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SUPTS. MEMO. NO. 86
October 1, 1999 |
| TO: | Division Superintendents |
| FROM: | Paul D. Stapleton Superintendent of Public Instruction |
| SUBJECT: | Revised Literary Fund Requisition Form |
Attached is the revised Literary Fund Requisition Form
(Attachment A). This form must be submitted for all Literary
Fund draw requests effective immediately. The revised
requisition form incorporates the Tax Questionnaire and Source of
Funds Certificate you previously completed prior to your first
draw. The requisition form has been changed in response to the
July 1, 1999, law requiring school divisions to retain a Bond
Counsel to provide an opinion as to the tax status of the
Literary Fund loan before the funds for the loan may be disbursed
(Attachment B, Section 22.1-157 C., Code of Virginia).
I urge you to review the Literary Fund Regulations (Attachment
C), especially, Section 8.5 since you will be using these
proceeds to reimburse or repay another funding source for work
already completed. Pursuant to Section 8.5 of the Regulations,
you will be required to adopt a reimbursement resolution. A
sample resolution is attached (Attachment D). The resolution
must be adopted not later than 60 days after the initial
expenditure is paid. In general, a reimbursement from a Literary
Fund loan must be made within 18 months of the latter of:
*the date the expenditure is paid; or
*the date the project is placed in service or abandoned.
However, the reimbursement must occur no later than 3 years after
the initial expenditure was paid. The ability to conform with
Section 8.5 of the Regulations is critical to the tax-exempt
status of Literary Loan funds. Please consult with your Bond
Counsel for more specific requirements and advice on reimbursing
yourself.
If you have any questions regarding the revised requisition form
or the Literary Fund process, please contact Dan Timberlake, June
Eanes, Kent Dickey, or Brian Logwood at (804) 225-2025.
PDS/DST:bkl
Attachments: A hard copy of this memo and its attachment
will be sent to the superintendent's office.
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