Arizona Laws 41-5854. Arizona public school credit enhancement fund; purposes; exemption
A. The Arizona public school credit enhancement fund is established consisting of:
Terms Used In Arizona Laws 41-5854
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board: means the credit enhancement eligibility board established by section 41-5852. See Arizona Laws 41-5851
- Fund: means the Arizona public school credit enhancement fund established by section 41-5854. See Arizona Laws 41-5851
- Guaranteed financing: means debt obligations that are issued by or on behalf of a public school or a charter school to acquire, construct, renovate, equip, refinance or improve capital facilities and for which the board has approved a guarantee of all or a portion of the principal and interest payments pursuant to the program. See Arizona Laws 41-5851
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Program: means the Arizona public school credit enhancement program established by section 41-5855. See Arizona Laws 41-5851
- Program funding obligations: means program funding obligations approved and issued by the board pursuant to section 41-5857. See Arizona Laws 41-5851
1. Payments of program participation fees paid by schools that have participated in guaranteed financings pursuant to section 41-5855.
2. Repayments of monies of the fund that are used to make payments of principal and interest on guaranteed financings pursuant to section 41-5856.
3. The proceeds of program funding obligations issued by the board pursuant to section 41-5857.
4. Gifts, grants and donations received from any public or private source to carry out the purposes of this article.
5. Interest earnings and investment income earned on monies in the fund.
6. Any other monies distributed, paid or deposited to the fund by law or pursuant to contracts arising out of a guaranteed financing.
B. Monies and other assets of the fund shall be held and disbursed separate and apart from all other monies or assets of this state or political subdivisions of this state.
C. Monies in the fund shall be used for the following purposes:
1. By the state treasurer to make payments of principal or interest on guaranteed financings pursuant to section 41-5856.
2. By the board at its direction:
(a) To pay any operational or administrative expenses of the board, including fees for advisers, rating agencies and professionals retained by the board.
(b) To make payments to bond insurers to provide municipal bond insurance guaranteeing the timely payment of all or a portion of any guaranteed financing.
(c) To make payments of principal and interest in connection with any program funding obligations.
D. The state treasurer shall administer the fund and shall disburse monies in the fund as required by subsection C, paragraph 1 of this section and as directed by the board pursuant to subsection C, paragraph 2 of this section. The state treasurer shall separately account for monies received from each source listed in subsection A of this section and may establish accounts and subaccounts as necessary to properly account for and use monies in the fund.
E. Monies received pursuant to subsection A of this section may not be used for any purpose except guaranteeing or making payments of principal and interest on guaranteed financings approved by the board and any costs and expenses of the program or the board as provided in this article.
F. The state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.