Title 50, Chapter 17, Section 27
( 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, 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 the units of any unit investment trusts the assets
of which are exclusively invested in obligations of the type
described above, or to the shares of any mutual fund the investments
of which are limited to securities of the type described above 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. 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. |