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Introduced Version - Originating in Committee Senate Bill 740 History

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sb740 org
Senate Bill No. 740

(By Senators Unger, Fanning, White, Deem and Facemyer)

____________

[Originating in the Committee on Transportation and Infrastructure;

reported March 23, 2005.]

_____________


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-15, §5B-4-16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4-20, §5B-4-21 and §5B-4-22, all relating to conducting an inventory and developing coordinated deployment and operation of technology infrastructure within this state; legislative findings and purpose; definitions; technology infrastructure inventory, local government cooperation, inventory survey reporting requirements, rule-making authority of Secretary of Department of Administration; exemption from disclosure of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; creating Innovation center, appointment and qualifications of Chief Officer of Innovation Center; powers and duties of Innovation Center; rule-making authority of Council for Community and Economic Development relating to Innovation Center; Innovation Center study and inventory of management practices of technology and technology infrastructure; reporting requirements; providing technical and funding assistance for innovation; authorizing Innovation Center to engage in consulting services for fee contractual and joint venture agreements; authority of local government to be providers of cable services, internet services, telecommunications services, information services, advanced services, broadband services, internet protocol enabled services, wireless and broadband internet services, authority to build technology infrastructure, authority to issue bonds; prior to issuance of bonds payment of expenses; ordinance, resolution or order required for the acquisition or construction of technology infrastructure system; publication and hearing requirements related to bonds; cost of technology infrastructure system; bonds not an indebtedness of local government; redemption and form of bonds, exemption from taxation of bonds; additional bonds to extend or improve technology infrastructure system authorized, equal priority with original bonds; establishment of sinking fund, transfer of balance of net revenues; enabling local government to establish rates of service; statutory mortgage lien created authorizing refunding of revenue bonds; and liberal construction of article.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B- 4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4- 10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-15, §5B-4-16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4-20, §5B-4-21 and §5B-4-22, all to read as follows:
ARTICLE 4. ELECTRONIC TELECOMMUNICATION OPEN INFRASTRUCTURE ACT.
§5B-4-1. Legislative findings; Purpose.
(a) This article is known as the "Electronic Telecommunication

