H. B. 4046
(By Delegate Facemyer)
[Introduced January 21, 1998; referred to the
Committee on Political Subdivisions.]
A BILL to provide a stable method of financing the operation of
the Jackson County public library.
Be it enacted by the Legislature of West Virginia:
JACKSON COUNTY PUBLIC LIBRARY FINANCING AND OPERATION.
§1. Levies for maintenance and operation; disbursement of funds;
accumulation of surplus; borrowing funds; limitation on use
of proceeds from levies.
In order to provide for the maintenance and operation of the
Jackson County public library, and to provide funds for the
purchase, acquisition and construction of a new library or
libraries and library facilities, the board of education of
Jackson County and the Jackson County commission, upon the
request of the board of directors of the Jackson County library,
shall each levy annually, on each one hundred dollars of the
assessed valuation of property within the limits of Jackson
County, according to the last assessment thereof for the state
and county purposes, up to the following rates beginning with the
fiscal year beginning on the first day of July, one thousand nine hundred ninety-eight as follows:
The county commission, for the first year and annually
Class I, 45/100 of 1 cent per hundred,
Class II, 9/10 of 1 cent per hundred,
Class III, 1.8 cents per hundred,
]Class IV, 1.8 cents per hundred.
The board of education of Jackson County, for the first year
and annually thereafter;
Class I, 3/4 of 1 cent per hundred,
Class II, 1.5 cents per hundred,
Class III, 3 cents per hundred,
Class IV, 3 cents per hundred.
Each year the board of directors shall request each of the two
supporting authorities to levy within the rates prescribed above,
at the rates specified by the board, on each one hundred dollars
of assessed valuation of property of the same class; and each of
the two supporting authorities shall levy at the rates requested
by the board of directors of the Jackson County library. Nothing
herein shall prevent any of the supporting authorities from
contributing to the public library, from time to time, any other
general or specific revenues or excess levies. The proceeds of
these levies shall be for the exclusive use of the public library
as well as any library facilities acquired by purchase or
otherwise by the board, evidenced by warrants drawn on the
sheriff of Jackson County, and signed by the president and
treasurer of the board. Levies shall be included within the limits and be a part of the levy or levies authorized to be made
by the Jackson County board of education, and the Jackson County
The proceeds of any levy subject to the provisions herein may
be used by the board of directors of the Jackson County library
for the maintenance, support, operation and management of the
library, and any other facilities acquired by the board of
directors, either by gift or purchase.
The board is hereby authorized to accumulate from proceeds
received hereunder any surplus funds over the amount required for
the proper operation, maintenance and management of present
library facilities. The accumulations of surplus may be used for
capital improvements, including additions or extensions to
library facilities, the purchase of real estate, or the
construction of buildings or their furnishings. The board is
further authorized to borrow funds from such sources as the same
may be available for the purchase of land, the construction of
buildings and their furnishing and to pledge by the execution and
delivery of appropriate legal instruments, any real estate the
board of directors may own or which it may hereafter acquire for
the repayment of any borrowed funds; the principal thereof and
interest thereon may be paid out of the proceeds of the levies
herein authorized: Provided, That not more than thirty-three and
one-third percent of the proceeds from any levy, subject to the
provisions herein, may be used for any fiscal year.
§2. Effect of future amendments of general law.
Amendments of article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one as amended, and
other general laws shall control this article only to the extent
that they do not conflict with the special features hereof, or
unless the intent to amend this article is clear and
If any provision herein is held invalid, the invalidity does
not affect other provisions herein which can be given effect
without the invalid provision, and to this end the provisions of
this act are declared to be severable.
NOTE: This bill is intended to provide a stable method to fund
the Jackson County library.