Committee Substitute
House Bill 4455 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4455
(By Delegates
T. Walker, Overington, Duke,
Blair and J. Miller
m)
(Originating in the Committee on Finance)
[February 22, 2010]
A BILL to
amend and reenact chapter 83, Acts of the Legislature,
regular session, 1970, relating to changing the Martinsburg
Public Library to the Martinsburg-Berkeley County Public
Library; and to create a library board with the power to
operate the said public library.
Be it enacted by the Legislature of West Virginia:
§1. Martinsburg-Berkeley County Public Library Created.
The city of Martinsburg formed the Martinsburg Public Library,
which now provides library service to all of Berkeley County. The
public library is funded by Berkeley County, the Berkeley County
Board of Education and the city of Martinsburg. To recognize the
county-wide service and shared funding of the public library, the
corporation known as the Martinsburg Public Library shall become
the Martinsburg-Berkeley County Public Library.
§2. Board of Directors - Appointment, powers and duties.
(a) There shall be a board of five directors, who shall serve
without compensation. The directors currently serving will serve until the end of their respective terms.
(b) (1) Beginning June 30, 2010 the Berkeley County Commission
shall be responsible for two appointments;
(2) The Berkeley County Board of Education shall be responsible
for two appointments; and,
(3) The City of Martinsburg shall be responsible for one
appointment.
(c) The term expiring June 30, 2010 shall be appointed by the
Berkeley County Commission; the term expiring June 30, 2011 shall
be appointed by the Berkeley County Board of Education; the term
expiring June 30, 2012 shall be appointed by the City of
Martinsburg; the term expiring June 30, 2013 shall be appointed by
the Berkeley County Commission; and the term expiring June 30, 2014
shall be appointed by the Berkeley County Board of Education.
Successive appointments will be filled by the original appointing
authority.
(d) The powers and duties of the Martinsburg-Berkeley County
Public Library and the board of directors are as provided in article
one, chapter ten of the West Virginia Code.
§
1 3. Levies by the Berkeley County Commission, The Berkeley County
Board of Education and City of Martinsburg to support
Martinsburg-Berkeley County Public Library.
In order to provide for the support, maintenance, and operation
of the Martinsburg-Berkeley County Public Library, Berkeley County,
West Virginia, and any and all branches thereof, the Berkeley County Board of Education, the Berkeley County court Commission and the
City of Martinsburg, hereinafter described as the supporting
agencies, shall, upon written request by the board of directors of
the Martinsburg-Berkeley County Public Library, levy annually on
each $100 of assessed valuation of the property taxable according
to the last assessment for state and county purposes, amounts as
follows: By the Berkeley County Board of Education of the county of
Berkeley, Class I, one-half cent; Class II, one cent; Class III, two
cents; Class IV, two cents; by the county court of Berkeley County
Commission, Class I, one-half cent; Class II, one cent; Class III,
two cents; Class IV, two cents; and by the City of Martinsburg,
Class I, one-half cent; Class II, one cent; Class IV, two cents.
Each year the board of directors shall request each of the
three supporting agencies to levy within the above rates on each
$100 of assessed valuation of property of the same class, and each
of the three supporting agencies shall levy within the rates
aforesaid. In addition, each supporting agency may contribute to
the public library any other general or specific revenues or excess
levies. All income realized by the operation of the public library
from any sources other than the above levies shall be used by the
board of directors for the support and maintenance of the public
library.
§2 4. Disbursements.
All money collected or appropriated by the three supporting
agencies for library purposes shall be deposited in a bank account as directed by the library board of directors and disbursed by if
for salaries, wages, books, other library materials such as
magazines, pamphlets, papers, works of art, records also machinery,
equipment, supply services and other cost and expenses of operation
a public library and maintaining, repairing, improving and replacing
its property as well as acquiring additional property.
§3 5. Status of employees.
All employees of the Martinsburg-Berkeley County Public Library
shall be are entitled to the benefits of the provisions of chapter
twenty-three and of articles seven and ten of chapter five of the
Code of West Virginia, 1931, as amended.
§4 6. Effect of future amendments of general law.
Amendments to article one, chapter ten of the Code of West
Virginia, 1931, as amended, and other general laws shall not control
this act except to the extent that they do not conflict with the
special features hereof, or unless the intent to amend this act is
clear, specific and unmistakable.
§5 7. Severability.
If any provision hereof is held invalid, such invalidity shall
not affect other provisions hereof which can be given effect without
the invalid provision, and to this end the provisions of this act
are declared to be severable.