17-5-720. Authorization to issue revenue bonds. (1) In addition to the authority contained in 17-5-716, the board of examiners may issue revenue bonds of the state to refund in whole or in part bonds issued to finance renewable resource development projects approved by the legislature pursuant to Title 17, chapter 5, part 7, and Title 85, chapter 1, part 6. The principal and interest on refunding bonds issued pursuant to this section are payable solely from the project or projects for which the refunded bonds were issued.
(2) The revenue bonds may be issued in an amount sufficient to refund all or a portion of the outstanding bonds, to pay costs incident to the issuance and sale of the refunding bonds, and to fund the establishment of necessary reserves. The refunding bonds must be designated as "State of Montana Water Development Revenue Bonds". All the power and authority granted to the board of examiners and provisions with respect to the issuance of bonds under Title 17, chapter 5, part 7, except for the provision pledging the coal severance tax to the payment of the bonds, apply to the issuance of the revenue bonds. In authorizing the issuance of the revenue bonds, the board of examiners shall determine that the refunding of the outstanding bonds and the issuance of the revenue bonds are in the best interest of the state.
(3) Revenue bonds may not be issued under this section to refund bonds issued to fund a loan to a political subdivision or local government body unless the political subdivision or local government body whose loan repayments would be pledged to the payment of the refunding bonds has consented to the refunding.
(4) Revenue bonds issued pursuant to this section without the pledge of the coal severance tax to the payment of the bonds are not coal severance tax bonds or a state debt.
History: En. Sec. 8, Ch. 775, L. 1991.
Structure Montana Code Annotated
Part 7. Coal Severance Tax Bonds -- Water Development
17-5-701. State of Montana coal severance tax bonds
17-5-703. Coal severance tax trust funds
17-5-705. Pledge of coal severance tax bond fund
17-5-706. Authority to issue coal severance tax bonds
17-5-707. Board of examiners to issue bonds
17-5-708. Special fund revenues
17-5-709. Continued tax deposit limit on additional bonds
17-5-710. Form -- principal and interest -- fiscal agent -- deposit of proceeds
17-5-712. Provisions for protecting bondholders
17-5-713. Personal liability -- suit to compel performance
17-5-714. Negotiability of bonds
17-5-715. Signatures of board members
17-5-716. Refunding obligations
17-5-718. Tax exemption of bonds -- legal investments
17-5-719. Limitation on amount of coal severance tax bonds issued
17-5-720. Authorization to issue revenue bonds
17-5-721. Authorization to issue revenue bonds
17-5-722. through 17-5-730 reserved
17-5-731. Bond anticipation notes -- when issued -- payment of principal and interest