time to time and charge and collect fees and charges for the
use of its services or facilities.Page No. 37.To do and perform any acts and things authorized by this chapter or chapter 40-57
under, through, or by means of its officers, agents, or employees or by contracts with
any person, firm, or corporation.8.To make, enter into, and enforce all contracts or agreements necessary, convenient,
or desirable for the purposes of the public finance authority or pertaining to any loan
to a political subdivision or other contracting party or any purchase or sale of
municipal securities or other investments or to the performance of its duties and
execution or carrying out of any of its powers under this chapter or chapter 40-57.9.To purchase or hold municipal securities of political subdivisions or other contracting
parties at such prices and in such manner as the public finance authority shall deem
advisable, and to sell municipal securities acquired or held by it at such prices
without relation to cost and in such manner as the public finance authority deems
advisable.10.To invest any funds or moneys of the public finance authority not then required for
loan to political subdivisions or other contracting parties and for the purchase of
municipal securities in the same manner as permitted for investment of funds
belonging to the state or the Bank of North Dakota.11.To fix and prescribe any form of application or procedure to be required of a political
subdivision or other contracting party for the purpose of any loan or the purchase of
its municipal securities, and to fix the terms and conditions of any such loan or
purchase and to enter into agreements with political subdivisions or other contracting
parties with respect to any such loan or purchase.12.To consider the need, desirability, or eligibility of such loan, the ability of such
political subdivision or other contracting party to secure borrowed money from other
sources and the costs thereof, and the particular public improvement, project, or
purpose to be financed by the municipal securities to be purchased by the public
finance authority.13.To impose and collect charges from a political subdivision or other contracting party
for its costs and services in review or consideration of any proposed loan to a
political subdivision or other contracting party or purchase of municipal securities of
such political subdivision or other contracting party, and to impose and collect
charges therefor whether or not such loan has been made or such municipal
securities have been purchased.14.To fix and establish any and all terms and provisions with respect to any purchase of
municipal securities by the public finance authority, including dates and maturities of
such bonds, provisions as to redemption or payment prior to maturity, and any and
all other matters which in connection therewith are necessary, desirable, or
advisable in the judgment of the public finance authority.15.To procure insurance against any losses in connection with its property, operations,
or assets in such amounts and from such insurers as it deems desirable to pay the
premiums on such insurance.16.To the extent permitted under its contracts with the holders of bonds of the public
finance authority, to consent to any modification with respect to rates of interest,
time, and payment of any installment of principal or interest, security, or any other
term of bond, contract, or agreement of any kind to which the public finance authority
is a party.17.To do all acts and things necessary, convenient, or desirable to carry out the powers
expressly granted or necessarily implied in this chapter or chapter 40-57.Page No. 418.To do and perform any act and thing authorized by section 54-01-27 or 54-17-36
under, through, or by means of its officers, agents, or employees or by contracts with
any person to assist the state, or any agency or institution of the state, in making,
entering, and enforcing all contracts or agreements necessary, convenient, or
desirable for the purposes of leasing all or part of, or an undivided or other interest
in, property.6-09.4-08. Bonds of the public finance authority. Bonds of the public finance authoritymust be authorized by resolution of the industrial commission and may be issued in one or more
series and must bear such date or dates, mature at such time or times, bear interest at such rate
or rates of interest per year, be in such denomination or denominations, be in such form, either
coupon or registered, carry such conversion or registration privileges, have such rank or priority,
be executed in such manner, be payable from such sources in such medium of payment at such
place or places within or without the state, and be subject to such terms of redemption, with or
without premium, as such resolution or resolutions may provide. Bonds of the public finance
authority, issued to provide funds to a municipal pipeline authority, are to mature not more than
thirty years from the date of issue. Bonds of the public finance authority may be sold at public or
private sale at such time or times and at such price or prices as the public finance authority
determines.6-09.4-09. Pledges. Any pledge of revenue or of a revenue agreement under chapter40-57 made by the industrial commission as security for public finance authority bonds is valid
