Introduced Version
House Bill 3000 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3000
(By Delegates Overington and Householder)
[Introduced March 20, 2013; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact chapter 83, Acts of the Legislature,
regular session, 1970, relating to changing the Martinsburg
public library to the Martinsburg-Berkeley County Public
Library; creating a library board with the power to operate
the said public library; and providing a stable method of
financing the operation of the Martinsburg-Berkeley County
Public Library.
Be it enacted by the Legislature of West Virginia:
§1. Martinsburg-Berkeley County Public Library Created.
_____The city of Martinsburg formed the Martinsburg Public Library,
which now provides library service to all of Berkeley County. The
public library is funded by Berkeley County, the Berkeley county
board of education and the city of Martinsburg. To recognize the
county wide service and shared funding of the public library the
corporation known as the Martinsburg Public Library shall become the Martinsburg-Berkeley County Public Library.
§2. Board of Directors - Appointment, powers and duties.
_____There shall be a board of five directors, who shall serve
without compensation. The directors currently serving will serve
until the end of their respective terms. Beginning June 30, 2013,
the Berkeley County Commission shall be responsible for two
appointments, the Berkeley county board of education shall be
responsible for two appointments and the city of Martinsburg shall
be responsible for one appointment. The term expiring June 30,
2013, shall be appointed by the Berkeley County Commission; the
term expiring June 30, 2014, shall be appointed by the Berkeley
county board of education; the term expiring June 30, 2015 ,shall
be appointed by the city of Martinsburg; the term expiring June 30,
2016, shall be appointed by the Berkeley County Commission; and the
term expiring June 30, 2017, shall be appointed by the Berkeley
county board of education.
_____Successive appointments will be filled by the original
appointing authority. The powers and duties of the
Martinsburg-Berkeley County Public Library and the board of
directors shall be defined by the provisions of chapter ten of the
West Virginia Code.
§1 3. Levies by county court, county board of education and city of
Martinsburg to support Martinsburg-Berkeley County Public Library.
In order to provide for the support, maintenance, and
operation of the Martinsburg-Berkeley County Public Library,
Berkeley County, West Virginia, and any and all branches thereof,
the Berkeley county board of education, the Berkeley County court
and the city of Martinsburg, hereinafter described as the
supporting agencies, shall, upon written request by the board of
directors of the Martinsburg-Berkeley County Public Library, levy
annually on each $100 of assessed valuation of the property taxable
according to the last assessment for state and county purposes,
amounts as follows: By the board of education of the county of
Berkeley, Class I, one-half cent; Class II, one cent; Class III,
two cents; Class IV, two cents; by the county court of Berkeley
county, Class I, one-half cent; Class II, one cent; Class III, two
cents; Class IV, two cents; and by the city of Martinsburg, Class
I, one-half cent; Class II, one cent; Class IV, two cents.
Each year the board of directors shall request each of the
three supporting agencies to levy within the above rates on each
$100 of assessed valuation of property of the same class, and each
of the three supporting agencies shall levy within the rates
aforesaid. In addition, each supporting agency may contribute to
the public library any other general or specific 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 the support and maintenance of the public
library.
§2 4. Disbursements.
All money collected or appropriated by the three supporting
agencies for library purposes shall be deposited in a bank account
as directed by the library board of directors and disbursed by if
for salaries, wages, books, other library materials such as
magazines, pamphlets, papers, works of art, records also machinery,
equipment, supply services and other cost and expenses of operation
a public library and maintaining, repairing, improving and
replacing its property as well as acquiring additional property.
§3 5. Status of employees.
All employees of the Martinsburg-Berkeley County Public
Library shall be entitled to the benefits of the provisions of
chapter twenty-three and of articles seven and ten of chapter five
of the Code of West Virginia, 1931, as amended.
§4 6. Effect of future amendments of general law.
Amendments to article one, chapter ten of the Code of West
Virginia, 1931, as amended, and other general laws shall not
control this act except to the extent that they do not conflict
with the special features hereof, or unless the intent to amend
this act is clear, specific and unmistakable.
§5 7. Severability.
If any provision hereof is held invalid, such invalidity shall
not affect other provisions hereof which can be given effect
without the invalid provision, and to this end the provisions of
this act are declared to be severable.
NOTE: The purpose of this bill is to change the Martinsburg
Public Library to the Martinsburg-Berkeley County Public Library;
to create a library board with the power to operate the public
library; and to provide a stable method of financing the operation
of the Martinsburg-Berkeley County Public Library.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.