ENGROSSED
Senate Bill No. 4002
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced September 7, 2005; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §11-8-16 of the Code of West Virginia,
1931, as amended, relating to levy elections; allowing levy
elections in conjunction with primary elections; and
conforming the statute to meet constitutional requirements.
Be it enacted by the Legislature of West Virginia:
That §11-8-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-16. What order for election to increase levies to show; vote
required; amount and continuation of additional levy;
issuance of bonds.
A local levying body may provide for an election to increase
the levies by entering on its record of proceedings an order
setting forth:
(1) The purpose for which additional funds are needed;
(2) The amount for each purpose;
(3) The total amount needed;
(4) The separate and aggregate assessed valuation of each
class of taxable property within its jurisdiction;
(5) The proposed additional rate of levy in cents on each
class of property;
(6) The proposed number of years, not to exceed
three five, to
which the additional levy applies;
except that in the case of
county boards of education the proposed number of years shall not
exceed five
(7) The fact that the local levying body will or will not
issue bonds, as provided by this section, upon approval of the
proposed increased levy.
The local levying body shall submit to the voters within their
political subdivision the question of the additional levy at either
a
primary, general or special election. If at least sixty percent
of the voters cast their ballots in favor of the additional levy,
the county commission or municipality may impose the additional
levy. If at least a majority of voters cast their ballot in favor
of the additional levy, the county board of education may impose
the additional levy:
Provided, That any additional levy adopted by
the voters, including any additional levy adopted prior to the
effective date of this section, shall be the actual number of cents
per each one hundred dollars of value set forth in the ballot
provision, which number shall not exceed the maximum amounts prescribed in this section, regardless of the rate of regular levy
then or currently in effect, unless such rate of additional special
levy is reduced in accordance with the provisions of section six-g
of this article or otherwise changed in accordance with the
applicable ballot provisions. For county commissions, this levy
shall not exceed a rate greater than seven and fifteen hundredths
cents for each one hundred dollars of value for Class I properties,
and for Class II properties a rate greater than twice the rate for
Class I properties, and for Class III and IV properties a rate
greater than twice the rate for Class II properties. For
municipalities, this levy shall not exceed a rate greater than six
and twenty-five hundredths cents for each one hundred dollars of
value for Class I properties, and for Class II properties a rate
greater than twice the rate for Class I properties, and for Class
III and IV properties a rate greater than twice the rate for Class
II properties. For county boards of education, this levy shall not
exceed a rate greater than twenty-two and ninety-five hundredths
cents for each one hundred dollars of value for Class I properties,
and for Class II properties a rate greater than twice the rate for
Class I properties, and for Class III and IV properties a rate
greater than twice the rate for Class II properties.
Levies authorized by this section shall not continue for more
than
three five years
in the case of county commissions and
municipalities and five years in the case of county boards of
education without resubmission to the voters.
Upon approval of an increased levy as provided by this
section, a local levying body may immediately issue bonds in an
amount not exceeding the amount of the increased levy plus the
total interest thereon, but the term of the bonds shall not extend
beyond the period of the increased levy.
Insofar as they might concern the issuance of bonds as
provided
for in this section, the provisions of sections three and
four, article one, chapter thirteen of this code shall not apply:
Provided, That nothing contained in this section shall conflict
with the provisions of section
8 eleven, article X of the
Constitution of West Virginia.