and binding from time to time when the pledge is made. The industrial commission may also
pledge assets of the Bank of North Dakota as security for public finance authority bonds. The
revenues or other moneys so pledged and thereafter received by the public finance authority are
immediately subject to the lien of such pledge without any physical delivery thereof or further act,
and the lien of any such pledge is valid and binding as against all parties having claims of any
kind in tort, contract, or otherwise against the public finance authority, regardless of whether such
parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is
created need be filed or recorded, except in the records of the public finance authority.6-09.4-10. Reserve fund.1.The public finance authority shall establish and maintain a reserve fund in which
there must be deposited all moneys appropriated by the state for the purpose of the
fund, all proceeds of bonds required to be deposited therein by terms of any contract
between the public finance authority and its bondholders or any resolution of the
public finance authority with respect to the proceeds of bonds, any other moneys or
funds of the public finance authority which it determines to deposit therein, any
contractual right to the receipt of moneys by the public finance authority for the
purpose of the fund, including a letter of credit or similar instrument, and any other
moneys made available to the public finance authority only for the purposes of the
fund from any other source or sources. Moneys in the reserve fund must be held
and applied solely to the payment of the interest on and the principal of bonds and
sinking fund payments as the same become due and payable and for the retirement
of bonds, including payment of any redemption premium required to be paid when
any bonds are redeemed or retired prior to maturity. Moneys in the reserve fund
may not be withdrawn therefrom if the withdrawal would reduce the amount in the
reserve fund to an amount less than the required debt service reserve, except for
payment of interest then due and payable on bonds and the principal of bonds then
maturing and payable and sinking fund payments and for the retirement of bonds in
accordance with the terms of any contract between the public finance authority and
its bondholders and for the payments on account of which interest or principal or
sinking fund payments or retirement of bonds, other moneys of the public finance
authority are not then available in accordance with the terms of the contract. The
required debt service reserve must be an aggregate amount equal to at least the
largest amount of money required by the terms of all contracts between the public
finance authority and its bondholders to be raised in the then current or any
succeeding calendar year for the payment of interest on and maturing principal ofPage No. 5outstanding bonds, and sinking fund payments required by the terms of any
contracts to sinking funds established for the payment or redemption of the bonds.2.If the establishment of the reserve fund for an issue or the maintenance of an
existing reserve fund at a required level under this section would necessitate the
investment of all or any portion of a new reserve fund or all or any portion of an
existing reserve fund at a restricted yield, because to not restrict the yield may cause
the bonds to be taxable under the Internal Revenue Code, then at the discretion of
the public finance authority no reserve fund need be established prior to the
issuance of bonds or the reserve fund need not be funded to the levels required by
other subsections of this section or an existing reserve fund may be reduced.3.No bonds may be issued by the public finance authority unless there is in the
reserve fund the required debt service reserve for all bonds then issued and
outstanding and the bonds to be issued.Nothing in this chapter prevents orprecludes the public finance authority from satisfying the foregoing requirement by
depositing so much of the proceeds of the bonds to be issued, upon their issuance,
as is needed to achieve the required debt service reserve.The public financeauthority may at any time issue its bonds or notes for the purpose of providing any
amount necessary to increase the amount in the reserve fund to the required debt
service reserve, or to meet such higher or additional reserve as may be fixed by the
public finance authority with respect to such fund.4.In order to assure the maintenance of the required debt service reserve, there shall
be appropriated by the legislative assembly and paid to the public finance authority
for deposit in the reserve fund, such sum, if any, as shall be certified by the industrial
commission as necessary to restore the reserve fund to an amount equal to the
required debt service reserve. However, the commission may approve a resolution
for the issuance of bonds, as provided by section 6-09.4-06, which states in
substance that this subsection is not applicable to the required debt service reserve
for bonds issued under that resolution.5.If the maturity of a series of bonds of the public finance authority is three years or
less from the date of issuance of the bonds, the public finance authority may
