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Introduced Version House Bill 2854 History

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hb2854 intr
H. B. 2854


(By Delegates Frich, Tansill, Marshall,

Trump and Houston)

[Introduced March 3, 2005; referred to the

Committee on Political Subdivisions then the Judiciary.]




A BILL to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as amended, relating to municipalities generally; and removing the limitation on the number of members a municipality may appoint to a Board of Park and Recreation Commission.

Be it enacted by the Legislature of West Virginia:

That §8-21-3 of the Code of West Virginia, 1931, as amended,

be amended and reenacted to read as follows:

ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.

§8-21-3. Members; quorum; qualifications; election or appointment; terms; disqualification.

The Board shall consist of not less than three nor more than five members as may be provided by charter provision or ordinance, a majority of whom shall constitute a quorum for the transaction of business, except as hereinafter in this article provided. Each member of said the Board must be a resident and freeholder of the city. It may be provided either by charter provision or by ordinance for the appointment of the members thereof by the governing body, but unless and until such provision is made, the members of the Board shall be elected by the qualified voters of the city at appropriate regular municipal elections. Membership on the governing body shall not disqualify any member for election to the Board. If provision is made for the appointment of members as aforesaid and the Board consists of three or four members, one member of the governing body, if otherwise qualified, may be appointed by the governing body, and if the Board consists of five members not more than two members of the governing body so qualified may be so appointed. The term of the Board membership of any such member of the governing body so appointed shall continue during his or her term as a member of such governing body and until his or her successor is appointed or elected and qualified. The terms of other appointed or of elected members shall be for six years, and until their successors have been duly appointed or elected and qualified: Provided, That notwithstanding the fact that there be no charter provision or ordinance for appointment of the members of the Board, the governing body of the city shall appoint the members of the first Board, such appointees to serve, one for a term of six years, one for a term of four years, and one for a term of two years. The date upon which the terms of such the Board members shall begin shall be specified by ordinance. When any member of the Board, during his or her term of office, shall cease to be a resident and freeholder of the city, he or she shall thereby be disqualified as a member of said the Board and his or her office shall thereupon become vacant.



NOTE: The purpose of this bill is to remove the upper limitation on the number of members a municipality may appoint to a Board of Park and Recreation Commission.

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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