Statewide balance.

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(1) Fifty percent of the state ceiling less any amount allocated to designated local issuing authorities pursuant to section 24-32-1706 shall be allocated within twenty days after May 20, 1987, and as of January 15 of each year thereafter, to the statewide balance. In addition, the statewide balance shall include any amounts relinquished thereto pursuant to section 24-32-1705 (3) or (4), section 24-32-1706 (3) or (4), subsection (8) of this section, section 24-32-1708, or section 24-32-1710 (3).

(2) (a) Until September 15 of each year, the statewide balance may be allocated only among:

  1. Issuing authorities that are not designated local issuing authorities;

  2. State issuing authorities that did not receive a direct allocation pursuant to section24-32-1705; or

  3. Any designated local or state issuing authorities that have, prior to the date of receipt of an allocation from the statewide balance, relinquished to the statewide balance pursuant to section 24-32-1705 or 24-32-1706 any of their initial allocation remaining after any or all of their initial allocation has been used for the issuance of bonds in respect of which a form 8038 has been filed pursuant to section 24-32-1708.

(b) On and after September 15 each year, the statewide balance may be allocated among all issuing authorities. The executive director shall make all of the allocations from the statewide balance in his or her sole discretion with the advice of the board and in accordance with the priorities pursuant to this section.

  1. Repealed.

  2. The board shall review and recommend to the executive director statewide prioritiesfor the allocation of the statewide balance. Prior to the making of such recommendations, the department shall hold one or more public meetings to obtain input from the public regarding statewide priorities for the current year, information regarding the use of all bond allocations in the prior year, and other appropriate matters.

  3. An issuing authority shall apply for an allocation from the statewide balance by submitting a completed application for an allocation which contains the information and attachments required by section 24-32-1709.

  4. (a) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.)

(b) (I) (Deleted by amendment, L. 2009, (SB 09-041), ch. 56, p. 199, § 4, effective March 25, 2009.) (II) Repealed.

  1. Allocations from the statewide balance shall be effective for a statewide balanceaward period which shall be determined and may be extended by the executive director for each allocation. Allocations from the statewide balance shall not be assignable.

  2. Any issuing authority may relinquish all or any part of its allocation to the statewidebalance at any time by so notifying the department in writing.

  3. Repealed.

  4. Until October 31 of each year, no allocation of the statewide balance shall be madefor carryforward purposes.

  5. The executive director is authorized to contract with a private person, corporation,or entity for the review of applications for bonding authority from the statewide balance for industrial development bonds.

Source: L. 87: Entire part added, p. 992, § 1, effective May 20. L. 2003: (6) amended, p. 1464, § 1, effective July 1. L. 2005: (6)(b)(II) repealed, p. 798, § 1, effective June 1. L. 2009: (1), (2), (6)(a), (6)(b)(I), and (10) amended and (11) added, (SB 09-041), ch. 56, p. 199, § 4, effective March 25. L. 2017: (9) repealed, (HB 17-1047), ch. 26, p. 78, § 2, effective August 9. L. 2020: (2)(b) and (4) amended and (3) repealed, (HB 20-1161), ch. 55, p. 189, § 2, effective September 14.


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