Open Infrastructure Act" and shall be referred to as "ETOPIA".
(b) The Legislature finds and declares that the internet revolution is driving today's economy and that information technology offers increased economic opportunities, higher living standards, more individual choices, and wider and more meaningful participation in government and public life. The past decade has brought considerable advancement in telecommunications and the way people communicate worldwide. Accordingly, telecommunications in general, and the internet in particular, are becoming increasingly important to the efficiency and effectiveness of private and public sector entities. With the advent of the internet and its various commercial, educational, medical and cultural applications, the ability of people in all parts of this state to access the internet has become an important component in the ability of the state and its people and institutions to remain competitive in the information-based global economy. Internet access is a major concern for rural health care. Telemedicine gives health care providers the ability to share data with medical experts in academia and large urban hospitals in this state and country, thereby greatly enhancing the level of health care in these areas. Internet access is also a concern for rural education. Access to the internet will complement the learning experiences of children in rural areas by giving them a window to the world and allowing them to gather data from the information superhighway which would not otherwise be available to them. Moreover, internet access will give rural children planning to attend college a direct connection to academic information provided online by institutions of higher education in this state and throughout this country. The benefits of the internet are useless to people and businesses who are neither connected to nor able to access the information superhighway. Further, another public need is to develop and implement technology infrastructure that supports homeland security and public safety. The legislature finds and declares that efficient and comprehensive development of technology infrastructure is linked to the coordinated deployment and operation of information systems, information technology, information equipment, and telecommunications systems, and that the management, goals and purposes of government are furthered by the completion of an inventory of information systems, information technology, information equipment, telecommunications related services and systems and generally technology infrastructure and linked information systems across government. The legislature further finds and declares that technology infrastructure is essential to business and economic development within the state. Therefore, it is a purpose of this article to create, as an integral part of the West Virginia development office, the Innovation Center with the authority to advise, make recommendations, coordinate research and development efforts throughout the state, and build sustainable communities through technology infrastructure. The legislature further finds technology infrastructure promotes economic development. Technology infrastructure can make distance far less important than it historically has been, entrepreneurs can choose to live in small towns and rural communities and still engage in global data transmission marketplace. The legislature further finds that the kind of infrastructure necessary for widespread growth and development is severely lacking and as with other utilities and services, rural areas are often the last to be served because of the higher price of doing business. The legislature finds that technology infrastructure is vital if West Virginia communities are to survive and prosper in the global economy. The legislature hereby further finds and declares that problems of implementation of technology infrastructure so transcends the boundary lines of governmental units that no single unit can plan for the solution of these problems without affecting other units of government; that intergovernmental cooperation is an effective method to approach common development; and that assistance of the State is needed to make the most effective use of local, state, federal, and private resources. It is therefore the purpose of this article to (1) ensure that technology infrastructure and related services are provided, and provide the widest possible diversity of information and resources to the general public; (2) advance the exercise of rights under the First Amendment of the Constitution of the United States; (3) enhance the development and widespread use of technological advances; (4)achieve the objectives and policies necessary for the orderly growth and development of the state; and (5) facilitate intergovernmental cooperation and public-private partnerships.
§5B-4-2. Definitions.
The following terms, wherever used or referred to in this article, shall have the following meanings unless a different meaning clearly appears from the context:
(a) "Information equipment" includes central processing units, front-end processing units, miniprocessors, microprocessors and related peripheral equipment such as data storage devices, networking equipment, services, routers, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters;
(b) "Information systems" mean computer-based information equipment and related services designed for the automated transmission, storage, manipulation and retrieval of data by electronic or mechanical means;
(c) "Information technology" means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance and training, and includes the programs and routines used to employ and control the capabilities of data processing hardware;
(d) "Local government" means any municipality, county, metro or regional government, or entities or affiliates of such entities in the state of West Virginia;
(e) "Person" means an individual, partnership, association, company, trust, organization, or corporation;
(f) "Public body" means a department, division, agency, bureau, board, commission, court in its nonjudicial functions only, council, institution, spending unit, authority or other instrumentality thereof of whatever description of the state of West Virginia, or any county court or tribunal or commission in lieu thereof, or any county board of education, or any incorporated municipality, metro or regional government, or any other political subdivision; and
(g) "Technology infrastructure" means information systems, information technology, information equipment and facilities, equipment, lines, and services designed for or used for the transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio, microwave, or other electromagnetic or optical systems, related hardware, software, and programming, and specifically including, but not limited to, all features, facilities, equipment, systems, functions, programming, and capabilities, and technical support used in providing or related to:
(1) Cable service (as defined in 47 U.S.C. 522(6));
(2) Telecommunications service (as defined in 47 U.S.C. 153(46));
(3) Information service (as defined in 47 U.S.C. 153(20));
(4) Advanced services (as defined in 47 CFR 51.5);
(5) Broadband service; and/or
(6) Internet Protocol enabled services; however classified by the Federal Communications Commission.
§5B-4-3. Technology Infrastructure needs assessment and inventory; agency and local government cooperation; information gathering; reporting requirements; rule-making authority.

