ORS 286A.025
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 293.857) to 293.857 (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 293.857) to 293.857 (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]

Source: Section 286A.025 — Issuance and sale of bonds, https://www.­oregonlegislature.­gov/bills_laws/ors/ors286A.­html.

286A.001
Definitions for ORS chapter 286A
286A.003
State policy on debt management
286A.005
Authority of State Treasurer to issue bonds
286A.010
Information required by State Treasurer
286A.014
Fees and expenses of State Treasurer
286A.015
Payment of expenses of State Treasurer
286A.016
Disposition of charges
286A.025
Issuance and sale of bonds
286A.035
Bond budget authorization
286A.045
Borrowing for current expenses
286A.050
Short Term Borrowing Account
286A.055
Report by State Treasurer on amount of bonds issued, amounts repaid, costs and interest earned
286A.056
Cancellation or postponement of scheduled issuance of bonds
286A.095
Compliance with constitutional or statutory debt limit
286A.100
Definitions for ORS 286A.100 and 286A.102
286A.102
Lien of a pledge
286A.110
Agreements for exchange of interest rates
286A.118
Termination payment of conduit borrower
286A.120
Credit enhancement devices
286A.123
Agency purchase of own bonds
286A.130
Bond counsel services
286A.132
Debt-related advisory services
286A.140
State taxation of bond interest
286A.145
Federal taxation of bond interest
286A.160
Exception to expenditure limits for repaying obligations
286A.185
Cancellation, purchase or redemption of bonds
286A.190
Disclosure of bond ownership
286A.195
Financial audit of bond programs
286A.200
Administration of certain bond programs by Oregon Department of Administrative Services
286A.250
State Debt Policy Advisory Commission
286A.255
Functions and duties of commission
286A.560
Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711
286A.563
Purposes
286A.566
Requirements for legislation authorizing lottery bonds
286A.570
Lottery Bond Fund
286A.573
Lottery Bond Administrative Fund
286A.576
Allocation of lottery moneys for lottery bonds
286A.578
Litigation challenging legality of Oregon State Lottery
286A.580
Issuance of lottery bonds
286A.585
Lottery bonds for community sports facilities
286A.605
Definitions for ORS 286A.605 to 286A.625
286A.615
Private Activity Bond Committee
286A.620
Private activity bond volume cap
286A.625
State Treasurer to maintain records
286A.630
Reallocation of private activity bond cap
286A.700
Authority to issue baccalaureate bonds
286A.710
Definitions for ORS 286A.710 to 286A.720
286A.712
Authority of State Treasurer to issue bonds
286A.714
Article XI-D Bond Fund
286A.716
Article XI-D Bond Administration Fund
286A.718
Renewable Energy Fund
286A.720
Payment of bond-related costs
286A.730
Definitions for ORS 286A.730 to 286A.750
286A.735
Authority of State Treasurer to issue pension liability bonds
286A.740
Article XI-O Bond Fund
286A.745
Article XI-O Bond Administration Fund
286A.750
Terms and conditions of pension liability bonds
286A.760
Definitions for ORS 286A.760 to 286A.772
286A.762
Authority of State Treasurer to issue bonds
286A.764
Article XI-M Bond Fund
286A.766
Article XI-M Bond Administration Fund
286A.768
Education Seismic Fund
286A.772
Payment of bond-related costs
286A.780
Definitions for ORS 286A.780 to 286A.792
286A.782
Authority of State Treasurer to issue bonds
286A.784
Article XI-N Bond Fund
286A.786
Article XI-N Bond Administration Fund
286A.788
Emergency Services Seismic Fund
286A.792
Payment of bond-related costs
286A.796
Definitions for ORS 286A.796 to 286A.806
286A.798
Authority of State Treasurer to issue bonds
286A.800
School capital matching bond program
286A.801
Matching fund grants to school districts
286A.802
Article XI-P Bond Fund
286A.804
Article XI-P Bond Administration Fund
286A.806
School Capital Matching Fund
286A.808
Oregon School Capital Improvement Matching Account
286A.810
LEED certification of school projects financed with Article XI-P bonds
286A.816
Definitions for ORS 286A.816 to 286A.826
286A.818
Authority of State Treasurer to issue bonds
286A.820
Article XI-Q Bond Fund
286A.822
Article XI-Q Bond Administration Fund
286A.824
Article XI-Q bond program
286A.826
Budgeting for Article XI-Q project costs
286A.830
Definitions for ORS 286A.830 to 286A.863
286A.833
Authority of State Treasurer to issue Article XI-F(1) bonds
286A.836
Loan agreements for Article XI-F(1) bonds
286A.839
Article XI-F(1) Bond Fund
286A.842
Article XI-F(1) Bond Administration Fund
286A.845
Budgeting for Article XI-F(1) bonds
286A.848
Authority of State Treasurer to issue Article XI-G bonds
286A.851
Grant contracts for Article XI-G bonds
286A.854
Article XI-G Bond Fund
286A.857
Article XI-G Bond Administration Fund
286A.860
Budgeting for Article XI-G bonds
286A.863
Rules
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