Sec. 10-66c. Powers of board of center.
               	 		
      Sec. 10-66c. Powers of board of center. (a) A regional educational service center 
shall be a body corporate and politic. The board of a regional educational service center 
shall be a public educational authority acting on behalf of the state of Connecticut and 
shall have the power to sue and be sued, to receive and disburse private funds and such 
prepaid and reimbursed federal, state and local funds as each member board of education 
may authorize on its own behalf, to employ personnel, to enter into contracts, to purchase, 
receive, hold and convey real and personal property and otherwise to provide the programs, services and activities agreed upon by the member boards of education. The 
board of a regional educational service center shall have authority, within the limits 
prescribed by this part and as specified by the written agreement of the member boards, 
to establish policies for the regional educational service center, to determine the programs and services to be provided, to employ staff including a director of the center, to 
prepare and expend the budget and, within the limits authorized under this section, to 
provide for the financing of the programs and projects of the regional educational service 
center.
      (b) For the purpose of carrying out or administering a regional educational service 
center project, program or other function authorized under this section or refinancing 
existing indebtedness or funding debt service reserve or project reserve funds, a regional 
educational service center may, without limiting its authority under other provisions of 
law, borrow temporarily in anticipation of receipt of current revenues and issue bonds, 
notes or other obligations payable from or secured by any one or more of the following: 
(1) A pledge, lien, mortgage or other security interest in any or all of the income, proceeds, revenues and property, real or personal, of its projects, assets, programs or other 
functions, including the proceeds of grants, loans, advances, guarantees or contributions 
from the federal government, state or any other source; or (2) a pledge, lien, mortgage 
or other security interest in the property, real or personal, of projects to be financed by 
the bonds, notes or other obligations.
      (c) Bonds, notes or other obligations issued under this section may be issued in one 
or more series, shall bear such date or dates, be in such form, mature at such time or 
times, be payable at such place or places whether within the state or without, bear interest 
at such rate or rates, be in such denominations and form, with coupons attached, or 
registered, be fully negotiable, contain such conversion and redemption provisions, such 
other terms, covenants and conditions and be issued and sold in such manner as the 
regional educational service center, by resolution of the board of such center, determines, 
and may be payable at such time or times not exceeding twenty years from the date of 
issuance. Such bonds, notes or other obligations shall not constitute an indebtedness 
within the meaning of any debt limitation or restrictions and shall not be obligations of 
the state of Connecticut or any municipality, and each such bond, note or other obligation 
shall so state on its face. Neither the officers or members of the board of any regional 
educational service center nor any person executing the bond, note or other obligations 
shall be personally liable thereon by reason of the issuance thereof.
      (d) A regional educational service center may issue notes in anticipation of the 
receipt of proceeds from the sale of such bonds. If such notes are issued, the provisions 
of sections 7-378 and 7-378a, relating to the terms and conditions of issuing and renewing such notes, shall apply.
      (e) Each pledge, agreement or assignment made for the benefit or security of any 
bonds, notes or other obligations issued under this section shall be in effect until the 
principal and interest on the bonds, notes or other obligations for the benefit of which 
the same were made have been fully paid, or until provision is made for the payment 
in the manner provided in the resolution or resolutions authorizing their issuance. Any 
pledge or assignment made in respect of such bonds, notes or other obligations secured 
thereby shall be valid and binding from the time when the pledge or assignment is 
made; any income, proceeds, revenues or property so pledged or assigned and thereafter 
received by the regional educational service center shall immediately be subject to the 
lien of such pledge, without any physical delivery thereof or further act; and the lien of 
any such pledge or assignment shall be valid and binding as against parties having claims 
of any kind in tort, contract or otherwise against the regional educational service center, 
irrespective of whether such parties have notice thereof. Neither the resolution, trust 
indenture, agreement, assignment or other instrument by which a pledge is created need 
be recorded or filed, except for the recording of any mortgage or lien on real property 
or on any interest in real property.
