H. B. 4010
(By Delegates Morgan and Michael)
[Originating in the Committee on Government Organization.]
[January 15, 2008]
A BILL to amend and reenact §10-1-5 of the Code of West Virginia,
1931, as amended, relating to the term of office a library
board of director may serve.
Be it enacted by the Legislature of West Virginia:
That §10-1-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-5. Board of library directors -- Qualifications; term of
office; vacancies; removal; no compensation.
(a) Whenever a public library is established under this
article, the governing authority or authorities shall appoint a
board of directors with five members chosen with reference to their
fitness for such office, from:
(1) The citizens of the library's service area, as determined
by the Library Commission; or
(2) The county in which the library is located.
(b) The board of directors for a regional library shall
consist of not less than five nor more than ten members, with a
minimum of one member from each county in the region. The total
number of directors and the apportionment of directors by county
shall be determined by joint action of the governing authorities
(c) The term of office for a director is five years from the
first day of July following the appointment. Directors may
serve two consecutive terms, and may serve until their successors
are appointed and qualified.
(d) For a new board of directors under this article, the
initial appointment of the directors shall be staggered.
Thereafter all appointments shall be for terms of five years.
(e) Vacancies in the board shall be immediately reported by
the board to the governing authority and filled by appointment.
Vacancies for an unexpired term shall be immediately reported by
the board to the governing authority and filled by appointment for
the remainder of the term only.
(f) A director may be removed for just cause in the manner
provided by the bylaws of the library board.
(g) No compensation shall be paid to any director.
NOTE: The purpose of this bill is to remove the limitation on
terms for members on the board of library directors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would