West Virginia Code § 12-6-19

Authorization for loans by the board
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(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 $21,000,000
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 one 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 srubsection 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 managtement 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 $137,000,000 for the purposes of financing construction of regional
jails, correctional facilities or building extensisons 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 governmgent 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 ecommission shall borrow money as needed by the regional jail
and correctional facility authority. The investment management board shall transfer loan
proceeds to the authoritLy 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 te rm 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
recWeived 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
January 15, 1997: 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 $12,000,000 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.

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