(a) The state encourages the coordinated deployment and operation of technology infrastructure for present and future use. Therefore, it is necessary for the state to determine, and maintain an ongoing, continually updated record of, the nature and extent of its technology infrastructure comprising information systems, information equipment, and information technology, the demands on its technology infrastructure, and those governmental entities which use or desire to use the resources of the technology infrastructure providing information services, cable service, advanced services, broadband services, internet, internet protocol enabled services, telecommunications services or similar services or support.
(b) The Secretary of the Department of Administration shall develop systems and processes for maintaining accurate information on the state of the technology infrastructure in the state on an ongoing basis and conduct an infrastructure resources survey of the deployment and operation of technology infrastructure in this state. The Secretary shall determine the form and format of the information submitted, including the use of electronic submissions.
(c) To facilitate the infrastructure resources survey the Secretary of the Department of Administration, in consultation with the chief officer of the Innovation Center established in this article, shall propose emergency and legislative rules in accordance with article three, chapter twenty-nine-a of this code. These rules may include: (1) The manner of reporting the information; (2) promulgation of a form or forms for reporting purposes; (3) a means of providing training to individuals responsible for the completion and submission of the information on the proposed form; (4) a means of reporting back to individual participating public bodies, from time to time, at the request of a public body, on findings specific to that body to allow the public body to evaluate independently the information provided; (5) a limitation that the information is to be used solely for the purposes of this article; (6) safeguards to protect the confidential information as provided in section four of this article; (7) methodology for collection of information and the analysis of the information; (8)protocols for an annual update of the infrastructure resources survey including information collection, analysis, and reporting thereof by the Department of Administration.
(c) Every public body
shall complete an infrastructure resources survey no later than the first day of October, two thousand five and a survey each year thereafter as provided in rules promulgated pursuant to this section.
(d) The Secretary shall file annually a report with the joint legislative oversight commission
on transportation and infrastructure created in section five of this article . The report shall generally advise the joint oversight commission on transportation and infrastructure about the deployment and operation of technology infrastructure in this state and to make recommendations on policy and statutory changes that may be needed. The report shall include the following: (1) A discussion of the connectivity, priorities, and interoperability of the technology infrastructure owned, leased or used by public bodies; (2) a discussion of the technology infrastructure that is owned, leased, operated, or used by the public bodies of the state ; (3) a discussion of technology infrastructure as it affects homeland security, public safety and health, systems reliability and providing continuity of government operations; (4) a discussion of the technology infrastructure identifying potential market demand areas where expanded resources may be expected; (5) a discussion of practices or suggestions to coordinate development of infrastructure related to technology infrastructure and the deployment of services between the public bodies through the coordinated delivery of these systems; and (6) any other discussion that may be beneficial in adequately assessing technology infrastructure.
(e) To the extent technology infrastructure information is readily provided by private persons or otherwise available, the Secretary shall utilize and incorporate that data to fulfill the reporting requirements of this section.
(f) The provisions of this section shall be of no force or effect after the thirty-first day of December, two thousand eight.
§5B-4-4. Confidential information; exemption from disclosure.
(a) Information submitted by a public body as part of the survey that may be a trade secret or otherwise confidential shall be identified by that body as confidential information. The public body claiming confidentiality shall provide written justification to the Secretary at the time the information is submitted stating the reasons for confidentiality and why the information should not be released.
(b) In addition to records or documents that may be considered confidential under this code, confidential information means records, reports or information, or a particular portion or any combination or aggregation thereof, that if made public would present a threat to the safety and security of any system or component relating to the technology infrastructure, and related systems.
(c) Information designated as confidential and the written justification shall be maintained in a file separate from the general records related to the public body. The confidential information will be exempt from disclosure requirements under this code.
(d) Information designated as confidential may be released to the Department of Administration, its employees and agents when compiling and analyzing the infrastructure resources survey information and as may be necessary to develop the report required by this article. Any individual receiving information designated confidential shall protect the information as confidential.
§5B-4-5. Joint legislative oversight commission on transportation and infrastructure.

(a) The President of the Senate and the Speaker of the House of Delegates shall each designate five members of their respective houses, at least one of whom shall be a member of the minority party, to serve on a joint legislative oversight commission charged with immediate and ongoing oversight of transportation and infrastructure matters, specifically including, but not limited to, the ongoing oversight of the management and coordination of the deployment and operation of infrastructure related to technology. This commission shall be known as the "Joint Legislative Oversight Commission on Transportation and Infrastructure" and shall regularly investigate and monitor all matters relating to transportation and infrastructure.
§5B-4-6. Innovation center; chief officer; appointment and qualifications.

