H.B. 4840
(By Delegates Kiss, Doyle, Gallagher,
Farris, Seacrist, Border and Miller)
(Originating in the House Committee on Finance)
[February 27, 1996]
A Bill to amend article eight, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section six-h,
relating to legislative findings; library financing; levies by
county boards of education; providing that public libraries
which are authorized to levy on the governing entities of the
county in which such public library is located may also levy
on county boards of education; providing that the county board
of education may increase its regular levy by the amount of
the library levy, up to the maximum rate allowed by law for a
county board of education levy; and providing that the amount
included in a county board of education levy which is paid to
libraries may not be charged against the county board of
education's local share for purposes of the state aid
computation.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter eleven of the code of West Virginia,one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated six-h, to read as follows:
ARTICLE 8. LEVIES.
§11-8-6h Levies by public libraries upon county boards of education.
(a) The Legislature finds and declares that public libraries
are an important resource to education and to the community at
large, and often serve as either an adjunct to education, or a
direct source of education for the community. The Legislature
further finds that with the great importance public libraries have
in the process of education, that public libraries are tantamount
to an educational facility. As a consequence of the vital role
performed by public libraries in the education process in this
state the Legislature finds that it is appropriate to provide a
stable method of financing the operation of public libraries by
including an amount for the financing of public libraries in the
levies of county boards of education in accordance with the
provisions of this section.
(b) In those counties where public libraries organized
pursuant to article one of chapter ten of this code are authorized
by law to levy upon a county board of education, the board of
directors of the libraries may levy upon the county board of
education. Each year the board of directors of the public library
may request of the county board of education to levy upon the board
of education funds up to the amount the public library is
authorized by law to levy upon each one hundred dollars of assessedvaluation. The county board of education shall then levy that
rate. The county board of education may then include an amount up
to the amount of the public library levy in addition to the amount
of the regular levy for the county board of education established
in section six-c of this article if the county board of education
holds a public meeting and at that meeting adopts a measure to
increase its regular levy by the amount of the public library levy:
Provided, That such measure to include an amount up to the amount
of the library levy in the county board of education levy requires
a four fifths vote of the county board of education. Provided
however, That the county board of education may not include in its
levy an amount in excess of the amount of the public library levy
on the county board of education: Provided further, That nothing
contained herein may be construed to authorize any county board of
education to exceed the maximum regular levy rate set by law.
(c) All amounts collected thereunder for library purposes
shall be deposited not less than quarterly each year as directed by
the board of directors of such library in a bank or savings account
specified by the board of directors: Provided, That the county
board of education may upon an affirmative vote distribute the
moneys to public supported libraries in the county as determined by
the county board of education to the extent provided by the law
authorizing the levy by the public library. All monies collected
as a result of the public library levy shall be used by the board
of directors of the public library for the support, maintenance and
operation of the public library and its branches.
(d) Any additional amounts added to a county board of
education levy for public libraries, and paid over to such
libraries in accordance with this section, may not be charged
against the local share for purposes of the state aid computation
for that county.