COMMITTEE SUBSTITUTE

FOR

H. B. 4399(By Delegates Skaff, Poore, Lane, Guthrie,

Wells, McCuskey, Lawrence and Storch)

         (Originating in the Committee on the Judiciary)

[February 18, 2014]

A BILL to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to special elections for the purpose of submitting a levy question to voters; prohibiting a local levying body from holding more than one special election for the purpose of submitting a levy question to the voters in any year during which a regular primary or general election is held; and prohibiting a local levying body from holding a special election for the purpose of submitting a levy question to voters during the months of January, February and December during years in which there is no regular primary or general election.

Be it enacted by the Legislature of West Virginia:

    That §11-8-16 of the Code of West Virginia, 1931, 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) 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 five, to which the additional levy applies;

    (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.

    (b) 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. The local levying body may not hold more than one special election for the purpose of submitting a levy question to the voters during any year in which a regular primary or general election is held. During years in which there is no regular primary or general election, the local levying body may not hold a special election in the months of January, February or December.

    (c) 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 must be the actual number of cents per each $100 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 $100 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 $100 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 $100 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.

    (d) Levies authorized by this section shall may not continue for more than five years without resubmission to the voters.

    (e) 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.

    (f) Insofar as they might concern the issuance of bonds as provided in this section, the provisions of sections three and four, article one, chapter thirteen of this code shall do not apply.