There is hereby created an office within the West Virginia Development Office called the Innovation Center. There shall also be a chief officer, who shall be appointed by and shall serve at the will and pleasure of the Governor. The chief officer shall have knowledge in the fields of information technology and telecommunications, business development in these fields and an understanding of the special demands upon entrepreneurship, industry, commerce, culture and public private partnerships.
§5B-4-7. Powers and duties Innovation Center.
(a) The primary responsibility of the Innovation Center is to foster and support economic development and the advancement and commercialization of new and emerging technologies through collaboration agreements between business-industry and the state.
(b) The Innovation Center has the authority and power to provide consulting and additional services, including, but not limited to, evaluation of technology, verification and assessment of market applications, grant administration for any person engaged in public-private collaborations with the West Virginia Development Office pertaining to technology advancement and commercialization activities and research into new areas of economic development relating to technology, technology infrastructure, and telecommunications.
(c)
The Innovation Center may receive and accept from any public body or person or entity of any nature whatsoever grants to be expended in accomplishing the objectives of this article and to receive and accept from the state appropriations, and grants from any public body and from any other source, aid or contributions of either money, property or other things of value to be held, used and applied only for the purposes for which the grants and contributions may be made or collect fees for consulting services rendered to any public body.
(d) The Innovation Center may
accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article and to make a maximum effort to encourage external support for the Center's programs. Any transfer of endowment or other assets to the Center shall be formalized in a memorandum of agreement to assure, at a minimum, that any restrictions governing the future disposition of funds are preserved.
(e) The Council for Community and Economic Development pursuant to its powers created in section three, article four, chapter five B, of this code may
promulgate rules to fulfill the purposes of this section and to carry into effect the purpose and scope of the Innovation Center. Any new rules promulgated by the Council shall be promptly submitted to the joint commission created in section five of this article. These rules are not subject to the provisions of chapter twenty-nine-a of this code, but shall be filed with the secretary of state.
§5B-4-8. Need for study; reporting requirements; information gathering.

(a) The Innovation Center shall enhance well-being, prosperity, economic growth and community development through the ongoing study and research into and development of best known methods regarding the management practices, human factors and cultural changes related to the implementation, operation and utilization of technology, technology infrastructure, and related services. For the purposes of this section, "Best known methods" refer to plans that outline strategies and activities designed to continue, diversify or expand the economic base of the state as a whole; create jobs; develop a highly capable work force; enhance productivity; facilitate business access to capital, including venture capital and capital markets; advertise and market the resources offered by the state with respect to the technology needs of business and industry; facilitate cooperation among state government, entrepreneurship efforts, public private partnerships, universities and colleges; and leverage funding from sources other than the state, including federal and private sources.
(b)
Upon completion of a study of best known methods in private industry and public policy, the chief officer shall file an initial, preliminary report with the joint legislative oversight commission on transportation and infrastructure created in section five of this article no later than the first day of November, two thousand five. The report shall include the following: (1) A discussion that outlines strategies and activities designed to continue, diversify or expand the resources offered by the state with respect to the technology needs of business and industry; (2) a discussion that outlines strategies to facilitate cooperation among state government, local government, entrepreneurship efforts, public private partnerships, colleges and universities, with respect to the technology needs of business and industry; (3) a discussion of the management and utilization of technology infrastructure identifying potential growth areas where expanded resources may be expected; (4) a discussion of practices or methods to coordinate development and utilization of technology infrastructure and the deployment of technology infrastructure and related technology between public bodies through the coordinated delivery of these systems; and (5) any other information that may be beneficial in adequately assessing technology available in determining the need for and the preparation of technology infrastructure plans.
(c) The chief officer shall report annually to the joint oversight commission on transportation and infrastructure to advise the commission about the deployment and operation of technology infrastructure in this state and to make recommendations on policy and statutory changes that may be needed.
(d)
In developing its study, the Innovation Center shall consider resources and technical support available through other agencies, both public and private, including, but not limited to, the state college and university systems; the West Virginia Housing Development Fund; the West Virginia Economic Development Authority; the West Virginia Parkways, Economic Development and Tourism Authority; the West Virginia Chamber of Commerce; regional planning and development councils; regional partnership for progress councils; and state appropriations.
§5B-4-9. Providing technical and funding assistance for innovation; contractual and joint venture agreements.

(a) The Innovation Center may provide assistance, including funding assistance to develop technology infrastructure, and related technology through a matching grant program. The Innovation Center shall establish criteria for awarding matching grants within the limits of funds appropriated by the Legislature for the program or as may be available from other sources.
(b) The Innovation Center may provide technical assistance, including consulting services for a fee to one or more public bodies pertaining to the development of technology and technology infrastructure.
(c) The Innovation Center is authorized to enter into contractual or joint venture agreements with a one or more persons and public bodies pertaining to the development of technology and technology infrastructure provided such agreements may not be considered a debt of the state or a pledge of the credit of the state.
§5B-4-10. Authority of local government to be providers of cable services, telecommunications services, information services, advanced services, broadband services, internet protocol enable services, wireless and broadband internet network services; authority of local government to acquire, develop, construct technology infrastructure; issue bonds.

