SEC. 31-25-105. Establishment of debt service reserve funds; disposition of moneys in funds; reserve requirements; appropriations for funds.

(1) In addition to any other funds it may establish, the Mississippi Development Bank may, by resolution, establish one or more special funds pursuant to this section, referred to herein as "debt service reserve funds," and may pay into such debt service reserve funds:

(a) Any monies appropriated and made available by the state for the purposes of such debt service reserve funds;

(b) Any proceeds from the sale of notes or bonds to the extent provided in the resolutions of the bank authorizing the issuance thereof; and

(c) Any monies which may be made available to the bank from any other sources for the purposes of such debt service reserve funds.

(2) So long as there are bonds outstanding secured by a debt service reserve fund created by this section, all monies held in any debt service reserve fund, except as otherwise permitted in this section, shall be used solely for the payment of the principal of the bonds or of the sinking fund payments mentioned in this section with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds, or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; except that monies in any such funds shall not be withdrawn at any time in such amount as would reduce such fund to less than the debt service reserve fund requirement, except for the purpose of making with respect to such bonds principal, interest, redemption premium and sinking fund payments for the payment of which other monies of the bank are not available. Except to the extent monies in a debt service reserve fund are needed to satisfy a debt service reserve fund requirement, the amounts on deposit in such debt service reserve fund may be used for any corporate purposes of the bank in accordance with state and federal laws.

(3) The bank may provide by resolution for the establishment of a debt service reserve fund requirement for any debt service reserve fund established pursuant to this section.

(4) The chairman of the bank shall, on or before January 1 of each year make and deliver to the Governor of the state his certificate, stating the sum, if any, required to restore each debt service reserve fund to the debt service reserve fund requirement. The Governor shall transmit to the State Legislature a request for the amount, if any, required to restore each debt service reserve fund to the debt service reserve fund requirement. The State Legislature may, but shall not be required to, make any such appropriations so requested. All sums appropriated by the State Legislature for such restoration and paid shall be deposited by the bank in each such debt service reserve fund. Nothing provided in this section shall create or constitute a debt or liability of the state.

(5) The bank may create such other funds as may be necessary or desirable for the corporate purposes of the bank including debt service reserve funds not established pursuant to this section.

(6) Any monies appropriated by the State Legislature for the purposes of any of the debt service reserve funds established pursuant to this section shall not revert to the General Fund of the state at the end of any fiscal year.

SOURCES: Laws, 1989, ch. 522, Sec. 4, eff from and after passage (approved April 4, 1989). Laws, 1991, ch. 578, Sec. 4, eff from and after passage (approved April 12, 1991).

1997 Amendment:

SECTION 5. Section 31-25-105, Mississippi Code of 1972, is amended as follows:

31-25-105. (1) In addition to any other funds it may establish, the Mississippi Development Bank
may, by resolution, establish one or more special funds pursuant to this section, referred to herein as
"debt service reserve funds," and may pay into such debt service reserve funds:

(a) Any monies appropriated and made available by the state for the purposes of such debt service
reserve funds;

(b) Any proceeds from the sale of notes or bonds to the extent provided in the resolutions of the
bank authorizing the issuance thereof; and

(c) Any monies which may be made available to the bank from any other sources for the purposes of
such debt service reserve funds.

(2) So long as there are bonds outstanding secured by a debt service reserve fund created by this
section, all monies held in any debt service reserve fund, except as otherwise permitted in this
section, shall be used solely for the payment of the principal of the bonds or of the sinking fund
payments mentioned in this section with respect to such bonds, the purchase or redemption of such
bonds, the payment of interest on such bonds, or the payment of any redemption premium required
to be paid when such bonds are redeemed prior to maturity; except that monies in any such funds
shall not be withdrawn at any time in such amount as would reduce such fund to less than the debt
service reserve fund requirement, except for the purpose of making with respect to such bonds
principal, interest, redemption premium and sinking fund payments for the payment of which other
monies of the bank are not available. Except to the extent monies in a debt service reserve fund are
needed to satisfy a debt service reserve fund requirement, the amounts on deposit in such debt
service reserve fund may be used for any corporate purposes of the bank in accordance with state
and federal laws.

(3) The bank may provide by resolution for the establishment of a debt service reserve fund
requirement for any debt service reserve fund established pursuant to this section.

(4) The chairman of the bank shall, on or before January 1 of each year make and deliver to the
Governor of the state his certificate, stating the sum, if any, required to restore each debt service
reserve fund to the debt service reserve fund requirement. The Governor shall transmit to the State
Legislature a request for the amount, if any, required to restore each debt service reserve fund to the
debt service reserve fund requirement. The State Legislature may, but shall not be required to, make
any such appropriations so requested. All sums appropriated by the State Legislature for such
restoration and paid shall be deposited by the bank in each such debt service reserve fund. Except
as otherwise provided in this subsection (4), nothing provided in this section shall create or constitute
a debt or liability of the state. Bonds issued by the bank under Section 31-25-21(k) for the purposes
provided in Section 31-25-20(g) shall be general obligations of the State of Mississippi, and for the
payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds
appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds
as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the
State Treasury not otherwise appropriated.

(5) The bank may create such other funds as may be necessary or desirable for the corporate
purposes of the bank including debt service reserve funds not established pursuant to this section.

(6) Any monies appropriated by the State Legislature for the purposes of any of the debt service
reserve funds established pursuant to this section shall not revert to the General Fund of the state at
the end of any fiscal year.

SOURCE: 1997 Laws, Chapter 302, Sec. 5, HB1633, Effective AP-February 24, 1997.