2011 ORS § 286A.025¹
Issuance and sale of bonds
(1) The State Treasurer may, at the request of a related agency:
(a) Issue bonds when a law of the State of Oregon authorizes bonds to be issued; and
(b) Issue refunding bonds without additional authorization.
(2) In consultation with the related agency, the State Treasurer may:
(a) Sell bonds at a competitive sale or a negotiated sale or in any other manner determined by the State Treasurer;
(b) Issue bonds the interest of which is exempt from federal income taxation or is not exempt from federal income taxation;
(c) Establish the principal amounts, redemption provisions, optional or mandatory tender provisions, interest rates or methods for determining variable or adjustable interest rates, denominations and other terms and conditions of the bonds;
(d) Establish maturity dates for bonds to provide for short-term, interim or long-term borrowing;
(e) Determine the form and content of a bond offering or disclosure document;
(f) Structure, market and issue bonds in the manner that the State Treasurer determines is in the best interest of the people of the State of Oregon; and
(g) Invest moneys held in connection with or derived from obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102), without regard to the fund or account to which the moneys are credited under other provisions of law, alone or with other invested moneys. In addition, the State Treasurer may:
(A) Establish funds and accounts separate and distinct from the General Fund in order to invest the moneys as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.820) to 293.820 (Separate accounts for each local government) and to arrange for redemption or purchase of bonds; and
(B) Segregate or pool moneys in order to promote financial and administrative efficiency and prudence in the management of moneys derived from obligations, as defined in ORS 286A.100 (Definitions for ORS 286A.100 and 286A.102), moneys available for bond repayment and other moneys, and in the administration of bond programs.
(3) Subject to the approval of the State Treasurer, moneys described in subsection (2)(g) of this section may be held by a trustee under a trust agreement, indenture, bond declaration or similar instrument and may be invested by the trustee at the direction of the related agency for which the moneys are held by the trustee. If consistent with the trust agreement, indenture, bond declaration or similar instrument, a related agency may authorize a trustee to invest on behalf of the agency in the investment funds or with other moneys invested by the State Treasurer under ORS 293.701 (Definitions for ORS 293.701 to 293.820) to 293.820 (Separate accounts for each local government) and may authorize a transfer of the moneys from the State Treasurer to the trustee.
(4) In addition to authority conferred by law other than this section, the State Treasurer or, with the approval of the State Treasurer, a related agency may:
(a) Execute and deliver indentures, trust agreements, auction agent agreements, broker-dealer agreements, tender agent agreements, bond declarations or similar instruments and other contracts related to the sale, issuance or security of the bonds;
(b) Deposit funds with trustees for the benefit of bond owners and the providers of credit enhancement devices; and
(c) Enter into covenants for the benefit of bond owners or the providers of credit enhancement devices.
(5) The covenants authorized by subsection (4)(c) of this section:
(a) May include, but are not limited to, covenants regarding the issuance of additional bonds, the priority of payment of bonds and, if authorized by law other than this section, the imposition and collection of rates, fees or other charges; and
(b) Are intended to:
(A) Improve the security of bond owners or providers of credit enhancement devices; or
(B) Maintain the tax-exempt status of interest payable on bonds.
(6) In addition to authority conferred by law other than this section, in consultation with the related agency, the State Treasurer may establish a debt service reserve for the purpose of paying when due the amounts owing on the bonds for which the debt service reserve is established. The debt service reserve may be funded out of the proceeds derived from the issuance and sale of the bonds for which the debt service reserve is being established or from other lawfully available funds.
(7) In consultation with the related agency, the State Treasurer shall select the underwriters for the sale of the bonds requested by the related agency. An agreement with the underwriters may be executed by the State Treasurer alone or with the related agency. An agreement with underwriters is not subject to the Public Contracting Code. [2007 c.783 §7]