
COMMITTEE SUBSTITUTE
FOR
H. J. R. 104
(By Mr. Speaker, Mr. Kiss, and Delegates
Douglas, Mezzatesta, Fleischauer, Martin, Michael and Warner)
(Originating in the House Committee on Constitutional Revision)
[January 27, 2000]
Proposing an amendment to the Constitution of the State of West
Virginia authorizing the issuing and selling of state bonds in
an amount not exceeding two hundred million dollars and the
equal distribution of the proceeds thereof among the
senatorial districts of this state to be used solely for the
construction, extension, expansion, rehabilitation, repair and
improvement of water supply and sewage treatment systems and
for the acquisition, preparation, construction and improvement
of sites for economic development in this state; numbering and
designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed
amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each House agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to
the voters of the State at the general election to be held in the
year two thousand, which proposed amendment is to read as follows:
INFRASTRUCTURE 2000 AMENDMENT.
I. The Legislature shall have power to authorize the issuing
and selling of state bonds not exceeding in the aggregate two
hundred million dollars, which shall be in addition to all other
bonds heretofore authorized.
II. The proceeds of said bonds hereby authorized to be issued
and sold shall be appropriated equally among the senatorial
districts of this state and shall be used solely for the
construction, extension, expansion, rehabilitation, repair and
improvement of water supply and sewage treatment systems and for
the acquisition, preparation, construction and improvement of sites
for economic development in this state in a manner and subject to
such conditions, qualifications and requirements as shall be
prescribed by general law. Such bonds may be issued in registered
form at such time or times, in such amount or amounts and in such
denominations as the Legislature shall authorize.
III. When a bond issue as above is authorized, the
Legislature shall, at the same time, provide for the irrevocable
dedication, prior to the application of such tax proceeds for any
other purpose, of the following moneys: first, of an annual
portion of any gross receipts tax which is then currently imposed on businesses that sever, extract and, or produce natural
resources
within this state; and second, from the general revenue fund of
this state, which will be sufficient to pay, as it may accrue, the
interest on such bonds and the principal thereof, within and not
exceeding thirty years.
IV. When a bond issue as aforesaid is authorized, the
Legislature shall at the same time provide for the collection of an
additional annual state tax sufficient to pay as it may accrue the
interest on such bonds and the principal thereof within and not
exceeding thirty years. Such tax shall be levied in any year only
to the extent that the moneys previously dedicated in paragraph
three of this amendment irrevocably set aside and appropriated for
and applied to the payment of the interest on and the principal of
said bonds are insufficient therefore. Any of the covenants,
agreements or provisions in the acts of the Legislature levying and
dedicating such taxes shall be enforceable in any court of
competent jurisdiction by any of the holders of the bonds.
V. The Legislature shall have power to enact legislation to
implement the provisions of this amendment.

Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such amendment is
hereby numbered "Amendment No. 1" and designated as the "Infrastructure 2000 Amendment" and the purpose of the proposed
amendment is summarized as follows: "To allow the issuing and
selling of not more than two hundred million dollars in general
obligation bonds of the state, the proceeds of which will be evenly
divided among all senatorial districts of this state and used to
finance the construction and improvement of water systems and
sewage systems and the acquisition and improvement of economic
development sites in this state."
FINANCE COMMITTEE AMENDMENT
On page two, line six, following the words "as follows" and
the colon, by striking out the remainder of the resolution and
inserting in lieu thereof the following:
INFRASTRUCTURE 2000 AMENDMENT.
I. The Legislature shall have power to authorize the issuing
and selling of state bonds not exceeding in the aggregate two
hundred million dollars, which shall be in addition to all other
bonds heretofore authorized.
II. The proceeds of the bonds hereby authorized to be issued
and sold shall be used solely for the construction, extension,
expansion, rehabilitation, repair and improvement of water supply
and sewage treatment systems and for the acquisition, preparation,
construction and improvement of sites for economic development in
this state in a manner and subject to such conditions,
qualifications and requirements as shall be prescribed by general
law. The proceeds of the bonds authorized by this amendment
that
are allocated by the Legislature to be used for the construction,
extension, expansion, rehabilitation, repair and improvement of
water supply and sewage treatment systems
shall be allocated
as
equally as practical among the senatorial districts of this state
as the districts are established by general law on the date this
amendment is ratified.
Such bonds may be issued in registered form
at such time or times, in such amount or amounts and in such
denominations as the Legislature shall authorize.
III. When a bond issue as aforesaid is authorized, the
Legislature shall, at the same time, provide for the irrevocable
dedication, prior to the application of such tax proceeds for any
other purpose, of an annual portion of any gross receipts tax which
is then currently imposed on businesses that sever, extract and, or
produce natural resources within this state which will be
sufficient to pay, as it may accrue, the interest on such bonds and
the principal thereof, within and not exceeding thirty years and
all such taxes so levied and the additional tax hereinafter
described shall be irrevocably dedicated to such purpose until such
principal and interest on such bonds are finally paid and
discharged: Provided, That when a bond issue as aforesaid is
authorized, the Legislature shall at the same time provide for the
collection of an additional annual state tax sufficient to pay as
it may accrue the interest on such bonds and the principal thereof
within and not exceeding thirty years: Provided, however, That
such additional tax shall be levied in any year only to the extent
that the moneys from the tax previously dedicated herein, and such
additional moneys as may be appropriated by the Legislature for
payment thereof, are insufficient to pay, as it may accrue, the
interest on the bonds and the principal thereof as described above.
Any of the covenants, agreements or provisions in the acts of the
Legislature levying and dedicating such taxes shall be enforceable
in any court of competent jurisdiction by any of the holders of the
bonds.
IV. The Legislature shall have power to enact legislation to
implement the provisions of this amendment.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such amendment is
hereby numbered "Amendment No. 1" and designated as the
"Infrastructure 2000 Amendment" and the purpose of the proposed
amendment is summarized as follows: "To allow the issuing and
selling of not more than two hundred million dollars in general
obligation bonds of the state to be used to finance the
construction and improvement of water systems and sewage systems
and the acquisition and improvement of economic development sites
in this state and providing that the portion of the proceeds of the
bonds allocated for the construction, extension, expansion,
rehabilitation, repair and improvement of water supply and sewage
treatment systems
shall be evenly divided among the senatorial
districts of this state
.
FINANCE COMMITTEE TITLE AMENDMENT
Com. Sub. for H. J. R. 104 -- "
Proposing an amendment to the
Constitution of the State of West Virginia authorizing the issuing
and selling of state bonds in an amount not exceeding two hundred
million dollars to be used solely for the construction, extension,
expansion, rehabilitation, repair and improvement of water supply
and sewage treatment systems and for the acquisition, preparation,
construction and improvement of sites for economic development in
this state; requiring the equal distribution of
the portion of the
proceeds of the bonds allocated for the construction, extension,
expansion, rehabilitation, repair and improvement of water supply
and sewage treatment systems
among the senatorial districts of this
state; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
"