H. B. 3198
(By Delegates G. White, Mezzatesta, Leach, Varner,
Stalnaker and Proudfoot)
(Originating in the Committee on Finance)
[February 26, 2003]
A BILL to amend and reenact article twenty-two, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section,
designated section eighteen-d, relating to certification and
contingent certification of certain economic development,
capital improvement and infrastructure projects as eligible
for public financial support; revocation of certification;
civil action bond; conflicts of law; and circumstances under
which bonds may not be sold.
Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen-d, to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18d. Legislative findings; certification of economic
development projects; contingent certification of economic development projections; construction.
(a) Legislative findings and declarations. - The Legislature
finds and declares that:
(1) In order to attract new business, commerce and industry to
this state, to retain existing business and industry providing the
citizens of this state with economic security and to advance the
business prosperity of this state and economic welfare of the
citizens of the state, it is necessary to provide public financial
support for constructing, equipping, improving and maintaining
economic development projects, capital improvement and
infrastructure projects which promote economic development in this
state; and
(2) Public financial support for projects that promote
economic development shall be made available from the net proceeds
from the sale of the revenue bonds issued by the economic
development authority pursuant to the provisions of subsection (d),
section eighteen-a of this article; and
(3) The net proceeds available under subsection (d), section
eighteen-a of this article shall be payable only to certain
political subdivisions and instrumentalities of this state or to
such organizations as are exempt from federal income tax under
paragraph (3), subsection (c), section five hundred one of the
United States internal revenue code of one thousand nine hundred
eighty-six, as amended, to finance in whole, or in part, certain
projects approved by the economic development grant committee
created in subsection (d) of said section eighteen-a, except as otherwise provided by the Legislature.
(b) Certification of projects that promote economic
development. - The following economic development, capital
improvement and infrastructure projects are certified as eligible
for public financial support in that they involve the construction,
equipping, improvement or maintenance which promote economic
development in this state:
(1) City of Wheeling urban renewal authority for its Wheeling
victorian outlet center project, in the amount of seventy million
dollars;
(2) Barbour County development authority for its Belington
industrial park project, in the amount of six hundred fifty
thousand dollars;
(3) Eastern West Virginia regional airport authority for its
airport terminal expansion project, in the amount of one million
dollars;
(4) Marshall university research corporation for its
biotechnology development center project, in the amount of six
million dollars;
(5) Our Jobs, Our Children Our Future, Inc. for its new
business facility project, in the amount of nine hundred ninety
thousand dollars;
(6) Tri-State transit authority for its project related to
Pullman Square, in the amount of ten million six hundred thousand
dollars;
(7) Hampshire County development authority for its hotel, conference and wellness center project, in the amount five million
four hundred thousand dollars;
(8) Hardy County rural development authority to purchase land
now owned by the federal government, in the amount of one million
dollars;
(9) Town of Moorefield for its wastewater treatment plant
project, in the amount of five million dollars;
(10) City of Bridgeport for its Charles Point project, in the
amount of six million dollars;
(11) Jefferson County board of education for its new high
school project, in the amount of six million dollars;
(12) Jefferson County development authority for its
manufacturing facility project, in the amount of two hundred eighty
thousand dollars;
(13) Chemical alliance zone for its biotechnology incubator
project, in the amount of one million five hundred thousand
dollars;
(14) City of Charleston for its new minor league baseball park
project located in the warehouse district, in the amount of twelve
million dollars;
(15) Kanawha County commission for its motor sports park
project, in the amount of seven million seven hundred twenty-four
thousand dollars;
(16) West Virginia university for its new state fire academy
project at Jackson's Mill, in the amount of two million dollars;
(17) Lincoln County board of education for expansion of Lincoln high school, in the amount of one million five hundred
thousand dollars;
(18) West Virginia department of health and human resources
for its Man area health clinic project, in the amount of one
million dollars;
(19) West Virginia division of natural resources for its lodge
and recreational center project in Logan County, in the amount of
eight million five hundred thousand dollars;
(20) West Virginia high tech consortium for its I-79
technology park project, in the amount of eleven million, three
hundred thirty-four thousand dollars;
(21) Marshall County commission for its improvement and
construction project at Grand Vue park, in the amount of one
million two hundred fifty thousand dollars;
(22) City of Point Pleasant for its Point Pleasant river front
park project, in the amount of one million two hundred thousand
dollars;
(23) McDowell County economic development authority for its
McDowell county correctional facility project, in the amount of
five million two hundred thousand dollars;
(24) Mingo County redevelopment authority for expansion
project at the Mingo County woods products industrial park, in the
amount of three million dollars;
(25) Mingo County redevelopment authority for its Belo
industrial park project, in the amount of two million dollars;
(26) City of Morgantown for its public theater and marina project, in the amount of thirteen million nine hundred thousand
dollars;
(27) West Virginia university for its research park project,
in the amount of five million dollars;
(28) National biometric security project for development of
its biometric technology project, in the amount of two million
dollars;
(29) Advantage valley partners for its business park project,
in the amount of three million two hundred twenty-eight thousand
three hundred two dollars;
(30) Putnam County development authority for its Putnam
business park project, in the amount of one million, four hundred
eighty thousand dollars;
(31) Putnam County development authority for new construction
and renovation at its West Virginia Steel Poca facility project, in
the amount of three hundred thousand dollars;
(32) Putnam County development authority for construction of
a steel building for its new business project, in the amount of one
hundred thousand dollars;
(33) City of Beckley and Raleigh County airport authority for
the X-Quad commerce center project and expansion of the Raleigh
County memorial air industrial park project, in the amount of
twelve million dollars;
(34) Randolph County development authority for its tourism
development project, in the amount of one million six hundred
thousand dollars; and
(35) Mid-Ohio valley regional council for its electronic
polymer recycling project, in the amount of four million three
hundred thousand dollars, all as previously approved by the
economic development committee and subject to the same conditions,
restrictions and requirements, if any, as set forth in letters the
economic development committee sent to each of these grant
recipients.
