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Committee Substitute House Bill 4010 History

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hb4010 sub
COMMITTEE SUBSTITUTE


FOR

H. B. 4010


(By Delegates Morgan and Michael)

[Originating in the Committee on Government Organization.]

[January 15, 2008]



A BILL to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to the term of office a library board of director may serve.

Be it enacted by the Legislature of West Virginia:
That §10-1-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-5. Board of library directors -- Qualifications; term of office; vacancies; removal; no compensation.

(a) Whenever a public library is established under this article, the governing authority or authorities shall appoint a board of directors with five members chosen with reference to their fitness for such office, from:
(1) The citizens of the library's service area, as determined by the Library Commission; or
(2) The county in which the library is located.
(b) The board of directors for a regional library shall consist of not less than five nor more than ten members, with a minimum of one member from each county in the region. The total number of directors and the apportionment of directors by county shall be determined by joint action of the governing authorities concerned.
(c) The term of office for a director is five years from the first day of July following the appointment. Directors may only serve two consecutive terms, and may serve until their successors are appointed and qualified.
(d) For a new board of directors under this article, the initial appointment of the directors shall be staggered. Thereafter all appointments shall be for terms of five years.
(e) Vacancies in the board shall be immediately reported by the board to the governing authority and filled by appointment. Vacancies for an unexpired term shall be immediately reported by the board to the governing authority and filled by appointment for the remainder of the term only.
(f) A director may be removed for just cause in the manner provided by the bylaws of the library board.
(g) No compensation shall be paid to any director.



NOTE: The purpose of this bill is to remove the limitation on terms for members on the board of library directors.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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