Senate Bill No. 2
(By Senator Blatnik)
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[Introduced January 12, 1994; referred to the Committee
on Education.]
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A BILL to amend and reenact section five, article five, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to education;
county board of education; and exemption of school property
from legal process, taxes and fees.
Be it enacted by the Legislature of West Virginia:
That section five, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
ยง18-5-5. Corporate character and general powers of board;
exemption of school property from legal process and taxes.
The county board of education shall be a corporation by the
name of "The board of education of the county of ..........," and
as such may sue and be sued, plead and be impleaded, contract and
be contracted with. It shall succeed and be subrogated to all
the rights of former magisterial and independent district boardsand may institute and maintain any and all actions, suits and
proceedings now pending or which might have been brought and
prosecuted in the name of any former board for the recovery of
any money or property, or damage to any property due to or vested
in the former board, and shall also be liable in its corporate
capacity for all claims legally existing against the board of
which it is a successor. The board shall, according to law, hold
and dispose of any real estate or personal property belonging to
the former corporation or its predecessors, or that may hereafter
come into its possession.
The board according to law and the intent of the instrument
conferring title, shall receive, hold and dispose of any gift,
grant or bequest.
All public school property used for school purposes shall be
exempt from execution or other process, and free from lien or
distress for taxes, fees or municipal, county or state levies.
NOTE: The purpose of this bill is to exempt school property
used for school purposes from fees levied by state and municipal
bodies as well as from liens and taxes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.