ENGROSSED
H. B. 2782
(By Delegates Beach, Perry, Marshall and Houston)
[Introduced
March 1, 2005
; referred to the
Committee on Political Subdivisions then Government
Organization.]
A bill to amend and reenact §8-21-3 of the Code of West Virginia,
1931, as amended, relating to municipal board of park and
recreation commissioners generally; increasing the number of
members the governing body may appoint to a board of park and
recreation commissioners to not more than seven; and providing
for the appointment of not more than three members from the
governing body if the board of park and recreation
commissioners consists of six or seven members.
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 seven 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 may 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
and if the board consists of
six or seven members not more than three 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 the
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 increase the number of
members a municipality may appoint to a board of park and
recreation commission from not less than three to not more than
seven.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.