determine that no reserve fund need be established for that respective series of
bonds. If such a determination is made, holders of that respective series of bonds
may have no interest in or claim on existing reserve funds established for the
security of the holders of previously issued public finance authority bonds, and may
have no interest in or claim on reserve funds established for the holders of
subsequent issues of bonds of the public finance authority.The industrial commission may determine that this section is inapplicable in whole or in part for
bonds issued under section 6-09.4-24.6-09.4-11. Additional reserves and funds. The public finance authority may establishsuch additional and further reserves or such other funds or accounts as may be, in its discretion,
necessary, desirable, or convenient to further the accomplishment of the purposes of the public
finance authority to comply with the provisions of any agreement made by or any resolution of
the public finance authority.6-09.4-12. Participation by public finance authority in bonds held by Bank of NorthDakota.The public finance authority may issue its bonds from time to time in an amountsufficient to purchase municipal securities held by the Bank of North Dakota at a price
established by mutual agreement between the public finance authority and the Bank of North
Dakota.6-09.4-13. Personal liability. Neither the members of the industrial commission nor anyperson executing bonds issued pursuant to this chapter or chapter 40-57 is liable personally on
such bonds by reason of the issuance thereof.Page No. 66-09.4-14.Purchase of bonds of public finance authority.The public financeauthority has the power to purchase bonds of the public finance authority out of any funds or
money of the public finance authority available therefor. The public finance authority may hold,
cancel, or resell such bonds or notes subject to and in accordance with agreements with holders
of its bonds.6-09.4-15. Bonds as legal investments and security. Notwithstanding any restrictionscontained in any other law, the state and all public officers, boards, and agencies, and political
subdivisions and agencies thereof, all national banking associations, state banks, trust
companies, savings banks and institutions, savings and loan associations, investment
companies, and other persons carrying on a banking business, and all executors, administrators,
guardians, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other
funds belonging to them or within their control in any bonds issued by the public finance authority
pursuant to this chapter, and the bonds are authorized security for any and all public deposits.6-09.4-16. Tax exemptions. All property of the public finance authority and all bondsissued under this chapter must be deemed to be serving essential public and governmental
purposes and such property and such bonds so issued, their transfer and the income therefrom,
including any profits made on the sale thereof, shall at all times be exempt from state, county,
and municipal taxes of any and all kinds.6-09.4-17. Exemption of property from execution sale.All property of the publicfinance authority is exempt from levy and sale by virtue of an execution and no execution or other
judicial process may issue against the same nor may any judgment against the public finance
authority be a charge or lien upon its property; provided, that nothing contained in this chapter
applies to or limits the rights of the holder of any bonds to pursue any remedy for the
enforcement of any pledge or lien given by the public finance authority on its revenues. Any
action or proceeding in any court to set aside a resolution authorizing the issuance of bonds by
the public finance authority under this chapter or to obtain any relief upon the ground that such
resolution is invalid must be commenced within ten days after the adoption of said resolution by
the industrial commission. After the expiration of such period of limitation, no claim for relief or
defense founded upon the invalidity of the resolution or any of its provisions may be asserted nor
may the validity of the resolution or any of its provisions be open to question in any court on any
ground whatever.6-09.4-18.Insurance or guaranty.The public finance authority is authorized andempowered to obtain from any entity of the state, any department or agency of the United States
of America, or any nongovernmental insurer any insurance, guaranty, or liquidity facility, or from
a financial institution a letter of credit to the extent such insurance, guaranty, liquidity facility, or
letter of credit now or hereafter available, as to, or for, the payment or repayment of, interest or
principal, or both, or any part thereof, on any bonds issued by the public finance authority, or on
any municipal securities purchased or held by the public finance authority, pursuant to this
chapter; and to enter into any agreement or contract with respect to any such insurance,
guaranty, letter of credit, or liquidity facility, and pay any required fee, unless the same would
impair or interfere with the ability of the public finance authority to fulfill the terms of any
