H. B. 4046

(By Delegate Facemyer)

[Introduced January 21, 1998; referred to the

Committee on Political Subdivisions.]

A BILL to provide a stable method of financing the operation of the Jackson County public library.

Be it enacted by the Legislature of West Virginia:
§1. Levies for maintenance and operation; disbursement of funds; accumulation of surplus; borrowing funds; limitation on use of proceeds from levies.
In order to provide for the maintenance and operation of the Jackson County public library, and to provide funds for the purchase, acquisition and construction of a new library or libraries and library facilities, the board of education of Jackson County and the Jackson County commission, upon the request of the board of directors of the Jackson County library, shall each levy annually, on each one hundred dollars of the assessed valuation of property within the limits of Jackson County, according to the last assessment thereof for the state and county purposes, up to the following rates beginning with the fiscal year beginning on the first day of July, one thousand nine hundred ninety-eight as follows:
The county commission, for the first year and annually thereafter;
Class I, 45/100 of 1 cent per hundred,
Class II, 9/10 of 1 cent per hundred,
Class III, 1.8 cents per hundred,
]Class IV, 1.8 cents per hundred.
The board of education of Jackson County, for the first year and annually thereafter;
Class I, 3/4 of 1 cent per hundred,
Class II, 1.5 cents per hundred,
Class III, 3 cents per hundred,
Class IV, 3 cents per hundred.
Each year the board of directors shall request each of the two supporting authorities to levy within the rates prescribed above, at the rates specified by the board, on each one hundred dollars of assessed valuation of property of the same class; and each of the two supporting authorities shall levy at the rates requested by the board of directors of the Jackson County library. Nothing herein shall prevent any of the supporting authorities from contributing to the public library, from time to time, any other general or specific revenues or excess levies. The proceeds of these levies shall be for the exclusive use of the public library as well as any library facilities acquired by purchase or otherwise by the board, evidenced by warrants drawn on the sheriff of Jackson County, and signed by the president and treasurer of the board. Levies shall be included within the limits and be a part of the levy or levies authorized to be made by the Jackson County board of education, and the Jackson County commission.
The proceeds of any levy subject to the provisions herein may be used by the board of directors of the Jackson County library for the maintenance, support, operation and management of the library, and any other facilities acquired by the board of directors, either by gift or purchase.
The board is hereby authorized to accumulate from proceeds received hereunder any surplus funds over the amount required for the proper operation, maintenance and management of present library facilities. The accumulations of surplus may be used for capital improvements, including additions or extensions to library facilities, the purchase of real estate, or the construction of buildings or their furnishings. The board is further authorized to borrow funds from such sources as the same may be available for the purchase of land, the construction of buildings and their furnishing and to pledge by the execution and delivery of appropriate legal instruments, any real estate the board of directors may own or which it may hereafter acquire for the repayment of any borrowed funds; the principal thereof and interest thereon may be paid out of the proceeds of the levies herein authorized: Provided, That not more than thirty-three and one-third percent of the proceeds from any levy, subject to the provisions herein, may be used for any fiscal year.
§2. Effect of future amendments of general law.
Amendments of article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one as amended, and other general laws shall control this article only to the extent that they do not conflict with the special features hereof, or unless the intent to amend this article is clear and unmistakable.
§3. Severability.
If any provision herein is held invalid, the invalidity does not affect other provisions herein which can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.

NOTE: This bill is intended to provide a stable method to fund the Jackson County library.