(a) Local government, directly or indirectly, is authorized and empowered to construct, operate or become a provider of:(1) cable service (as defined in 47 U.S.C. 522(6));(2) telecommunications service (as defined in 47 U.S.C. 153(46));(3) information service (as defined in 47 U.S.C. 153(20));(4) advanced services (as defined in 47 CFR 51.5);(5) broadband service;(6) internet protocol enabled services; and/or(7) wireless and broadband internet network services.
(b) Local government, directly or indirectly, including through an authority or instrumentality acting on behalf of the local government or for the benefit of the local government, by itself, or through intergovernmental agreement with another local government or public body, or by contractual or joint venture agreements with one or more persons, is authorized and empowered to construct, own, use, acquire, deliver, grant, operate, maintain, sell, purchase, lease, and equip technology infrastructure, and by written contract or lease, sell capacity in, or grant other similar rights to a person to use, the technology infrastructure(collectively, for the purposes of this article, the "technology infrastructure system").
(c) Local government is authorized and empowered to issue revenue bonds to pay a portion or all of the costs of the technology infrastructure system authorized by this section.
(d) A local government is authorized to provide those services and construct and operate a technology infrastructure system authorized by this section within and/or without its corporate or governmental boundaries: Provided, That a county commission may not operate within the corporate limits of any municipality without consent of the municipality and that a municipality may not operate outside its corporate limits without the consent of the county commission.
§5B-4-11. Payment of preliminary expenses of surveys, etc.
All necessary preliminary expenses actually incurred by the local government in the making of surveys, estimates of costs and of revenue, employment of engineers or other professionals or agents, the giving of notices, taking of options and all other expenses of whatsoever nature, necessary to be paid prior to the issuance and delivery of the bonds authorized by this article may be met and paid out of the general funds of said local government not otherwise appropriated: Provided, however, That the fund or funds of such local government from which payments are made may be fully reimbursed and repaid by said governing body out of the proceeds of the sale of bonds hereinafter provided for or other monies available to the technology infrastructure system.
§5B-4-12. Ordinance or resolution necessary before acquisition or construction of technology infrastructure.
Before any local government shall issue bonds to finance the construction, acquisition, betterments or improvements to the technology infrastructure system under section ten of this article, the governing body of the local government shall enact an ordinance, adopt a resolution, or issue an order which shall: (a) Set forth a brief and general description of the technology infrastructure system and, if the same are to be constructed, (b) order the construction or acquisition of such technology infrastructure system; (c) direct that revenue bonds of the local government shall be issued pursuant to this article in such an amount as may be found necessary to pay all or a portion of the cost of the technology infrastructure system; and (d) contain such other provisions as may be necessary. Each ordinance, resolution, or order shall be passed on first reading by the governing body at a meeting duly noticed and held.
§5B-4-13. Publication and hearing upon ordinance, resolution or order.

After such ordinance, resolution, or order shall have been passed on first reading, an abstract of the ordinance, resolution, or order, determined by the governing body of the local government to contain sufficient information as to give notice of the contents of such ordinance, resolution, or order, together with the following described notice, shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this Code, and the publication area for such publication shall be the county(s) where the technology infrastructure system will be located, and said notice shall be also provided to the Secretary of the Department of Administration. The notice shall state that said ordinance, resolution, or order has been passed on first reading, and that the local government contemplates the construction or acquisition of the improvements described in the ordinance, resolution, or order and that the local government contemplates the issuance of the bonds described in the ordinance, resolution, or order, and that any person interested may appear before the governing body upon a certain date, which shall not be less than ten days subsequent to the first date of publication of such abstract and notice which shall not be prior to the last date of publication of such abstract and notice, and present protests. At such hearing all objections and suggestions shall be heard and the governing body shall take such action as it shall deem proper.
§5B-4-14. Cost of technology infrastructure system pertaining to the issuance of bonds authorized by the article.

