(1) "Agreement for exchange of interest rates" means a contract, or an option or forward commitment to enter into a contract, for the exchange of interest rates that provides for:
(a) Payments based on levels of or changes in interest rates; or
(b) Provisions to hedge payment, rate, spread or similar exposure including, but not limited to, an interest rate floor or cap or an option, put or call.
(2) "Bond":
(a) Means a contractual undertaking or instrument of the State of Oregon to repay borrowed moneys.
(b) Does not mean a financing agreement, as defined in ORS 283.085, if the principal amount of the agreement is $100,000 or less, or a credit enhancement device.
(3) "Counterparty" means an entity with whom the State of Oregon enters into an agreement for exchange of interest rates.
(4) "Credit enhancement device":
(a) Means a letter of credit, line of credit, standby bond purchase agreement, bond insurance policy, reserve surety bond or other device or facility used to enhance the creditworthiness, liquidity or marketability of bonds or agreements for the exchange of interest rates; and
(b) Does not mean a bond.
(5) "Credit enhancement device fee" means a payment required to be made to the provider of a credit enhancement device securing a bond or securing an agreement for the exchange of interest rates.
(6) "General obligation bond" means a bond that constitutes indebtedness of the state under section 7, Article XI of the Oregon Constitution, and that is exempt from the $50,000 limitation on indebtedness set forth in that section.
(7) "Operative document" means a bond declaration, trust agreement, indenture, security agreement or other document in which the State of Oregon pledges property as security for an obligation, as defined in ORS 286A.100.
(8) "Refunding bond" means a bond of the State of Oregon that is issued to refund another bond, regardless of whether the refunding is on a current, advance, forward delivery, synthetic or other basis.
(9) "Related agency" means the state agency that requests the State Treasurer to issue bonds pursuant to ORS 286A.025 or for which the State Treasurer has issued bonds.
(10) "Related bond" means a bond for which the State of Oregon enters into an agreement for exchange of interest rates.
(11) "Revenue" means all fees, tolls, excise taxes, assessments, property taxes and other taxes, rates, charges, rentals and other income or receipts derived by a state agency or to which a state agency is entitled.
(12) "Revenue bond" means a bond of the State of Oregon that is not a general obligation bond.
(13) "State agency":
(a) Includes a statewide elected officer, board, commission, department, division, authority or other entity, without regard to the designation given to the entity, that is within state government, as defined in ORS 174.111; and
(b) Does not include:
(A) A statewide elected judge;
(B) The State Treasurer;
(C) A local government, as defined in ORS 174.116;
(D) The Oregon Health and Science University;
(E) A special government body, as defined in ORS 174.117, except to the extent a special government body must be considered a state agency in order to achieve the purposes of Article XI-K of the Oregon Constitution; or
(F) A semi-independent state agency listed in ORS 182.454, 377.835 or 674.305, or any other state agency denominated by statute as a semi-independent state agency.
(14) "Termination payment" means the amount payable under an agreement for exchange of interest rates by one party to another party as a result of the termination, in whole or part, of the agreement prior to the expiration of the stated term. [2007 c.783 §2; 2009 c.537 §7]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 286A - State Borrowing
Section 286A.001 - Definitions for ORS chapter 286A.
Section 286A.003 - State policy on debt management.
Section 286A.005 - Authority of State Treasurer to issue bonds.
Section 286A.010 - Information required by State Treasurer.
Section 286A.014 - Fees and expenses of State Treasurer; rules.
Section 286A.015 - Payment of expenses of State Treasurer.
Section 286A.025 - Issuance and sale of bonds.
Section 286A.035 - Bond budget authorization.
Section 286A.045 - Borrowing for current expenses.
Section 286A.050 - Short Term Borrowing Account; sources; uses.
Section 286A.056 - Cancellation or postponement of scheduled issuance of bonds.
Section 286A.095 - Compliance with constitutional or statutory debt limit.
Section 286A.100 - Definitions for ORS 286A.100 and 286A.102.
Section 286A.102 - Lien of a pledge; Uniform Commercial Code.
Section 286A.110 - Agreements for exchange of interest rates.
Section 286A.120 - Credit enhancement devices.
Section 286A.123 - Agency purchase of own bonds.
