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.