The cost of acquisition, construction, improvements and betterments to the technology infrastructure system shall be deemed to include the cost of acquisition or construction thereof, the cost of all property, rights, easements, and franchises deemed necessary or convenient therefor and for the improvements determined upon as provided in this article; interest upon bonds prior to and during construction or acquisition and for six months after completion of construction or of acquisition of the improvement last mentioned; a reserve account for any such bonds, engineering and legal expenses; expense for estimates of cost and of revenues; expenses for plans, specifications and surveys; other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense; operation and maintenance expenses for the technology infrastructure system both during construction and for a period of not more than twelve month after completion of construction, and such other expenses as may be necessary or incident to the financing herein authorized and the construction or acquisition of the technology infrastructure system and the placing of the technology infrastructure and service in operation and the performance of the things herein required or permitted in connection with any thereof.
§5B-4-15. Bonds not indebtedness of local government.
Any bonds issued under this article may not, in any respect, be a corporate indebtedness of the local government, within the meaning of any statutory or constitutional limitations thereon. All the details of the bonds not set forth by this article shall be determined by ordinance, resolution, or order of the local government.
§5B-4-16. Redemption of bonds; statement on face of bond; negotiability; exemption from taxation; registration; execution; sale; disposition of surplus proceeds; additional and temporary bonds.

Such revenue bonds shall be payable at such times, and shall mature at such time or times as may be determined by ordinance, resolution, or order. Such bonds may be made redeemable before maturity at the option of the local government. The principal and interest of the bonds may be made payable in any lawful medium and said bonds shall be registered. Said ordinance, resolution, or order shall fix the denomination or denominations of such bonds and the place or places of payment of the principal and interest thereof, which may be at any bank or trust company within or without the state or the West Virginia Municipal Bond Commission. The bonds shall contain a statement on their face that the local government shall not be obligated to pay the same or the interest thereon except from the special fund provided from the net revenues of the technology infrastructure system. All such bonds shall be, and shall have and are hereby declared to have all the qualities and incidents of, negotiable instruments under the Uniform Commercial Code of the State. Said bonds shall be exempt from all taxation, state, county and municipal. Such bonds shall be executed by the proper legally elected or duly appointed officers of the local government, and be sealed with the corporate seal of the local government, and in case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers, before delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. Such bonds shall be sold at a price not lower than a price, which when computed upon standard tables of bond values, will show a net return of not more than thirteen percent per annum to the purchaser upon the amount paid therefor, and the bonds may be sold in one or more series. If the proceeds of the bonds, by error of calculation or otherwise, shall be less than the cost of the technology infrastructure system, additional bonds may in like manner be issued to provide the amount of such deficit and, unless otherwise provided in said ordinance, resolution, or order authorizing the issuance of the bonds first issued or in the trust indenture hereinafter authorized, shall be deemed to be of the same issue and shall be entitled to payment without preference or priority of the bonds first issued. Prior to the preparation of the definitive bonds, temporary bonds may under like restrictions be issued with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
§5B-4-17. Additional bonds to extend or improve technology infrastructure system, equal priority with original bonds; application of revenue from bonds; securing bonds by trust indenture.

