H. B. 404
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced September 7, 2005]
A BILL to amend and reenact §11-8-16 of the Code of West Virginia,
1931, as amended, relating to additional levy elections;
allowing additional elections at primary elections; and
removing language which conflicts with article ten, section
eleven of the West Virginia Constitution.
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 article X, section
8 11 of the Constitution
of West Virginia.
NOTE: The purpose of this bill is related to clarification to
allow excess levy elections at primary elections and to remove
language which conflicts with article X, section 11 of the West
Virginia Constitution.
Strike-throughs indicate language that would be stricken from
the present law, underscoring indicates new language that would be
added.
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