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2003 Session

Budget Amendments - HB1400 (Conference Report)

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VA Housing Partnership Loan Fund (language only)

Item 111 #1c

Item 111 #1c

Commerce and Trade
Housing and Community Development, Department of

Language
Page 95, strike lines 19 through 53 and insert:
"G.1.  The Director of the Department of Housing and Community Development shall enter into an agreement with the Virginia Housing Development Authority, whereby the Authority shall purchase the portfolio of outstanding loans and other assets comprising the Virginia Housing Partnership Revolving Loan Fund upon such terms as shall be mutually agreed to by the Department and the Authority.
2.  The Authority shall contract with a third party, subject to approval by the Secretary of Commerce and Trade, to review the underwriting and pricing of the portfolio with the costs of such review to be paid by the Authority.  In selecting the third-party reviewer, the Secretary shall take into consideration the candidates’ experience in the underwriting, pricing or sale of community development loan portfolios.
3.  The agreement shall set out the details of the transfer of the responsibilities and functions of the housing finance activities of the Department to the Authority.  As part of the agreement, any residual balances from the sale of the Virginia Housing Partnership Revolving Loan Fund shall be transferred to the Authority to be used in conjunction with existing resources to provide affordable housing to low-income Virginians not currently served by existing Authority programs.
4.  Before the execution of such agreement, the Secretary of Commerce and Trade shall provide the House Appropriations and Senate Finance Committees the opportunity to review the agreement.  For this review, the Secretary shall also include information identifying the options and alternatives reviewed for carrying out the purposes of §36-142, Code of Virginia, as well as the rationale for selecting the option incorporated in the draft agreement.  In developing and assessing options, the Secretary shall consult with representatives of the housing industry, including the Virginia Housing Coalition.
5.  The draft agreement submitted by the Secretary of Commerce and Trade shall also include the discount rate to be applied in calculating the market value of the loan portfolio, and other pertinent items.  
6.  Upon execution of the agreement, the Authority shall deposit the proceeds of the sale into the Virginia Housing Partnership Revolving Loan Fund.  Notwithstanding the provisions of §§ 36-141 through 36.151, Code of Virginia, the Director of the Department of Housing and Community Development is directed to pay from the proceeds of the sale of the Virginia Housing Partnership Revolving Loan Fund the amount of $40,822,000 to the general fund prior to June 30, 2003.
7.  The Secretary of Commerce and Trade shall review the need to amend state statutes concerning the Virginia Housing Partnership Revolving Loan Fund.  If he concludes that the sale of the portfolio or that the use of any residual balances warrant changes to the Code of Virginia, he shall submit legislation in the 2004 Session to effect such changes.”


Explanation
(This amendment sets out the policies and procedures for the sale of the Virginia Housing Partnership Revolving Loan portfolio.)