      (f) A regional educational service center may enter into contractual agreements, 
including trust indentures or agreements with trustees, for the collection, investment 
and payment of pledged or assigned income, proceeds, revenues or property, the establishment of reserves, covenants and agreements for the benefit of the trustee or the 
holders of any bonds, notes or other obligations, and such other terms and conditions 
which are reasonable to delineate the respective rights, duties, safeguards, responsibilities and liabilities of the regional educational service center, holders of bonds, notes or 
other obligations and the trustee or assignee. Any such agreement may provide for the 
pledge or assigning of any assets or income from assets to which or in which the center 
has rights or interest, the vesting in such trustee or trustees of such property, rights, 
powers and duties in trust as the center may determine, which may include any or all 
of the property, rights, powers and duties of any trustee appointed by the holders of any 
bonds, notes or other obligations, or limiting or restricting the rights of any holder of 
any bonds, notes or other obligations, or limiting or abrogating the right of the holders 
of any bonds, notes or other obligations to appoint a trustee, or limiting the rights, powers 
and duties of such trustee, and may further provide for such other rights and remedies 
exercisable by the trustee as may be proper for the protection of the holders of any 
bonds, notes or other obligations and not otherwise in violation of law, including the 
acceleration of payment in the event of a default.
      (g) Any regional educational service center may obtain from a commercial bank or 
insurance company authorized to do business within or without this state a letter of 
credit, line of credit or other credit or liquidity facility, for the purpose of providing 
funds for the payment of such bonds, notes or other obligations required by their terms 
or by the holder thereof to be redeemed or repurchased at or prior to maturity or for 
providing additional security for such bonds, notes or other obligations. In connection 
therewith, a regional educational service center may authorize the execution of reimbursement agreements, remarketing agreements, standby bond purchase agreements, 
agreements for the purpose of moderating interest rate fluctuations and any other necessary or appropriate agreements. If a regional educational service center is required to 
draw upon any such credit facility, the amount of each loan made pursuant to such credit 
facility shall be repaid by the center as provided in such agreement with the provider 
of the credit facility, but no later than the last date on which the bond, notes or other 
obligations secured thereby would be required to mature by law. Such regional educational service center may pledge or assign or mortgage any of its income, proceeds, 
revenues or properties authorized by this section to secure its bonds, notes or other 
obligations to secure its payment obligations under any agreement entered into pursuant 
to this section.
      (h) Bonds, notes or other obligations issued by a regional educational service center 
under the provisions of this section are hereby made securities in which all public officers 
and public bodies of the state and its political subdivisions, all insurance companies, 
credit unions, building and loan associations, investment companies, savings banks, 
banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest 
funds, including capital in their control or belonging to them. Such bonds are hereby 
made securities which may properly and legally be deposited with and received by any 
state or municipal officer or any agency or municipality of the state for any purpose for 
which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.
      (i) A regional educational service center shall be considered an agency of the state 
for purposes of subdivision (14) of subsection (d) of section 42a-9-109.
      (1972, P.A. 117, S. 3; P.A. 75-431; P.A. 78-77, S. 1, 2; 78-295, S. 2, 9; P.A. 80-154, S. 3, 5; P.A. 87-460, S. 1, 2; P.A. 
95-259, S. 29, 32; May Sp. Sess. P.A. 04-2, S. 68.)
      History: P.A. 75-431 allowed regional center boards to be eligible to receive direct reimbursement in accordance with 
Sec. 10-76g; P.A. 78-77 gave boards power to borrow temporarily in anticipation of payments to be received; P.A. 78-295 substituted "member" for "participating" boards, declared boards to be corporate bodies, permitted acceptance of 
private funds, permitted purchase etc. of personal as well as real property and deleted reference to eligibility for direct 
reimbursement; P.A. 80-154 deleted provision concerning supply of programs, services etc. to nonpublic schools within 
center's geographical area; P.A. 87-460 provided that a regional educational service center be a body politic and that its 
board be acting on behalf of the state, added new Subsecs. (b) to (d), inclusive, re the power to issue bonds, notes or other 
obligations and designated Subsec. (a) accordingly and made a technical change; P.A. 95-259 amended Subsec. (b) to 
expand the reasons for which a service center may borrow or issue bonds and to add in Subdiv. (1) "assets, programs or 
other functions" and added Subsecs. (e) to (h), inclusive, effective July 6, 1995; May Sp. Sess. P.A. 04-2 added Subsec. 
(i) re applicability of the Uniform Commercial Code to security interests of the centers, effective May 12, 2004, and 
applicable to any pledge, lien or security interest of this state or any political subdivision of this state in existence on 
October 1, 2003, or created after that date.