Introduced Version
House Bill 2006 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2006
(By Delegate Iaquinta)
[Introduced February 13, 2013; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §10-1-2 of the Code of West Virginia,
1931, as amended, relating to permitting counties, county
boards of education and municipalities to impose an additional
levy on property within the county for the sole purpose of
funding public libraries; stating legislative intent; and
establishing tax rates for classes of property.
Be it enacted by the Legislature of West Virginia:
That §10-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-2. Power of governing authority to establish and maintain
libraries; financing.
(a) A governing authority either by itself or in cooperation
with one or more other such governing authorities, shall have the power to establish, equip and maintain a public library, or to take
over, maintain or support any public library already established.
Any library established, maintained or supported by a governing
authority may shall be financed either: (1) By the appropriation
from the General Funds of the governing authority of a sum
sufficient for the purpose; or (2) by the imposition of an excess
levy for library purposes, in accordance with the provisions of
section sixteen, article eight, chapter eleven of this code. Such
sums as are appropriated hereunder may shall be transferred to the
public library board for deposit and disbursement as the Public
Library Board shall direct. By such transfer the governing
authority designates the Public Library Board as its disbursing
agent.
(b) In order to provide for the support, maintenance and
operation of a public library hereby created, and any and all
branches thereof, located in the county seat of the county in which
it is established or created, or to support any county seat public
library already established, the supporting governing authorities
shall, upon written request by the board of directors of the public
library, levy annually within the respective taxing districts of
the governing authorities, on each $100 of assessed valuation of
the property taxable in the area served by it according to the last
assessment for state and county purposes, amounts not exceeding the
following amounts for each fiscal year beginning on July 1 of the year, and for each succeeding fiscal year, as follows:
_(1) The county commission, for the first year of the act and
annually thereafter: Class I, one and four-tenths cents; Class II,
two and eight-tenths cents; Class III, five and six-tenths cents;
Class IV, five and six-tenths;_
_____(2) The board of education of the county in its regular levy
for the first year of the act and annually thereafter; Class I, one
and four-tenths cents; Class II, two and eight-tenths cents; Class
III, five and six-tenths cents; Class IV, five and six-tenths cents;
and
_____(3) The city which serves as the county seat, shall levy in the
first year of the act and annually thereafter; Class I, one cent;
Class II, two cents; Class IV, four cents.
_____The proceeds of these levies shall be for the exclusive use of
the public libraries, any branches thereof, and any other public
libraries within the county that the county seat public library
makes a legal agreement with concerning distribution and
disbursement of these funds, and shall be disbursed only upon order
of the respective board of trustees.
_____(c) In addition to the aforesaid amounts which, upon written
request by said board, the governing authorities may support the
public library with any other general or special revenues or excess
levies. All income realized by the operation of the public library
from any sources other than the above levies shall be used by the board of directors for support of the public library.
_____(d) It is the intent of the Legislature that the following
special Acts of Legislature will remain in effect, except for those
specific subsections of each special act concerning library funding
that will now no longer be continued:
_____(1) Chapter eighty-three, Acts of the Legislature, 1970,
applicable to Martinsburg-Berkeley County Public Library;
_____(2) Chapter two hundred twenty-three, Acts of the Legislature,
1981, applicable to Hardy County Public Library;
_____(3) Chapter one hundred fifty, Acts of the Legislature, 1987,
applicable to Clarksburg-Harrison County Public Library;
_____(4) Chapter one hundred seventy-eight, Acts of the Legislature,
1957, applicable to the Kanawha County Public Library;
_____(5) Chapter two hundred twenty-two, Acts of the Legislature,
1967, applicable to the Ohio County Public Library;
_____(6) Chapter one hundred sixty-one, Acts of the Legislature,
1969, applicable to the Raleigh County Public Library;_
_____(7) Chapter one hundred forty-five, Acts of the Legislature,
1935, applicable to the Tyler County Public Library;
_____(8) Chapter one hundred eighty-nine, Acts of the Legislature,
1994, applicable to the Upshur County Public Library;
_____(9) Chapter one hundred fifty-six, Acts of the Legislature,
1987, applicable to the Parkersburg-Wood County Public Library;
_____(10) Chapter two hundred seven, Acts of the Legislature, 1967, applicable to the Cabell County Public Library; and
_____(11) Chapter fifteen, Acts of the Legislature, first
extraordinary session, 1986, applicable to the Hamlin-Lincoln County
Public Library.
NOTE: The purpose of this bill is to permit counties, county
boards of education and municipalities to impose an additional levy
on property within the county for the sole purpose of funding public
libraries. The bill states legislative intent. The bill also
establishes tax rates for classes of property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.