Senate Bill No. 388
(By Senators Ross, Helmick, Blatnik, Anderson,
Yoder, Dalton and Sharpe)
____________
[Introduced March 17, 1993; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact section sixteen, article eight,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to levies
generally; providing that local levying bodies may not hold
more than one levy election in a fiscal year; and requiring
that, during a year in which candidates are elected to
statewide public office, local levying bodies must hold levy
elections only at the time of the general election in that
year.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article eight, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, 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 not more than one
election each fiscal year, 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;
(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, to
which the additional levy shall apply, 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 general or special election: Provided, That during
years in which candidates are elected to statewide public office,
the levy election shall be held during the general election held
that year. The local levying body may not submit to the voters
within their political subdivision the question of the additional
levy at more than one election during each fiscal year. If, in
the case of county boards of education, at least fifty percent of
the voters, voting, cast their ballots in favor of the additional
levy, the levy may be imposed. If at least sixty percent of the
voters of any other local levying body cast their ballots in
favor of the additional levy, the local levying body may imposethe additional levy. This levy shall not exceed fifty percent of
the rates authorized in sections ten and fourteen of this article
for county courts commissions and municipalities, nor one hundred
percent of the rates authorized in section twelve of this article
for county boards of education, as the case may be.
Levies authorized by this section shall not continue for
more than three years in the case of county courts 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 such bonds shall not
extend beyond the period of such 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 herein contained shall conflict
with the provisions of article X, section 8 of the constitution
of West Virginia.
NOTE: The purpose of this bill is to prohibit local levying
bodies from holding more than one election a fiscal year for levy
approval. The bill provides that in years in which candidates
are elected to statewide offices, local levying bodies must hold
levy elections during the general election of that year.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.