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Introduced Version House Bill 404 History

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hb404 intr
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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