H. B. 2623
(By Delegates Walters, By Request)
[Introduced March 19, 1997; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section two, chapter one hundred
seventy-eight, acts of the Legislature, regular session, one
thousand nine hundred fifty-seven, relating to expiring the
present board of directors of the Kanawha County Public
Library; and reconstituting said board so as to provide
representation thereon for the Kanawha County commission and
the city of Charleston, in addition to the Kanawha County
board of education.
Be it enacted by the Legislature of West Virginia:
That section two, chapter one hundred seventy-eight, acts of
the Legislature, regular session, one thousand nine hundred
fifty-seven, be amended and reenacted to read as follows:
§2. Board of directors; appointment; powers and duties.
There shall be a board of eighteen directors, who shall serve without compensation. Before the first day of July, one
thousand nine hundred fifty-seven, the board of education of the
county of Kanawha shall appoint the members of the said board of
directors, appointing three persons for one year, three persons
for two years, three persons for three years, three persons for
four years, three persons for five years and three persons for
six years, respectively, the term of office commencing July
first, one thousand nine hundred fifty-seven. Their respective
successors shall be appointed for a term of six years each,
except that any person appointed to fill a vacancy occurring
before the expiration of the term vacated shall serve only for
the unexpired term. A member shall be eligible for
reappointment. The board of education of the county of Kanawha
may remove any director for cause which it deems sufficient.
Effective the first day of July, one thousand nine hundred
ninety-seven, the board of directors as then constituted shall
expire and a new board of eighteen directors, with terms
commencing on that date, shall be appointed as follows:
(1) Three persons shall be appointed for one year, one of
whom shall be appointed by the Kanawha County board of education,
one by the Kanawha County commission and one by the city of
Charleston;
(2) Three persons shall be appointed for two years, two of
whom shall be appointed by the Kanawha County board of education and one by the Kanawha County commission;
(3) Three persons shall be appointed for three years, two of
whom shall be appointed by the Kanawha County board of education
and one by the Kanawha County commission;
(4) Three persons shall be appointed for four years, one of
whom shall be appointed by the Kanawha County board of education,
one by the Kanawha County commission and one by the city of
Charleston;
(5) Three persons shall be appointed for five years, two of
whom shall be appointed by the Kanawha County board of education
and one by the Kanawha County commission;
(6) Three persons shall be appointed for six years, two of
whom shall be appointed by the Kanawha County board of education
and one shall be appointed by the Kanawha County commission.
Their respective successors shall be appointed by the same
appointing authority for terms of six years each, except that any
person appointed to fill a vacancy occurring before the
expiration of the term vacated shall serve only for the unexpired
term.
Any member, including one whose term expires under operation
of the amendment to this act, enacted by the Legislature during
the regular session, one thousand nine hundred ninety-seven, is
eligible for reappointment. Any appointing authority may remove
a member appointed by it, for any cause it considers sufficient.
There shall be an annual meeting of the board of directors
on the first Friday in July in each year; and a monthly meeting
on the day in each monthly month which the board may designate in
its by-laws bylaws. A special meeting may be called by the
president, the secretary or any two members of the board, and
shall be held only after all the directors are given notice
thereof. At all meetings four members shall constitute a quorum.
At each annual meeting the board of directors shall elect, from
its membership, a president, a vice president, a secretary and a
treasurer: Provided, however, That the librarian may be elected
secretary and/or treasurer. The board of directors shall
adopt such by-laws bylaws, rules and regulations as are necessary
for its own guidance and for the administration, supervision and
protection of the library and all property belonging thereto.
The board of directors shall have all the powers necessary,
convenient and advisable for the proper operation, equipment and
management of the said library and, except as otherwise specially
provided in this act, shall have the powers and be subject to the
duties which are conferred and imposed, respectively, upon
library directors by sections six, seven, eight, nine, ten and
eleven of article one of chapter ten of the code of West
Virginia, one thousand nine hundred thirty-one, as presently
amended. The board of directors shall have the benefits arising
out of the creation and continuance of the state library commission of West Virginia.
NOTE: The purpose of this bill is to reconstitute the board
of directors of the Kanawha County Public Library, providing for
representation by the Kanawha County Commission and the City of
Charleston in addition to the Kanawha County Board of Education.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.