Fiscal solvency of school districts -- Duties of state treasurer and attorney general.

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  • (1) The state superintendent shall:
    • (a) monitor the financial affairs and condition of each local school board in the state to evaluate each local school board's financial solvency; and
    • (b) report immediately to the governor and state treasurer any circumstances suggesting that a school district will be unable to timely meet its debt service obligations and recommend a course of remedial action.
  • (2)
    • (a) The state treasurer shall determine whether the financial affairs and condition of a local school board are such that it would be imprudent for the state to guarantee the bonds of that local school board.
    • (b) If the state treasurer determines that the state should not guarantee the bonds of that local school board, the state treasurer shall:
      • (i) prepare a determination of ineligibility; and
      • (ii) keep it on file in the office of the state treasurer.
    • (c) The state treasurer may remove a local school board from the status of ineligibility when a subsequent report or other information made available to the state treasurer evidences that it is no longer imprudent for the state to guarantee the bonds of that local school board.
  • (3) Nothing in this section affects the state's guaranty of bonds of a local school board issued:
    • (a) before determination of ineligibility;
    • (b) after the eligibility of the local school board is restored; or
    • (c) under a certificate of eligibility issued under Section 53G-4-803.




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