Reporting requirements.

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(1) A public entity that issues or enters into a stimulus obligation authorized by the allocation or reallocation of the volume cap to the public entity pursuant to section 11-59.7-106, 11-59.7-107, 11-59.7-108, or 11-59.7-109, by the public school capital construction assistance board, the Colorado energy office, the commission on higher education, or the department of local affairs, as applicable, shall deliver a report to the entity that allocated or reallocated the volume cap within thirty days after the stimulus obligation is issued or entered into. The report shall include the following information and any other information requested by the entity that allocated or reallocated the volume cap:

  1. The type of stimulus obligation;

  2. The state law or laws under which the stimulus obligation was issued or entered into;

  3. The date on which the stimulus obligation was issued or entered into;

  4. A description of the project financed or refinanced with the proceeds of the stimulusobligation;

  5. The principal amount, interest rates or method for determining the interest rates, andmaturity dates for the stimulus obligation and a schedule showing all scheduled payments on the stimulus obligation;

  6. The person or persons to which the stimulus obligation was sold;

  7. The terms on which the stimulus obligation was sold, including but not limited to anypremium or discount at which the stimulus obligation was sold and any redemption or tender provisions applicable to the stimulus obligation;

  8. A description of any credit or liquidity enhancement or credit or liquidity support forthe stimulus obligation and the amounts paid or to be paid for the enhancement or support;

  9. A description of any interest rate exchange agreement, interest rate cap agreement, orother similar agreement entered into in connection with the stimulus obligation;

  10. A copy of form 8038, 8038G, or other similar form that is filed with the federalinternal revenue service in connection with the stimulus obligation; and

  11. A copy of the official statement, offering document, or other similar document prepared in connection with the sale of the stimulus obligation.

(2) The failure of a public entity to comply with subsection (1) of this section shall not adversely affect the validity of the stimulus obligation issued or entered into, but no public entity that has failed to comply with said subsection (1) with respect to a stimulus obligation shall be authorized to issue or enter into any other stimulus obligation until the entity that allocated or reallocated to the public entity the volume cap that authorized the public entity to issue or enter into the stimulus obligation has certified in writing that the public entity is in compliance with said subsection (1).

Source: L. 2009: Entire article added, (HB 09-1346), ch. 402, p. 2213, § 1, effective June 2. L. 2012: IP(1) amended, (HB 12-1315), ch. 224, p. 958, § 3, effective July 1.


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