Senate Bill No. 70
(By Senators Facemyer, Craigo, Rowe, Sprouse and Minear)
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[Introduced; referred to the Committee
on Education; and then to the Committee on Finance.]
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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 four years; changing the proposed maximum number
of years to which an additional levy relative to a county
board of education applies from five years to six years;
and providing that elections for additional levies take
place during primary or 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
may not exceed five six: Provided, That any election held
pursuant to this section shall be held during a regularly
scheduled statewide primary or general 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 or general or special regularly held
statewide 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 may not exceed the maximum
amounts prescribed in this section, regardless of the rate of
regular levy then or currently in effect, unless such the 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 may 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
may 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 may
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 may not continue for
more than three four years in the case of county commissions and
municipalities and five six 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 may 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 may
not apply: Provided, That nothing contained in this section
shall may conflict with the provisions of section 8, article X
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 applies from
three years to four years and to change the proposed maximum
number of years to which an additional levy relative to a county
board of education applies from five years to six years. The
bill also provides that elections for additional levies take
place during primary or general elections.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.