Montana Code 17-5-1611. Additional powers of the board
17-5-1611. Additional powers of the board. In addition to all other powers conferred on the board by this part or any other law, the board has the power:
Terms Used In Montana Code 17-5-1611
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board: means the board of investments created in 2-15-1808. See Montana Code 17-5-1604
- Contract: A legal written agreement that becomes binding when signed.
- Eligible government unit: means :
(a)any municipal corporation or political subdivision of the state, including without limitation any city, town, county, school district, authority as defined in 75-6-304, or other special taxing district or assessment or service district authorized by law to borrow money;
(b)the state, any board, agency, or department of the state, or the board of regents of the Montana university system when authorized by law to borrow money; or
(c)an Indian tribal government, in accordance with 17-1-702. See Montana Code 17-5-1604
- Property: means real and personal property. See Montana Code 1-1-205
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)to purchase or hold eligible government unit bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes at prices and in a manner that the board considers advisable;
(2)to sell eligible government unit bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes acquired or held by it at prices without relation to cost and in a manner that the board considers advisable;
(3)to invest funds or money acquired by the board as provided in 17-5-1641;
(4)with regard to an eligible local government unit, to:
(a)prescribe the form of application or procedure required for a loan or purchase of eligible government unit bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes;
(b)fix the terms and conditions of the loan or purchase; and
(c)enter into agreements with eligible government units with respect to loans or purchases;
(5)to render services to eligible government units in connection with public or private sales of their bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes that are eligible for purchase by the board under this part, including advisory and other services, and charge the eligible government units for the services;
(6)to charge for its costs and services in reviewing or acting upon a proposed loan to an eligible government unit or a proposed purchase by the board of bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes of the eligible government unit, whether or not the loan is made or the bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes are purchased;
(7)to fix and establish terms, interest rates, and provisions with respect to a purchase of eligible government unit bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes by the board, including:
(a)the date and maturities of the bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes;
(b)provisions as to redemption or payment before maturity; and
(c)any other matters judged by the board to be necessary, desirable, or advisable for the purchase or loan;
(8)in connection with any loan to an eligible government unit or purchase of bonds, bond anticipation notes, registered warrants, tax or revenue anticipation notes, or other notes of an eligible government unit, to consider:
(a)the lawfulness and validity of the purpose to be served by the loan or purchase;
(b)the ability of the eligible government unit to secure borrowed money from other sources and the costs of borrowing;
(c)the ability of the eligible government unit to repay the loan, notes, or bonds;
(d)the priority of need for the particular public improvement or purpose to be financed; and
(e)varying the terms and conditions of its loans or purchases as between various eligible government units in accordance with their respective priorities and credit worthiness;
(9)to conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material to its information and necessary to carry out this part;
(10)to issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the board;
(11)to appoint, employ, or contract for the services of officers, employees, agents, financial or professional advisers, and attorneys and to pay compensation for their services as the board determines;
(12)to procure insurance against any losses in connection with its property, operations, or assets in amounts and from insurers as it considers desirable;
(13)to the extent permitted under its contracts with the holders of bonds or notes of the board, to consent to modification of the rate of interest, the time for payment of any installment of principal or interest, or the security for any other term of a bond, bond anticipation note, note, contract, or agreement of any kind to which the board is a party; and
(14)to do all acts and things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this part.