Senate Bill No. 532

(By Senators Boley, Helmick, Walker, Jones, Manchin,

Yoder and Wehrle)

[Introduced March 22, 1993; referred to the Committee
on Finance.]

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A BILL to amend and reenact sections two, four, five, six and seven, article six-a, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section six-a, all relating to the division of debt management; legislative findings; definitions; powers and duties; debt information reporting; limitation on authority of agencies to incur bonded debt; and promulgation of rules.

Be it enacted by the Legislature of West Virginia:
That sections two, four, five, six and seven, article six-a, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section six-a, all to read as follows:
ARTICLE 6A.

THE DEBT MANAGEMENT ACT.

§12-6A-2. Legislative findings and declaration of public
necessity.
(a) The Legislature hereby finds and declares that efficient and effective state government requires the designation of an authority having responsibility for procuring, maintaining and reporting pertinent information relating to the debt of the state and its agencies, boards, commissions and authorities. In addition to other duties and powers delegated to the state board of investments by this article, the board shall perform the functions and duties necessary to enable it to serve as a central information source concerning the i?ncurrence, recording and reporting of debt issued by the state, its agencies, boards, commissions and authorities.
(b) The Legislature hereby finds:
(1) The credit rating and acceptance of bonds, notes, certificates of participation and other securities and indebtedness of the state and its spending units have been unstable as a result of the instability in traditional national and international markets of goods and services produced by the citizens of the state.
(2) In order to finance essential capital projects for the benefit of the citizens of the state at the lowest possible cost, the state must maintain high levels of acceptance of the indebtedness of the state and its spending units in the financial markets.
(3) In order to attain these goals, authorization of state debt must be based on the ability of the state to meet its totaldebt service requirements, in light of other uses of its fiscal resources.
(c) The Legislature hereby finds that the economic well being of the citizens of the state will be enhanced by revitalizing existing industrial and commercial enterprises, promoting development of new industrial and commercial enterprises, promoting export development, providing economical health care facilities, providing solid waste disposal facilities, providing water facilities and waste water facilities, developing economical, reliable and environmentally compatible sources of energy for all types of public and private consumption, providing capital improvement facilities for citizens and the governments that serve them and providing financial assistance to political subdivisions of the state.
(d) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of industrial or commercial enterprises; the development of health care facilities, solid waste disposal facilities, water facilities, waste water facilities and capital improvement facilities for the state and its political subdivisions; the promotion of export development; and the development of reliable, affordable, efficient and environmentally compatible sources of energy for all types of public and private consumption.
(c) (e) The Legislature hereby further finds that the public policies and responsibilities of the state as set forth in this article cannot be fully attained without the creation of a state division of debt management with comprehensive and extensive powers therein to oversee the issuance and management of debt by the state and its authorities, that the foregoing are public purposes and uses for which public moneys may be expended.
§12-6A-4. Definitions.

For the purpose of this article:
"Debt" means bonds, notes, certificates of participation, certificate transactions, capital leases and all other forms of securities and indebtedness.
"Division" means the division of debt management.
"Professional services" means financial advisors, attorneys, agents, securities firms, bond insurance companies and similar institutions.
"State" means the state of West Virginia.
"Spending unit" means any of the state's agencies, boards, commissions, committees, authorities or other of its entities with the power to issue debt and secure such debt, and not including local political subdivisions of the state.
§12-6A-5. Powers and duties.

