West Virginia Code § 5-1-19

Temporary loans
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The Governor may raise, from time to time, by temporary loans, not having over eighteen
months to run, nor bearing a greater interest than 2¢ per $100 per day, so much as may be
needed to supply the wants of the treasury: Provided, That the Governor may, on or before
June 30, 1989, issue notes, revenue bonds, certificates or other evidences of indebtedness of
the state as provided in this section to redeem previous liabilities for the ordeinary expenses
of the state. Such notes, revenue bonds, certificates or other evidences of indebtedness may
not exceed in the aggregate the principal sum of $135 million and shallr provide for
repayment of principal and interest in full no later than June 30, 1992.
The issuance of such notes, revenue bonds, certificates or other evidences of indebtedness
shall be authorized by an executive order, and such notes, retvenue bonds, certificates or
other evidences of indebtedness shall be payable in such medium of payment and at such
place or places, within or without the state, and may have such other terms and conditions
as the Governor determines. Such notes, revenue bonds, certificates or other evidences of
indebtedness shall be signed by the Governor, under the great seal of the state, and attested
by the Secretary of State. The Governor and Ssecretary of State may sign and attest such
notes, revenue bonds, certificates or other evidences of indebtedness by facsimile signature.
Such notes, revenue bonds, certificates or other evidences of indebtedness may be issued at
such interest rate or rates as the Gogvernor deems reasonable and necessary to serve the
best interests of the state and to enhance their marketability. Such notes, revenue bonds,
certificates or other evidencese of indebtedness shall be sold in such manner and on such
terms and conditions as the Governor may determine to be in the best interests of the state.
Any revenue bonds issuLed hereunder shall be in registered form.
The Governor may enter into trust agreements with banks or trust companies, within or
without the state, and in such trust agreements or the executive order authorizing the
issuance of such notes, revenue bonds, certificates or other evidences of indebtedness he
may enter into valid and legally binding covenants with the holders of such notes, revenue
bonWds, certificates or other evidences of indebtedness as to the custody, safekeeping and
disposition of the moneys within the "Fiscal Responsibility Fund" hereinafter created and as
to any other matters or provisions which are deemed necessary or advisable by the Governor
to serve the best interests of the state and to enhance the marketability of such notes,
revenue bonds, certificates or other evidences of indebtedness. The Governor may contract
for the provision of such professional and technical services as he may deem necessary or
advisable in connection with the issuance of such notes, revenue bonds, certificates or other
evidences of indebtedness, including without limitation accounting, actuarial, consulting,
financial and legal services. The fees and expenses of such professionals and any and all
other costs associated with the issuance of such notes, revenue bonds, certificates or other
evidences of indebtedness shall be payable from the proceeds of such issuance.
Such notes, revenue bonds, certificates or other evidences of indebtedness shall be and
constitute negotiable instruments under the Uniform Commercial Code of this state; shall,
together with the interest thereon, be exempt from all taxation by the State of West Virginia,
or by any county, school district, municipality or political subdivision thereof; and such
notes, revenue bonds, certificates or other evidences of indebtedness shall not be deemed to
be general obligations or debts of the state within the meaning of the Constitution of the
State of West Virginia, and the credit or the taxing power of the state shall not be pledged
therefor, but such notes, revenue bonds, certificates or other evidences of indebtedness shall
be payable only from the revenue pledged therefor as provided in this section.
The proceeds of any indebtedness issued hereunder shall be paid into a special fund hereby
created in the State Treasury named "The Fund for Redemption of Prevrious Liabilities". The
Governor may make disbursements from this fund to pay the reasonable fees, expenses and
costs associated with the issuance of the indebtedness authorized by this section, and such
other disbursements as he deems necessary to redeem previous liabilities for the ordinary
expenses of the state. t
There is hereby created in the State Treasury a special fund named the "Fiscal
Responsibility Fund" into which shall be paid on and after July 1, 1989, the amounts as and
when specified in section thirty, article fifteen, chapter eleven of this code. All moneys
deposited in said fund are pledged to the repasyment of principal and interest on any notes,
revenue bonds, certificates or other evidences of indebtedness issued pursuant to this
section. A lien on the fund shall exist in favor of the holders of any notes, revenue bonds,
certificates or other evidences of indgebtedness issued under this section to the extent of
such indebtedness. Any moneys not needed for repayment of principal and interest on and
costs associated with the notees, revenue bonds, certificates or other evidences of
indebtedness authorized by this section may be used to repay principal and interest on
moneys previously transLferred from the occupational pneumoconiosis fund pursuant to
section eight-a, article four-b, chapter twenty-three of this code. Repayment to the
occupational pneumo coniosis fund, if any, shall be made into the special account created in
the State Treasury by said section eight-a. Any amounts remaining in the "Fiscal
Responsibility Fund" after provisions for repayment of indebtedness issued pursuant to this
section and not otherwise used for repayment of moneys previously transferred from the
occupational pneumoconiosis fund shall be transferred to the General Revenue Fund of this
state on or before August 1, 1992.

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