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Introduced Version House Bill 2069 History

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hb2069 intr
H. B. 2069


(By Delegate Yost)
[Introduced February 9, 2005; referred to the
Committee on Education then the Judiciary.]




A BILL to amend and reenact §18-9-1 and §18-9-2 of the code of West Virginia, 1931, as amended, all relating to school levies and providing that school levy elections may be held during a primary election.

Be it enacted by the Legislature of West Virginia:
That §18-9-1 and §18-9-2 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 9. SCHOOL FINANCES.

§18-9-1. School levies; when levy election necessary; special election.

The Board of Education of every school district or independent school district, wherein a majority of the votes cast on the question of school levy at the last primary, general or special election at which the question of school levy was submitted to the qualified voters of such the district or independent school district were in favor of such the levy, shall annually, at the time and in the manner provided by law for making levies, levy a tax on all taxable property in its district or independent school district for the support and maintenance of free schools therein: Provided, That upon petition of not less than forty percent of the registered voters in any district or independent school district, as shown by the last registration of voters therein, addressed to the board of education of such the district or independent school district, requesting the submission of the school levy to the voters of such the district, the board of education of such the district or independent district shall submit the question of authorizing a levy for school purposes to the voters of such the district at the primary or general election held next after such the petition is presented; and the board of ballot commissioners of the county of which such the district constitutes a part shall prepare or cause to be prepared separate ballots from the official ballot to be voted at said election, which separate ballot shall have printed thereon the following:
BALLOT ON SCHOOL LEVY

/ / For school levy.
/ / Against school levy.
The officers conducting the primary or general election at each place of voting shall conduct the election on the question of the school levy and canvass and certify the result thereof to the commissioners of the county commission court in the same manner, so far as applicable, as they are required to conduct and certify the result of the primary or general election; and such the commissioners shall promptly certify the result of the election on the question of the school levy to the board of education of the district or independent school district within which the election was held, and such the certificate shall be entered by the secretary as part of the minutes and records of such the board of education. If a majority of the ballots cast at said the primary or general election in any district or independent school district on the question of such the school levy be in favor of the levy, the board of education of such the district or independent school district shall annually thereafter levy a tax on all the taxable property in its district, for the support and maintenance of the schools in the district, until such the time as an election may again be held on the question of such the school levy in the manner hereinbefore provided.
In the event that a majority of the votes cast in any school district or independent school district upon the question of the school levy submitted at any primary or general election be against the levy, the board of education of such the district or independent school district shall have authority to call a special election for the purpose of resubmitting the question of authorizing such the school levy to the voters of such the district or independent district. Such The special election shall be held in accordance with the provisions of the next succeeding section of this article, so far as applicable, and the ballots shall be similar to those heretofore described in this section. If a majority of the ballots cast at such the special election in any school district or independent school district be in favor of the school levy, the board of education of such the district or independent school district shall annually thereafter levy a tax for the support of the free schools in its district or independent school district, in the manner provided by law for school levies, until such time as the question of school levy may again be submitted at a primary or general election upon a petition signed by not less than forty percent of the registered voters of the district or independent district, as hereinbefore provided, and a majority of the votes cast at such the election be against the levy. If a majority of the votes cast at any such special election be against the school levy the board of education of any such district or independent district shall again submit the question of a school levy to the voters of its district or independent district at the next primary or general election: Provided, however, That upon petition of not less than forty percent of the qualified voters of the district, as determined from the last registration of voters, such the board of education may again submit the question of school levy at a special election to be held for that purpose, in the manner hereinbefore provided, prior to the next succeeding general election.
§18-9-2. Elections under this chapter; procedure.

Any and all elections authorized by this chapter for school purposes may, unless otherwise provided, be held separately or in connection with any primary, general or special election. Notice of any such an election shall be given by the publication of the order of the board calling the same as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be the territory in which the election is to be held. The order shall be so published within fourteen consecutive days next preceding the day of the election. All provisions of the law concerning primary, general and special elections shall apply in such these elections insofar as is practicable, except that in cases of special elections the board calling the election shall appoint necessary election officers and shall canvass the returns, and the secretary of the board shall procure and furnish to the election commissioners at each place of voting the ballots, poll books, tally sheets and other things needed. In calling elections, district and county boards of education shall follow the forms to be prescribed by the Attorney General.


NOTE: The purpose of this bill is to provide that a school levy election may be held during the primary election.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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