§ 19-12-106 - Issuance of tobacco settlement revenue bonds by Arkansas Development Finance Authority.
               	 		
19-12-106.    Issuance of tobacco settlement revenue bonds by Arkansas Development Finance Authority.
    (a)  The  Arkansas Development Finance Authority ("ADFA") is hereby directed and  authorized to issue Tobacco Settlement Revenue Bonds, the proceeds of  which are to be used for financing the Capital Improvement Projects  described in    19-12-106(b). The Bonds may be issued in series from time  to time, and shall be special obligations only of ADFA, secured solely  by the revenue sources set forth in this section.
(b)  The Capital Improvement Projects to be financed shall be:
      (1)  University  of Arkansas for Medical Sciences, Biosciences Research Building;  provided, however, that no more than two million, two hundred thousand  dollars ($2,200,000) of the annual transfer to the Tobacco Settlement  Debt Service Fund shall be allocated in any one year to pay Debt Service  Requirements for this project, and provided further that no more than  twenty-five million dollars ($25,000,000) in principal amount of Tobacco  Settlement Revenue Bonds may be issued for this project;
      (2)  Arkansas  State University Biosciences Research Building; provided, however, that  no more than one million, eight hundred thousand dollars ($1,800,000)  of the annual transfer to the Tobacco Settlement Debt Service Fund shall  be allocated in any one year to pay Debt Service Requirements for this  project, and provided further that no more than twenty million dollars  ($20,000,000) in principal amount of Tobacco Settlement Revenue Bonds  may be issued for this project;
      (3)  College  of Public Health of the University of Arkansas for Medical Sciences;  provided, however, that no more than one million dollars ($1,000,000) of  the annual transfer to the Tobacco Settlement Debt Service Fund shall  be allocated in any one year to pay Debt Service Requirements for this  project, and provided further that no more than fifteen million dollars  ($15,000,000) in principal amount of Tobacco Settlement Revenue Bonds  may be issued for this project; and
      (4)  Only  such other capital improvement projects related to the provision of  health care services, health education, or health- related research as  designated by legislation enacted by the General Assembly; provided that  the deposits to the Tobacco Settlement Debt Service Fund are adequate  to pay Debt Service Requirements for such additional projects.
(c)  Prior  to issuance of any series of Bonds authorized herein, ADFA shall adopt a  resolution authorizing the issuance of such series of Bonds. Each such  resolution shall contain such terms, covenants, conditions, as deemed  desirable and consistent with this chapter together with provisions of  the Arkansas Development Finance Authority Act,    15-5-101 et seq.,     15-5-201 et seq., and    15-5-301 et seq., including without limitation,  those pertaining to the establishment and maintenance of funds and  accounts, deposit and investment of Bond proceeds and the rights and  obligations of ADFA and the registered owners of the Bonds. In  authorizing, issuing, selling the Bonds and in the investment of all  funds held under the resolution or indenture securing such Bonds, ADFA  shall have the powers and be governed by the provisions of      15-5-309  and 15-5-310.
(d)  The Bonds shall be  special obligations of ADFA, secured and payable from deposits made  into the Tobacco Settlement Debt Service Fund created pursuant to this  chapter. In pledging revenues to secure the Bonds, the provisions of     15-5-313 shall apply.
(e)  If so  determined by ADFA, the Bonds may additionally be secured by a lien on  or security interest in facilities financed by the Bonds, by a lien or  pledge of loans made by ADFA to the user of such facilities, and any  collateral security received by ADFA, including, without limitation,  ADFA's interest in and any revenue derived from any loan agreements. It  shall not be necessary to the perfection of the lien and pledge for such  purposes that the trustee in connection with such bond issue or the  holders of the Bonds take possession of the loans, mortgages and  collateral security.
(f)  It shall be  plainly stated on the face of each Bond that it has been issued under  this chapter, and the Arkansas Development Finance Authority Act,     15-5-101 et seq.,    15-5-201 et seq., and    15-5-301 et seq., that the  Bonds shall be obligations only of ADFA secured as specified herein and  that, in no event, shall the bonds constitute an indebtedness of the  State of Arkansas or an indebtedness for which the faith and credit of  the State of Arkansas or any of its revenues are pledged or an  indebtedness secured by lien, or security interest in any property of  the State.
(g)  The Bonds may be  issued in one or more series, as determined by ADFA. Additional Bonds  may be issued in one or more series to fund additional Capital  Improvement Projects subsequently designated pursuant to     19-12-106(b)(4), so long as ADFA determines that revenues transferred to  the Tobacco Settlement Debt Service Fund, in combination with other  revenues available to secure the Bonds pursuant to    19-12-106(e); will  be sufficient to meet all Debt Service Requirements on such additional  Bonds and any other Bonds then outstanding.
(h)  Any  funds remaining and available to ADFA or the trustees under any  indenture or resolution authorized herein after the retirement of all  Bonds outstanding under such indenture or resolution, and the  satisfaction of all contractual obligations related thereto and all  current expenses of ADFA related thereto, shall be transferred to the  Arkansas Healthy Century Trust Fund.
(i)  ADFA  may issue Bonds for the purpose of refunding Bonds previously issued  pursuant to this chapter, and in doing so shall be governed by the  provisions of    15-5-314.
(j)  All  Bonds issued under this chapter, and interest thereon, shall be exempt  from all taxes of the State of Arkansas, including income, inheritance,  and property taxes. The Bonds shall be eligible to secure deposits of  all public funds, and shall be legal for investment of municipal,  county, bank, fiduciary, insurance company and trust funds.
(k)  The  State of Arkansas does hereby pledge to and agree with the holders of  any Tobacco Settlement Revenue Bonds issued pursuant to this chapter  that the State shall not (1) limit or alter the distribution of the  Tobacco Settlement moneys to the Tobacco Settlement Debt Service Fund if  such action would materially impair the rights of the holders of the  Bonds, (2) amend or modify the Master Settlement Agreement in any way if  such action would materially impair the rights of the holders of the  Bonds, (3) limit or alter the rights vested in ADFA to fulfill the terms  of any agreements made with the holders of the Bonds, or (4) in any way  impair the rights and remedies of the holders of the Bonds, unless and  until all Bonds issued pursuant to this chapter, together with interest  on the Bonds, and all costs and expenses in connection with any action  or proceeding by or on behalf of the holders of the Bonds, have been  paid, fully met, and discharged. ADFA is authorized to include this  pledge and agreement in any agreement with the holders of the Bonds.