(a) The governing body of the local government may provide by said ordinance resolution or order authorizing the issuance of the bonds authorized by this article or in the trust indenture hereinafter referred to, that additional bonds may thereafter be authorized and issued, at one time or from time to time under such limitations and restrictions as may be set forth in said ordinance, resolution, order and/or trust indenture, for the purpose of extending, improving or bettering the technology infrastructure system when deemed necessary, such additional bonds to be secured and be payable from the revenues of the technology infrastructure system equally with all other bonds issued pursuant to said ordinance, resolution, or order without preference or distinction between any one bond and any other bond by reason of priority of issuance or otherwise.
(b) All moneys received from any bonds issued pursuant to this article shall be applied solely to the payment of the cost of the construction, acquisition, betterments or improvements to the technology infrastructure system, or to the appurtenant sinking fund, reserve account, and/or operation and maintenance fund, and there shall be and hereby is created and granted a lien upon such moneys, until so applied, in favor of the holders of the bonds or the trustees hereinafter provided for.
(d) In the discretion of the governing body of the local government such bonds may be secured by a trust indenture by and between the local government and a corporate trustee, which may be any trust company or bank having the powers of a trust company. The ordinance, resolution, or order authorizing the bonds and fixing the details thereof may provide that such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the local government in relation to the construction or acquisition of the technology infrastructure system and the improvement, operation, repair, maintenance and insurance thereof. Such indenture may set forth the rights and remedies of the bondholders and/or such trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.
§5B-4-18. Sinking fund; transfer of balance of net revenues.
At or before the issuance of any such bonds the governing body of the local government shall by said ordinance, resolution, or order create a sinking fund, to be remitted to and administered by the West Virginia bond commission, or, if the local government elects to have an indenture, by the trustee thereunder, for the payment of the bonds and the interest thereon, and shall set aside and pledge a sufficient amount of the net revenues of the technology infrastructure system, hereby defined to mean the revenues of the technology infrastructure system remaining after the payment of operation, repair and maintenance expenses, such amount to be paid by the local government into said sinking fund at intervals to be determined by ordinance, resolution, or order which authorizes issuance of the bonds, for: (a) The interest upon such bonds as such interest shall fall due; (b) the necessary fiscal agency charges for paying bonds and interest; (c) the payment of the bonds as they fall due, or, if all bonds mature at one time, the proper maintenance of a sinking fund in such amounts as are necessary and sufficient for the payment thereof at such time. Such required payments shall constitute a first charge upon all the net revenue of the technology infrastructure system. The West Virginia bond commission is hereby authorized to act as fiscal agent for the administration of such sinking fund, under any ordinance, resolution, or order passed pursuant to the provisions of this article, and shall invest all such sinking funds as provided by general law. Notwithstanding the foregoing, payments of principal and interest on any bonds owned by the United States of America or any agency or department thereof may be made by the governing body of the local government directly thereto.
§5B-4-19. Rates for service.
(a) The governing body of the local government shall have power to establish and maintain rates, fees or charges for the use, lease, or grant of the technology infrastructure system and/or services provided to subscribers. The governing body may change and readjust such rates, fees or charges from time to time. The governing body may collect from all new applicants for service a deposit to secure the payment of service rates, fees and charges in the event they become delinquent.
§5B-4-20. Statutory mortgage lien created; foreclosure thereof
There shall be and is hereby created a statutory mortgage lien upon such technology infrastructure system, which shall exist in favor of the holders of bonds hereby authorized to be issued, and each of them, and the coupons attached to said bonds, and such technology infrastructure system shall remain subject to such statutory mortgage lien until payment in full of all principal of and interest on such bonds. Any holder of such bonds, of any coupons attached thereto, may, either at law or in equity, enforce said statutory mortgage lien conferred hereby and upon default in the payment of the principal of or interest on said bonds, may foreclose such statutory mortgage lien in the manner now provided by the laws of the State of West Virginia for the foreclosure of mortgages on real property.
§5B-4-21. Refunding revenue bonds
The governing body of any local government having issued bonds under the provisions of this article is hereby empowered thereafter by ordinance, resolution, or order to issue refunding bonds of local government for the purpose of retiring or refinancing such outstanding bonds, together with any unpaid interest thereon and redemption premium thereunto appertaining and all of the provisions of this article relating to the issuance, security and payment of bonds shall be applicable to such refunding bonds, subject, however, to the provisions of the proceedings which authorized the issuance of the bonds to be so refunded.
§5B-4-22. Complete authority of article; liberal construction.
This article is full and complete authority for carrying out the powers and duties of same as herein provided. The provisions of this article shall be liberally construed to accomplish its purpose and no procedure or proceedings, notices, consents or approvals, are required in connection therewith except as may be prescribed by this article.
_________

(NOTE: The purpose of this bill is to authorize the Department of Administration to conduct an inventory of the technology infrastructure in the state, to create an innovation center to promote technology in the state, and to authorize local government to construct, acquire, own, lease, and sell technology infrastructure system and provide related services in the state.

This article is new; therefore, underscoring and strike- throughs have been omitted.)



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