Funds diversion agreement related to payment on revenue bonds
(1) As used in this section, “qualified revenue bonds” means revenue bonds, as defined in ORS 287A.001 (Definitions for ORS chapter 287A), that:
(a) Meet the definition of “qualified school construction bonds,” as defined in section 1521 of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5) or the description of “qualified zone academy bonds,” in section 54E(a) of the Internal Revenue Code of 1986, as amended; and
(b) Are sold with other revenue bonds under a program that is facilitated by a statewide organization that represents school boards.
(2) A school district or an education service district may enter into a funds diversion agreement with the Department of Education for the purpose of making debt service payments on qualified revenue bonds.
(3) A funds diversion agreement entered into under this section must contain all of the following provisions:
(a) Moneys payable to the school district or education service district by the department from the State School Fund will be paid directly to a debt service account in amounts equal to the lesser of:
(A) The amount available to the district for disbursement from the fund; or
(B) The amount of the debt service owed by the school district or education service district.
(b) The department must pay the amounts required under the funds diversion agreement to the debt service account specified by the school district or education service district.
(c) The department must pay the amounts required under the funds diversion agreement pursuant to the schedule specified in the agreement prior to paying any other amounts to the school district or education service district, except for any funds claimed pursuant to ORS 238.698 (Funds diversion agreement) or 328.346 (Recovery from school districts of payments on school bonds by State Treasurer).
(d) The agreement may not be revoked by the school district or education service district.
(e) The agreement will remain in effect until all payments for the qualified revenue bonds have been made.
(4) If the department is not able to pay moneys to a debt service account as required by a funds diversion agreement, the department shall give notice to the school district or education service district within 30 days after becoming aware that the moneys will not be paid according to the agreement. The department is not liable to any holder of qualified revenue bonds, or any trustee of a holder, or any other party for a failure to pay moneys as required under the funds diversion agreement.
(5) Nothing in this section or in a funds diversion agreement entered into under this section obligates the state or the department to pay an amount to a school district or education service district that is more than amounts the school district or education service district is otherwise entitled to receive from the State School Fund or to pay debt service on qualified revenue bonds issued by the school district or education service district. [2010 c.21 §8; 2011 c.699 §12]
Note: 328.284 (Funds diversion agreement related to payment on revenue bonds) was added to and made a part of ORS chapter 328 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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