Senate Bill No. 496
(By Senator Bowman)
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[Introduced February 10, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section sixteen, article eight,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to elections
for additional levies; changing the proposed maximum number
of years to which an additional levy applies from three
years to up to four years; and providing that elections for
additional levies may take place during general elections.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article eight, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-16. What order for election to increase levies to show;
vote required; amount and continuation of additional levy; issuance of bonds.
A local levying body may provide for an election to increase
the levies, by entering on its record of proceedings an order
setting forth:
(1) The purpose for which additional funds are needed;
(2) The amount for each purpose;
(3) The total amount needed;
(4) The separate and aggregate assessed valuation of each
class of taxable property within its jurisdiction;
(5) The proposed additional rate of levy in cents on each
class of property;
(6) The proposed number of years, not to exceed three four,
to which the additional levy applies, except that in the case of
county boards of education the proposed number of years shall
not exceed five: Provided, That any election held pursuant to
this section may be held during a regularly scheduled statewide
primary or general election or special election.
(7) The fact that the local levying body will or will not
issue bonds, as provided by this section, upon approval of the proposed increased levy.
The local levying body shall submit to the voters within
their political subdivision, the question of the additional levy
at either a primary, general or special election. If at least
sixty percent of the voters cast their ballots in favor of the
additional levy, the county commission or municipality may impose
the additional levy. If at least a majority of voters cast their
ballot in favor of the additional levy, the county board of
education may impose the additional levy: Provided,
That any
additional levy adopted by the voters, including any additional
levy adopted prior to the effective date of this section, shall
be the actual number of cents per each one hundred dollars of
value set forth in the ballot provision, which number shall not
exceed the maximum amounts prescribed in this section, regardless
of the rate of regular levy then or currently in effect, unless
such rate of additional special levy is reduced in accordance
with the provisions of section six-g of this article or otherwise
changed in accordance with the applicable ballot provisions. For
county commissions, this levy shall not exceed a rate greater
than seven and fifteen hundredths cents for each one hundred dollars of value for Class I properties, and for Class II
properties a rate greater than twice the rate for Class I
properties, and for Class III and IV properties a rate greater
than twice the rate for Class II properties. For municipalities,
this levy shall not exceed a rate greater than six and
twenty-five hundredths cents for each one hundred dollars of
value for Class I properties, and for Class II properties a rate
greater than twice the rate for Class I properties, and for Class
III and IV properties a rate greater than twice the rate for
Class II properties. For county boards of education, this levy
shall not exceed a rate greater than twenty-two and ninety-five
hundredths cents for each one hundred dollars of value for Class
I properties, and for Class II properties a rate greater than
twice the rate for Class I properties, and for Class III and IV
properties a rate greater than twice the rate for Class II
properties.
Levies authorized by this section shall not continue for
more than three four years in the case of county commissions and
municipalities and five years in the case of county boards of
education without resubmission to the voters.
Upon approval of an increased levy as provided by this
section, a local levying body may immediately issue bonds in an
amount not exceeding the amount of the increased levy plus the
total interest thereon, but the term of the bonds shall not
extend beyond the period of the increased levy.
Insofar as they might concern the issuance of bonds as
provided for in this section, the provisions of sections three
and four, article one, chapter thirteen of this code shall not
apply: Provided, That nothing contained in this section shall
conflict with the provisions of article X, section 8 of the
constitution of West Virginia.
NOTE: The purpose of this bill is to change the proposed
maximum number of years to which an additional levy may apply
from three years to four years relative to counties and
municipalities. The bill also provides that elections for
additional levies may take place during general, primary, or
special elections.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.