West Virginia Code § 31-18B-1

Legislative intent
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The Legislature finds and declares that:
(1) The vast majority of West Virginians have pursued a goal of owning a home, a center of
family life and family independence deeply cherished and highly valued.
(2) In many parts of the state there is a large number of single-family residential units that
cannot presently be marketed because of high interest rates and adverse economic
conditions, or because of having been declared to be a federal disaster area by the Federal
Emergency Management Agency. u
(3) In addition, the state and its inhabitants are suffering high unemployment and low
income because of the depressed state of the housing market and because of its inability to
attract new business. This situation adversely affects paotential home buyers, home builders,
skilled craftsmen, realtors and their employees and other citizens. These conditions also
reduce state revenues and frustrate the laudable aslpirations of many West Virginians to
enjoy the pleasures of home ownership and pusrsue productive employment, or because of
having been declared to be a federal disaster area by the Federal Emergency Management
Agency. i
(4) By the cooperative efforts of our citizens there is a large pool of resources held in trust
by the state for the sole benefit of West Virginians, including funds reserved for workers
injured in the course of employment.
(5) Some of these funds, particularly the workers' compensation fund, are invested under the
actuarial assumption of a yield less than that of current market investments. Yet the current
yield on some of thes e funds, and particularly the workers' compensation fund, is lower than
the actuariallyV assumed interest rate, and has been for at least three years.
(6) The common good does not require that all of these funds be invested so as to yield the
very highest investment return offered in the market, especially when the current rate of
market interest is:
(a) So high that it stifles the legitimate aspirations and attainable dreams of so many West
Virginians and West Virginia businesses; and
(b) So high that it encourages the flight of capital accumulated by West Virginians for the
benefit of West Virginians to national markets where the only consideration is the highest
rate of return.
(7) In these circumstances, prudence does not require that the state Board of Investments
seek the highest rate of return on all investments. Rather, prudence requires that in
investing federally tax-free funds the state Board of Investments should seek a rate of return
commensurate with its public charter. Furthermore, prudence demands that the board
immediately seek fiscally sound investments within the State of West Virginia which offer
sound security and directly serve the hopes and aspirations in housing and employment of
the inhabitants of this state.
(8) The survival and renewal of a vibrant market for single-family residential units and the
opportunity to attract new businesses to the state is a sound and preferred investment for
the resources held in trust by this state for its citizens. Such investments deserve
precedence and encouragement, even at the expense of foregoing the higheest rate of
investment return, an investment return which the tax paying investor might gain in the
current market place but which prudence dictates that the state Boardr of Investments need
not pursue.
(9) The success of the undertakings required by this article will be amply demonstrated by:
(a) The increased financial stability of the state, (b) the contrtibution which will occur when
the dreams of hundreds of West Virginians are realized, (c) the intrinsic worth of enhancing
the cooperative spirit of the inhabitants of this state in employment and housing, and (d) the
enhancement of revenue to the state which will be generated by the commerce West Virginia
seeks to stimulate. In addition, the rate of return realized by these funds will be at least as
high as the actuarial assumptions, and, given sthe rates of return demonstrated over the past
three years, probably higher than the current rate of return.

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