Senate Bill No. 740

(By Senator Tomblin, Mr. President, and Jackson)

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[Introduced February 23, 1998; referred to the

Committee on Finance.]

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A BILL to provide a stable method of financing the operation of the Chapmanville public library, the Buffalo creek memorial public library and the Logan area public library in Logan County, West Virginia, as organized under the provisions of article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended.

Be it enacted by the Legislature of West Virginia:
LOGAN COUNTY PUBLIC LIBRARY FINANCING AND OPERATION.
§1. Levies for maintenance and operation; disbursement of funds; accumulation of surplus; use of funds.
In order to provide for the maintenance and operation of the Chapmanville public library, the Buffalo Creek memorial library and the Logan area public library, the board of education of Logan County and the Logan County commission, upon the request of the board of directors of each of the aforementioned libraries, shall each levy annually, on each one hundred dollars of the assessed valuation of property within the limits of Logan 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 thereafter;
Class I, four-tenths cents;
Class II, eight-tenths cents;
Class III and IV, one and six-tenths cents.
The board of education of Logan County, for the first year and annually thereafter;
Class I, four-tenths cents;
Class II, eight-tenths cents;
Class III and IV, one and six-tenths cents.
Each year the board of directors of each of the aforementioned libraries shall agree on and request each of the two supporting authorities to levy within the rates prescribed above, at the rates agreed to and specified by the boards, 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 as agreed to and requested by the board of directors of each of the aforementioned libraries. Nothing herein shall prevent any of the supporting authorities from contributing to these public libraries, from time to time, any other general or specific revenues or excess levies.
The proceeds of any levy subject to the provisions herein shall be divided and disbursed equally to the aforementioned libraries and may be used by the respective boards of directors of the aforementioned libraries for the maintenance, support, operation and management of the library, and any other facilities acquired by said boards, either by gift or purchase.
The boards are 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 accumulated surplus may be used for capital improvements, including additions or extensions to library facilities, the equipping of facilities, the purchase of real estate or the construction of buildings or their furnishings.
§2. Effect of future amendments of general law.
Amendments to 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 unmistakable.
§3. Severability.
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 Chapmanville Public Library, the Buffalo Creek Memorial Library and the Logan area public library.