§39-10  Support facility for variable
rate bonds.  If bonds issued pursuant to this part are issued bearing
interest at a rate or rates which vary from time to time and with a right of
holders to tender the bonds for purchase, the director of finance, with the
approval of the governor, may contract for the support facility or facilities
and remarketing arrangements as are required to market the bonds to the
greatest advantage of the State upon such terms and conditions as the director
of finance deems necessary and proper.  The director of finance may enter into
contracts or agreements with the entity or entities providing a support
facility; provided that any contract or agreement shall provide, in essence,
that any amount due and owing by the State under the contract or agreement on
an annual basis shall be subject to annual appropriation by the State and any
obligation issued or arising pursuant to the terms of such contract or
agreement in the form of bonds, notes, or other evidences of indebtedness shall
only arise at such time as either:



(1)  Moneys or securities have been irrevocably set
aside for the full payment of a like principal amount of bonds issued pursuant
to this part; or



(2)  A like principal amount of the issue or series of
bonds to which the support facility relates are held in escrow by the entity or
entities providing the support facility. [L 1988, c 28, pt of §3]