ENROLLED
Senate Bill No. 1003
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
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[Passed April 20, 1997; in effect from passage.]
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AN ACT to amend and reenact section nineteen, article six,
chapter twelve of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to increasing
the amount of borrowing authorized from the consolidated
fund by the state building commission for construction of
regional jails and correctional facilities; clarifying
procedures for the loans; and setting priorities for use of
the loan proceeds.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article six, chapter twelve of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§12-6-19. Authorization for loans by the board.
(a) The board, upon request of the state building
commission, shall transfer moneys as a loan to the state building
commission in an amount not to exceed in the aggregate twenty-one million dollars for the purposes of financing or refinancing the
projects specified in subsections (b) and (d), section eight,
article six, chapter five of this code. The money borrowed shall
bear interest during the term of the loan at a fixed rate not to
exceed the interest rate on treasury notes, bills or bonds of the
same term as the term of the loan the week of closing on the loan
as reported by the treasury of the United States. Loans made
under this subsection shall be repaid in regular monthly or
semiannual payments, or as funds are made available by the budget
office of department of administration, and shall be paid in full
not later than twenty-five years from the date the loans are made
with terms and conditions mutually agreed upon by the state
building commission and the investment management board.
(b) The state investment management board shall upon
request of the state building commission transfer moneys as a
loan to the state building commission in an amount not to exceed
in the aggregate one hundred thirty-seven million dollars for the
purposes of financing construction of regional jails,
correctional facilities or building extensions or improvements to
regional jails and correctional facilities. Prior to the
expenditure of any loan proceeds, the regional jail and
correctional facility authority shall certify a list of projects
to the state building commission and the joint committee on
government and finance that shall be funded from loan proceeds.
This certified list cannot thereafter be altered or amended other
than by legislative enactment. The state building commission shall borrow money as needed by the regional jail and
correctional facility authority. The investment management board
shall transfer loan proceeds to the authority for expenditure.
The money borrowed shall bear interest during the term of the
loan at a fixed rate not to exceed the interest rate on treasury
notes, bills or bonds of the same term as the term of the loan
the week of closing on the loan as reported by the treasury of
the United States.
(c) The regional jail and correctional facility authority
shall expend the loan proceeds received under the provisions of
subsection (b) of this section to proceed with the projects
included in the letter submitted to the joint committee on
government and finance dated the fifteenth day of January, one
thousand nine hundred ninety-seven: Provided, That the letter
shall not be construed to prioritize any project or projects
which are included in the letter: Provided, however, That the
authority may also expend loan proceeds for any expansion to any
existing regional jail or any expansion to a regional jail under
construction upon the effective date of this section.
(d) Loans made under this section for the projects
specified in subsection (b) of this section and in subsection
(d), section eight, article six, chapter five of this code, shall
be repaid in annual payments of not less than twelve million
dollars per year by appropriation of the Legislature to the
board. The amount transferred for loans under subsection (a) or (b) of this section shall not exceed that amount which the board
determines is reasonable given the cash flow needs of the
consolidated fund. The board shall make transfers for loans
first for the project specified in subsection (d), section eight,
article six, chapter five of this code, second for the projects
specified in subsection (b) of this section and third for
projects specified in subsection (b), section eight, article six,
chapter five of this code, which are in imminent danger of
default in payment. The board shall take the steps necessary to
increase the liquidity of the consolidated fund over a period of
the next five years to allow for the loans provided in this
section without increasing the risk of loss in the consolidated
fund.