Section 286A.130 - Bond counsel services; financial advisory services; Public Contracting Code.
Section 286A.132 - Debt-related advisory services.
Section 286A.145 - Federal taxation of bond interest; interest rate subsidies; rules.
Section 286A.195 - Financial audit of bond programs.
Section 286A.255 - Functions and duties of commission.
Section 286A.560 - Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711.
Section 286A.563 - Purposes; nature of lottery bonds.
Section 286A.566 - Requirements for legislation authorizing lottery bonds.
Section 286A.570 - Lottery Bond Fund; purposes.
Section 286A.576 - Allocation of lottery moneys for lottery bonds; priorities.
Section 286A.578 - Litigation challenging legality of Oregon State Lottery.
Section 286A.585 - Lottery bonds for community sports facilities; use of proceeds of bonds.
Section 286A.605 - Definitions for ORS 286A.605 to 286A.625.
Section 286A.615 - Private Activity Bond Committee; purpose of private activity bonding; rules.
Section 286A.630 - Reallocation of private activity bond cap; rules.
Section 286A.700 - Authority to issue baccalaureate bonds.
Section 286A.710 - Definitions for ORS 286A.710 to 286A.720.
Section 286A.712 - Authority of State Treasurer to issue bonds.
Section 286A.714 - Article XI-D Bond Fund; purposes.
Section 286A.716 - Article XI-D Bond Administration Fund; purposes.
Section 286A.718 - Renewable Energy Fund; purposes; rules.
Section 286A.730 - Definitions for ORS 286A.730 to 286A.750.
Section 286A.740 - Article XI-O Bond Fund; purposes.
Section 286A.745 - Article XI-O Bond Administration Fund; purposes.
Section 286A.750 - Terms and conditions of pension liability bonds.
Section 286A.760 - Definitions for ORS 286A.760 to 286A.772.
Section 286A.762 - Authority of State Treasurer to issue bonds.
Section 286A.764 - Article XI-M Bond Fund; purposes.
Section 286A.766 - Article XI-M Bond Administration Fund; purposes.
Section 286A.768 - Education Seismic Fund; purposes; rules.
Section 286A.780 - Definitions for ORS 286A.780 to 286A.792.
Section 286A.782 - Authority of State Treasurer to issue bonds.
Section 286A.784 - Article XI-N Bond Fund; purposes.
Section 286A.786 - Article XI-N Bond Administration Fund; purposes.
Section 286A.788 - Emergency Services Seismic Fund; purposes; rules; fees.
Section 286A.796 - Definitions for ORS 286A.796 to 286A.806.
Section 286A.798 - Authority of State Treasurer to issue bonds.
Section 286A.800 - School capital matching bond program; rules.
Section 286A.801 - Matching fund grants to school districts; requirements; awards; rules.
Section 286A.802 - Article XI-P Bond Fund; purposes.
Section 286A.804 - Article XI-P Bond Administration Fund; purposes.
Section 286A.808 - Oregon School Capital Improvement Matching Account; purposes.
Section 286A.810 - LEED certification of school projects financed with Article XI-P bonds.
Section 286A.816 - Definitions for ORS 286A.816 to 286A.826.
Section 286A.818 - Authority of State Treasurer to issue bonds.
Section 286A.820 - Article XI-Q Bond Fund; purposes.
Section 286A.822 - Article XI-Q Bond Administration Fund; purposes.
Section 286A.824 - Article XI-Q bond program; rules.
Section 286A.826 - Budgeting for Article XI-Q project costs.
Section 286A.830 - Definitions for ORS 286A.830 to 286A.863.
Section 286A.833 - Authority of State Treasurer to issue Article XI-F(1) bonds.
Section 286A.836 - Loan agreements for Article XI-F(1) bonds.
Section 286A.839 - Article XI-F(1) Bond Fund; purposes.
Section 286A.842 - Article XI-F(1) Bond Administration Fund; purposes.
Section 286A.845 - Budgeting for Article XI-F(1) bonds.
Section 286A.848 - Authority of State Treasurer to issue Article XI-G bonds.
Section 286A.851 - Grant contracts for Article XI-G bonds.
Section 286A.854 - Article XI-G Bond Fund; purposes.
Section 286A.857 - Article XI-G Bond Administration Fund; purposes.