HB2524 H PS AM 2-17

                                                       HOUSE COMMITTEE ON POLITICAL SUBDIVISIONS

                                                                                                                COUNSEL: David Gilbert

            The Committee on Political Subdivisions moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“Martinsburg-Berkeley County Public Library.

§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 public library’s county-wide service and its several funding sources, the corporation known as the “Martinsburg Public Library” is now the “Martinsburg-Berkeley County Public Library.”

§2. Board of Directors – Appointment, powers and duties.

            (a) The Martinsburg-Berkley County Public Library shall have a board of five directors, who shall serve without compensation. The Berkeley County Commission shall appoint two directors; the Berkeley County Board of Education shall appoint two directors; and the city of Martinsburg shall appoint one director. Notwithstanding the foregoing sentence, the directors serving when this law becomes effective shall serve until the ends of their respective terms, and their offices shall be filled by appointment in the following manner:

            (1) The Berkeley County Commission shall appoint a successor to the director whose term of office expires on June 30, 2015;

            (2) The Berkeley County Board of Education shall appoint a successor to the director whose term of office expires on June 30, 2016;

            (3) The city of Martinsburg shall appoint a successor to the director whose term of office expires on June 30, 2017;

            (4) The Berkeley County Commission shall appoint a successor to the director whose term of office expires on June 30, 2018; and

            (5) The Berkeley County Board of Education shall appoint a successor to the director whose term of office expires on June 30, 2019.

            (b) Successive appointments shall be filled by the original appointing authority designated in this section.

            (c) The powers and duties of the Martinsburg-Berkeley County Public Library and of its board of directors are stated in chapter ten of the West Virginia Code.

§1 3. Levies by county commission, 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 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 commission of Berkeley County, 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 costs and expenses of operating 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 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 do 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 that can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.