50-17-27
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50-17-27.
(a)
The commission shall be responsible for the proper application of the proceeds
of public debt issued under this article to the purposes for which it is
incurred; provided, however, that the proceeds from guaranteed revenue
obligations shall be paid to the issuer thereof, and the proceeds and the
application thereof shall be the responsibility of the issuer.
(b)
Proceeds received from the sale of bonds evidencing general obligation debt
shall be held in trust by the commission and disbursed promptly by the
commission in accordance with the original purpose set forth in the
authorization of the General Assembly and in accordance with rules and
regulations established by the commission. Bond proceeds and other proceeds held
by the commission shall be as fully invested as is practical, consistent with
the proper application of such proceeds for the purposes intended. Investments
shall be limited to general obligations of the United States or of subsidiary
corporations of the United States government fully guaranteed by such
government, or to obligations issued by the Federal Land Bank, Federal Home Loan
Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm
Credit Banks regulated by the Farm Credit Administration, Federal Home Loan
Mortgage Corporation, Federal National Mortgage Association, or to tax exempt
obligations issued by any state, county, municipal corporation, district, or
political subdivision, or civil division or public instrumentality of any such
government or unit of such government, or to prime
bankerś
acceptances, or to the units of any unit investment trusts the assets of which
are exclusively invested in obligations of the type described in this
subsection, or to the shares of any mutual fund the investments of which are
limited to securities of the type described in this subsection and distributions
from which are treated for federal income tax purposes in the same manner as the
interest on said obligations, provided that at the time of investment such
obligations or the obligations held by any such unit investment trust or the
obligations held or to be acquired by any such mutual fund are limited to
obligations which are rated within one of the top two rating categories of any
nationally recognized rating service or any rating service recognized by the
commissioner of banking and finance, and no others, or to securities lending
transactions involving securities of the type described in this subsection.
Income earned on any such investments or otherwise earned by the commission
shall be retained by the commission and used to purchase and retire any public
debt or any bonds or obligations issued by any public agency, public
corporation, or authority which are secured by a contract to which the second
paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of
Georgia of 1976 is applicable and may be used to pay operating expenses of the
commission. However, in order to provide for contingencies, efficiency, and
flexibility, the commission may agree by contract or grant agreement with county
and independent school systems that income earned during grant administration on
a direct appropriation of state funds to the commission for public school
capital outlay will be applied to the capital outlay purposes of the
appropriation. Otherwise, the interest on direct appropriations to the
commission shall be deposited into the treasury.
(c)
Notwithstanding subsections (a) and (b) of this Code section, the Georgia
Environmental Facilities Authority shall be the state authority responsible for
the proper application of the proceeds of public debt issued under this article
for the purpose of making loans to counties, municipal corporations, political
subdivisions, local authorities, and other local governmental entities for water
or sewerage facilities or systems. Proceeds from the sale of such bonds shall be
paid to the authority, which shall hold them in trust for their original
purposes as set forth in the authorization of the General Assembly, as provided
by law and in accordance with the rules and regulations established by the
authority. Bond proceeds held by the authority shall be as fully invested as is
practicable, consistent with the proper application of such proceeds for the
purposes intended, and the authority shall contract with the Georgia State
Financing and Investment Commission for the purpose of investing any such bond
proceeds and the income therefrom. Investments shall be limited to those
permitted to the authority or the Georgia State Financing and Investment
Commission in the laws providing for their creation and activities. Income
earned on any such investments of bond proceeds or the income therefrom shall be
retained by the authority and used by it for its public purposes as provided by
law.