HB 227 — Relating to a public charter school’s application for funding

WEST VIRGINIA LEGISLATURE SECOND EXTRAORDINARY SESSION ENGROSSEDENROLLED House Bill 227 ByB DelegatesYDELEGATESH HanshawANSHAW(M (Mr.R.

Speaker)PEAKER)AND andHORNBUCKLE Hornbuckle(BYR (ByEQUEST RequestOF ofTHEXECUTIV) the[Passed Executive)October [Introduced8, September 30, 2024;

Referredin toeffect thefrom Committeepassage.] onEnr Education] Eng HB 227 202425014HAN 202425013SACT A BILL to amend and reenact §18-9D-15 of the Code of West Virginia, 1931, as amended, relating to a public charter school's application for funding.

and (3) Any other moneys received by the authority, except moneys paid into the School Major Improvement Fund pursuant to §18-9D-6 of this code and moneys deposited into the School Access Safety Fund pursuant to §18-9F-5 of this code, may be allocated and may be expended by the authority for projects authorized in accordance with §18-9D-16 of this code that service the educational community statewide or, upon application by the state board, for educational EngEnr HB 227 202425014H 202425013S programs that are under the jurisdiction of the state board.

of this code, the authority may allocate and expend under this subsection moneys for school major improvement projects authorized in accordance with §18-9D-§18- 169D-16 of this code proposed by the state board or an administrative council for school facilities under the direct supervision of the state board or an administrative council, respectively.

EngEnr HB 227 202425014H 202425013S (2) Moneys paid into the School Construction Fund pursuant to §18-9D-6 of this code;

Enr HB 227 (e) The remaining moneys determined by the authority to be available for distribution Eng HB 227 202425014H 202425013S during the then current fiscal year from:

Enr HB 227 (A) If a county board which has received a loan from the authority for a one-time payment Eng HB 227 202425014H 202425013S at the beginning of the lease term does not renew the lease annually until performance of the investment contract in its entirety is completed, the county board is in default and the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the authority, in consultation with the state board, become due and payable immediately or subject to renegotiation among the state board, the authority and the county board;

(g) To encourage county boards to proceed promptly with facilities planning and to prepare for the expenditure of any state moneys derived from the sources described in this section, any county board or other entity to whom moneys are allocated by the authority that fails to expend the money within three years of the allocation shall forfeit the allocation and thereafter is ineligible for further allocations pursuant to this section until it is ready to expend funds in accordance with Enr HB 227 an approved facilities plan:

Provided, That the authority may authorize an extension beyond the Eng HB 227 202425014H 202425013S three-year forfeiture period not to exceed an additional two years.

(h) The remaining moneys that are determined by the authority to be available for distribution during the then current fiscal year from moneys paid into the School Major Improvement Fund pursuant to §18-9D-6 of this code shall be allocated and distributed on the basis of need and efficient use of resources for projects authorized in accordance with §18-9D-16§18-9D- 16 of this code, subject to the following:

(i) Local matching fundsfundsmay may not beberequired required under the provisions of this section.

Therefore, as a prerequisite for eligibility to receive an allocation of school major improvement funds from the authority, a county board shall provide annual school facility maintenance expenditure data to the authority which shall be jointly reviewed by the authority and the state Department of Education Office of School Facilities and Transportation to assist the authority in Enr HB 227 its determination of the most meritorious projects to be funded through the School Major Eng HB 227 202425014H 202425013S Improvement Fund.

Provided, That the authority may grant an extension to the four years in extenuating Enr HB 227 circumstances.

The provisions of this subsection do not apply to any proposed capital improvement bond levy that is scheduled to be submitted to the voters on or before December 31, Eng HB 227 202425014H 202425013S 2023.

Enr HB 227 (2) The authority may not approve the use of more than 50 percent of the revenue available for distribution in any given fiscal year for projects that are to be funded over a period of more than one year;

and (3) In order to encourage local participation in funding school construction projects, the Eng HB 227 202425014H 202425013S authority may set aside limited funding, not to exceed $500,000, in reserve for one additional year to provide a county the opportunity to complete financial planning for a project prior to the allocation of construction funds.

Enr HB 227 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2024.

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Governor 11