The division of debt management shall perform the following functions and duties necessary to oversee the reporting, issuance and management of debt issued by the state and its spending units, including the following:
(1) Develop a long-term debt plan including criteria for the issuance of debt by the state and its spending units, and the continuous evaluation of the current and projected debt of the state and its spending units, and an evaluation of how much total debt of the state and its spending units is justified at any particular time.
(2) Evaluate cash flow projections relative to proposed and existing revenue bond issues.
(3) Act as liaison with the Legislature on all debt matters, including, but not limited to, new debt issues and the status of debt issued by the state and its spending units.
(4) Assist the state and its spending units regarding the issuance of debt is requested. The responsibility of assisting and overseeing the state and its spending units regarding the issuance of their debt, and acting as liaison with the bond market and its institutions and professions including financial advisors, attorneys, agents, and personnel from securities firms, rating agencies, bond insurance companies, or similar institutions.
(5) Establish reporting requirements for the issuance of debt by the state and its spending units pursuant to the provisions of this article.
(6) Make and execute contracts and other instruments and pay the reasonable value of services or commodities rendered to the division pursuant to those contracts.
(7) Contract, cooperate or join with any one or more othergovernments or public agencies, or with any political subdivision of the state, or with the United States, to perform any administrative service, activity or undertaking which any such contracting party is authorized by law to perform, including the issuance of bonds, and to charge for providing such services and expend any fees collected.
(8) The formulation of rules, from time to time, to carry out the issuance and management of debt by the state and its authorities, and to carry out any other functions described in this section.
(8) (9) Do all things necessary or convenient to effectuate the intent of this article and to carry out its powers and functions including, but not limited to, overseeing the making of debt service payments, the sale of financial obligations, and staff assistance on all debt-issuing activities by the state and its authorities.
§12-6A-6. Debt information reporting.

(1) Within fifteen days following the end of each calendar quarter, each state spending unit shall provide the division and the legislative auditor, in the manner provided by this article and in such form and detail as the state board of investments may by regulation require, a statement of the total debt of each such state spending unit incurred during the calendar quarter and owing at the end of such calendar quarter, which statement shall include, but not be limited to, the name of the state spending unit, the amounts and types of debt incurred during the calendarquarter and outstanding at the end of the calendar quarter, the cost and expenses of incurring the debt, the maturity date of each debt, the terms and conditions of the debt, the current debt service on the debt, the current interest rate on the debt, the source of the proceeds utilized for repayment of the debt, the amounts of repayment during the calendar quarter, the repayment schedule and the security for the debt.
(2) Not less than fifteen days prior to a proposed offering of debt to be issued by a state spending unit, written notice of such proposed offering and the terms thereof shall be given to the division by such state spending unit in such form as the division may by regulation require.
(3) (2) Within thirty days following the end of each calendar quarter and on an annual basis the state board of investments shall prepare and issue a report of all debt of the state and its spending units and of all proposed debt issuances of which the board has received notice and shall furnish a copy of such report to the governor, the president of the Senate, the speaker of the House of Delegates, the legislative auditor and upon request to any legislative committee and any member of the Legislature and such report shall be kept available for inspection by any citizen of the state.
§12-6A-6a. Limitation on authority of spending units to incur debt.

(a) Notwithstanding any provisions of this code to the contrary, no spending unit except the housing development fund,may incur bonded debt, except as provided for by the provisions of this article.
(b) All other provisions of the West Virginia code notwithstanding, prior to seeking initial or additional appropriations from the Legislature to be used to pay debt service on bonds, notes, certificates of participation, certificate transactions, capital leases and all other forms of securities and indebtedness, and prior to issuing bonds, notes and other forms of debt, all spending units and all individuals, agencies, authorities, boards, commissions, corporations or other entities of, or representing the state with power to issue bonds, shall submit such proposals for review and approval to the division of debt management in compliance with such rules as set forth by the division of debt management.
(c) Additionally, all spending units and all individuals, agencies, authorities, boards, commissions, corporations or other entities of, or representing the state with power to issue bonds, notes, certificates of participation, certificate transactions, capital leases and all other forms of securities and indebtedness, with debt service to be paid by special revenue accounts or from revenues raised from the fees generated from the project shall submit such proposals for review and approval to the division of debt management in compliance with such rules as set forth by the division of debt management.
§12-6A-7. Promulgation of rules.

The division of debt management shall promulgate rulesrelating to reporting requirements, providing for procurement of professional services which will ensure the best quality professional services at a reasonable cost to the state, as well as procedures for long term debt management and planning, and its duties under this article and the rules shall be promulgated in accordance with the provisions of article three, chapter twenty- nine-a of this code.



NOTE: The purpose of this bill is to authorize the Division of Debt Management to have debt oversight authority to approve or disapprove the issuance of bonds by the state and its spending units.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Section six-a is new; therefore, strike-throughs and underscoring have been omitted.