(c) Contingent certification of economic development projects.
- In the event net proceeds remain after fully funding the projects
listed in subsection (b) of this section, these proceeds are
awarded to the following projects which are hereby certified
contingent upon and to the extent public moneys are available, and
in the order stated:
(1) Ohio County commission for its fort henry project, in the
amount of thirty million dollars;
(2) Berkeley County round house authority for its downtown
redevelopment project, in the amount of six million eight hundred
twelve thousand three hundred four dollars;
(3) Jefferson County development authority and Berkeley county
development authority for their regional business park project, in
the amount of five million three hundred eighty-eight thousand
dollars;
(4) Braxton County development authority for its motorsports
entertainment complex project, in the amount of thirteen million
dollars;
(5) West Virginia institute of technology for its phase II technology community project, in the amount of two million eight
hundred thousand dollars;
(6) Greenbrier theater company for its Greenbrier valley
theater project, in the amount of one million seven hundred thirty-
six thousand one hundred fifty-nine dollars;
(7) Hancock County commission for its manufacturing equipment
project, in the amount of thirteen million dollars;
(8) Hardy County rural development authority for its child
care center expansion project, in the amount of five hundred
thousand dollars;
(9) Hardy County rural development authority for its museum
and convention center project, in the amount of three million
dollars;
(10) Silverton public service district for its wastewater
project, in the amount of one million seven hundred fifty thousand
dollars;
(11) Lewis County economic development authority for its
business modernization project, in the amount of five hundred forty
thousand dollars;
(12) Lewis County economic development authority for its
Stonewall Jackson resort project, in the amount of five million,
four hundred thousand dollars;
(13) City of Fairmont for its parking garage project, in the
amount of two million five hundred thousand dollars;
(14) West Virginia high tech consortium for its I-79
technology park project, in an additional amount of two million five hundred thousand dollars;
(15) Monongalia County development authority for its newlink
genetics relocation project, in the amount of three million five
hundred thousand dollars;
(16) Mountain state university for its parking facility
project, in the amount of five million sixty-one thousand one
hundred eighty-five dollars;
(17) Tucker County commission for its industrial park project,
its "911" enhancement project, its five rivers library project, its
Parson's commerce center project and its Thomas revitalization
project, in an aggregate amount of six million two hundred six
thousand dollars;
(18) Wayne County economic development authority for its black
diamond project, in the amount of one million, twenty thousand
dollars; and
(19) West Virginia division of natural resources for its lodge
expansion project at twin falls resort state park, in the amount of
four million eight hundred thousand dollars, all as previously
contingently approved by the economic development committee.
(d) The certification of the projects described in subsections
(a) and (b) of this section shall be revoked by the development
office if the development office determines that the project no
longer substantially meets the criteria that the project was found
to have met as a condition of the economic development grant
committee's original certification.
(e) Any person instituting a legal action that in any manner challenges the funding of the projects described in this section
shall be required to give bond in the amount of the funding for the
project as set forth in this section as a condition precedent to
instituting the action.
(f) Construction. --
(1) In the event there is any conflict between language in
this section and that in any other section of this code, the
language of this section shall control.
(2) In the event a court of competent jurisdiction holds any
language in this section to be unconstitutional and a court of
competent jurisdiction holds that any language in subsection (d),
section eighteen-a of this article is unconstitutional, then no
revenue bonds may be sold by the economic development authority as
provided in said subsection (d).
Note: The purpose of the bill is to certify that certain
economic development, capital improvement or infrastructure
projects are eligible for public financial support in that they
involve the construction, equipping, improvement and maintenance
which promote economic development in this state. The public
funding for those projects will be provided from the proceeds of
revenue bonds sold by the West Virginia Economic Development
Authority. In the event there remains a balance of such moneys,
after the projects in subsection (b) are funded, the projects in
subsection (c) shall be funded in the order stated but otherwise as
provided in subsection (c), to the extent moneys are available.
§29-22-18d is new; therefore, strike-throughs and underscoring
have been omitted.