agreement made with the holders of its bonds.6-09.4-19. Remedies on default of municipal securities. In the event of default by apolitical subdivision in the payment of interest on or principal of any municipal securities owned or
held by the public finance authority, the public finance authority may proceed to enforce payment,
pursuant to applicable provisions of law, of such interest or principal or other amount then due
and payable.6-09.4-20. Form of municipal securities and investments. All municipal securitiesheld by the public finance authority as permitted or provided for under this chapter must at all
times be purchased and held in fully marketable form, subject to provision for any registration in
the name of the public finance authority. All municipal securities at any time purchased, held, or
owned by the public finance authority must, upon delivery to the public finance authority, be inPage No. 7fully marketable form and accompanied by such documentation as shall from time to time be
required by the public finance authority.6-09.4-21.Presumption of validity.After issuance, all bonds of the public financeauthority are conclusively presumed to be fully authorized and issued under the laws of the state,
and any person or governmental unit is estopped from questioning their authorization, sale,
issuance, execution, or delivery by the public finance authority.6-09.4-22. Protection of service during term of loan.1.The service provided or made available by a political subdivision through the
construction or acquisition of an improvement, or the revenues therefrom, financed
in whole or in part with a loan to the political subdivision from the public finance
authority or any other state agency or enterprise, may not be curtailed or limited by
inclusion of all or any part of the area served by the political subdivision within the
boundaries of any other political subdivision, or by the granting of any private
franchise for similar service within the area served by the political subdivision, during
the term of the loan. The political subdivision providing the service may not be
required to obtain or secure any franchise, license, or permit as a condition of
continuing to serve the area if it is included within the boundaries of another political
subdivision during the term of the loan.2.Under the circumstances described in subsection 1, nothing prevents the two
political subdivisions, with the public finance authority or other state agency or
enterprise, from negotiating an agreement for the right or obligation to provide the
service in question, provided that any agreement is invalid and unenforceable unless
the public finance authority or other state agency or enterprise is a party to the
agreement and unless the agreement contains adequate safeguards to ensure the
security and timely payment of any outstanding bonds of the public finance authority
issued to fund the loan.6-09.4-23. Evidences of indebtedness - Authority to withhold school district stateaid.1.If the public finance authority or a paying agent notifies the superintendent of public
instruction, in writing, that a school district has failed to pay when due the principal or
interest on any evidences of indebtedness issued after July 31, 1999, or that the
public finance authority or the paying agent has reason to believe a school district
will not be able to make a full payment of the principal and interest when the
payment is due, the superintendent of public instruction shall withhold any funds that
are due or payable or appropriated to the school district under chapter 15.1-27 until
the payment of the principal or interest has been made to the public finance authority
or the paying agent, or until the public finance authority or the paying agent notifies
the superintendent of public instruction that arrangements satisfactory to the public
finance authority or the paying agent have been made for the payment of the
principal and interest then due and owing. The notification must include information
required by the superintendent of public instruction.State funds available to aschool district under chapter 15.1-27 are not subject to withholding under this section
unless the withholding is authorized by resolution of the district's school board.2.Notwithstanding any withholding of state funds under section 15-39.1-23 or any
other law, the superintendent of public instruction shall make available any funds
withheld under subsection 1 to the public finance authority or the paying agent. The
public finance authority or the paying agent shall apply the funds to payments that
the school district is required to make to the public finance authority or the paying
agent.3.If funds are withheld from a school district and made available to the public finance
authority or a paying agent under this section and if tax revenues are received by thePage No. 8school district during the fiscal year in which the funds are withheld and are
deposited in the district's sinking fund established in accordance with section
21-03-42, the district, with the consent of the public finance authority or the paying
agent, may withdraw from its sinking fund an amount equal to that withheld by the
superintendent of public instruction and made available to the public finance
authority or a paying agent under this section.4.Any excess funds at the Bank of North Dakota escrowed pursuant to an agreement
