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Introduced Version - Originating in Committee Senate Concurrent Resolution 60 History

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Senate Concurrent Resolution No. 60

(By Senators Helmick, Sharpe, Chafin, Plymale, Prezioso, Edgell, Love, Bailey, Bowman, McCabe, Unger, Dempsey, Boley, Minear, Facemyer, Guills and Sprouse)

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[Originating in the Committee on Finance;


reported March 7, 2003.]

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Authorizing the issuance of revenue bonds to provide new capital improvements consisting of facilities, buildings and structures for state institutions of higher education.

Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by section eight, article ten, chapter eighteen-b of the code of West Virginia and section one, article twelve-b, chapter eighteen of the code; and
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the code provides for the allocation and appropriation of net profits of state lottery funds; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the code, a special revenue fund within the state lottery fund in the state treasury was established and known as the "State Excess Lottery Revenue Fund". This fund provides for ten million dollars to be deposited within the state lottery fund to a subaccount to be known as the "Higher Education Improvement Fund for Higher Education"; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the code, the adoption of a concurrent resolution by the Legislature will authorize the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund. The bonds will be issued by the Higher Education Policy Commission, payable from proceeds from the Higher Education Improvement Fund within the state excess lottery revenue fund and from revenues pledged from a combination of tuition and registration fees. The lottery director shall deposit into the state excess lottery revenue fund, created pursuant to section eighteen-a, article twenty-two, chapter twenty- nine of the code, the sum of ten million dollars in each fiscal year to be used to pay debt service on the revenue bonds issued by the Commission to finance improvements for state institutions of higher education. The revenues pledged for the repayment of principal and interest of these bonds shall include tuition and registration fees authorized by sections one and eight, article ten, chapter eighteen-b of the code and section one, article twelve-b, chapter eighteen of the code; and
Whereas, Except as may otherwise be expressly provided by the Commission, every issue of its bonds shall be special obligations of the Commission, payable solely from the tuition and registration fees or other sources available to the Commission which were pledged therefor; and
Whereas, The bonds shall be authorized by resolution of the Commission and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds by the Higher Education Policy Commission to provide new capital improvements consisting of facilities, buildings and structures for state institutions of higher education; and, be it
Further Resolved, That, except as may otherwise be provided by the Commission, every issue of its bonds shall be special obligations of the Commission, payable solely from the tuition and registration fees or other sources available to the Commission which were pledged therefor, including the higher education improvement fund; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Commission.
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