between the public finance authority and the state board of public school education
for the benefit of the public finance authority and a school district must be held by
the Bank. With the approval of the superintendent of public instruction, those funds
may be used to subsidize the debt service payments on construction loans that are
made to school districts by the public finance authority and which are subject to the
withholding provisions of this section or construction loans made to school districts
under the state school construction program established by section 11 of chapter 2
of the 1989 Session Laws. Notwithstanding the existence of an escrow agreement
between the public finance authority and the state board of public school education,
those funds must be transferred to the public finance authority upon certification by
the public finance authority that the funds are in excess of the amount needed to
provide for the payment in full of the outstanding principal and interest, when due, on
the public finance authority bonds issued to purchase the municipal securities for
which the escrow fund was established.6-09.4-24. Public finance authority - Issuance on behalf of other state agencies.The public finance authority may issue bonds or other evidences of indebtedness on behalf of
other state agencies, instrumentalities, or officers, including the farm finance agency, industrial
commission, North Dakota building authority, student loan trust, and any other state agency,
instrumentality, or officer authorized by law to issue bonds or other evidences of indebtedness
and which elects to enter into an administrative agreement with the public finance authority under
this chapter. The public finance authority may be assisted by any other official appointed by the
industrial commission to aid the executive director or to serve as an authorized officer of the
public finance authority from time to time. Notwithstanding any other provision of law, in issuing
bonds or other evidences of indebtedness and in administering or managing any bond issue
postissuance on behalf of any other state agency, instrumentality, or officer, the public finance
authority may exercise any of the powers and authority of that state agency, instrumentality, or
officer which the industrial commission determines to be necessary or expedient in the issuance
of bonds or other evidences of indebtedness or in the administration or management of the
issue. Any bonds or other evidences of indebtedness issued by the public finance authority on
behalf of any other state agency, instrumentality, or officer, if so determined by the industrial
commission, continues to be the obligation or liability of the state agency or instrumentality as
otherwise provided by law and not an obligation or liability of the public finance authority.6-09.4-25. Administrative agreements with state agencies and instrumentalities toissue bonds and other evidences of indebtedness.The public finance authority and anystate agency, instrumentality, or officer authorized by law to issue bonds or other evidences of
indebtedness to obtain funds for any authorized purpose may enter into an administrative
agreement. The agreement may delegate to the public finance authority the power and authority
to issue bonds or other evidences of indebtedness on behalf of the state agency, instrumentality,
or officer to obtain funds for any other purpose authorized by law and may contain such other
necessary or expedient terms and conditions as the industrial commission and the parties to the
administrative agreement approve to effect the issuance of the bonds or other evidences of
indebtedness and to aid in the administration or management of any bond issue after issuance.6-09.4-26. Public finance authority as continuation of and successor in interest tomunicipal bond bank.1.Beginning August 1, 2005, the public finance authority is deemed the continuation of
and successor in interest to the municipal bond bank and any reference to the
municipal bond bank or bond bank in any agreement, certificate, contract, covenant,Page No. 9indenture,resolution,recital,undertaking,bond,note,otherevidenceofindebtedness, or in any other document or instrument means the public finance
authority.2.The public finance authority as the continuation of and successor in interest to the
municipal bond bank is deemed to:a.Possess all rights, title, privileges, powers, immunities, property, assets, and
claims of the bond bank; andb.Fulfill and perform all obligations of the bond bank, including all bond bank
obligations relating to outstanding bonds and notes.6-09.4-27. Confidentiality of certain public finance authority records. Commercial orfinancial information of a contracting party provided to the public finance authority as part of any
qualified small issue bonds or municipal industrial revenue bonds purchased or issued by the
public finance authority, whether obtained directly or indirectly, are confidential records.
Confidential records do not include routine credit inquiries; records required to be disclosed by
due legal process; the name, address, and contact information of a contracting party; or the
amount loaned to a contracting party.Page No. 10Document Outlinechapter 6-09.4 public finance authority