Relating to county parks and recreation commission

HB 5199 Text

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Introduced Version

House Bill 5199 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5199
By Delegates B. Smith, Parsons, Funkhouser, Ferrell, Sheedy, Jordan, G. Ward, G. Howell, Moore, Leavitt, and Foggin
[Introduced February 04, 2026; referred to the Committee on Government Organization]
A BILL to amend and reenact §7-11-1 and §7-11-3, of the Code of West Virginia, 1931, as amended, both relating to requiring county Parks, Entertainment, and Recreation Commissions, or PERCs, to be established.
Be it enacted by the Legislature of West Virginia:

article 11. county parks and recreation commissions.

§7-11-1. County courts authorized to create a county parks,
entertainment,
and recreation commission.

The county court of any county is hereby authorized and empowered, by order entered of record, to create a county
parks and recreation commission

Parks, Entertainment, and Recreation Commission
for the purpose of establishing, improving, developing, administering, operating and maintaining a county public parks and recreation system or public recreational facilities,
unless demonstrated to be fiscally unable or a county has already established a parks and recreation board or commission that has been set up either by the county commission, through legislative action, or through a charitable non-profit organization.

§7-11-3. Number of members; quorum; qualifications; appointment; term; disqualifications.

The commission shall consist of
eleven members,

an odd number of members based on the population of each county and shall be determined by the county commission
, a majority of whom shall constitute a quorum for the transaction of business
.
Each member of said commission shall be a bona fide resident of the county and shall own real estate within such county. The term of the commission members shall be for three years and until their successors have been appointed and have qualified:
Provided,
That the county court in appointing the members of the first commission shall appoint
three members for a term of one year; four members for a term of two years and four members for a term of three years

a certain number of members for a term of one year, two years, and three years
. The order of the county court shall fix the date on which the term of such commission members shall begin. The members of any board of park and recreation commissioners heretofore created under the former provisions of this article shall continue in office as members of the parks and recreation commission of such county until their terms expire and their successors have been appointed and have qualified. Any member of the commission who shall cease to be a bona fide resident of the county or a freeholder thereof, shall thereby be disqualified as a member of said commission and his
or her
office shall become vacant. When a vacancy occurs on said commission by reason of death, resignation, change of residence from the county,
failure to remain a freeholder of the county,
or expiration of term, the county court shall appoint a successor or successors to fill out the unexpired term of the member of the commission whose term has been vacated.

NOTE: The purpose of this bill is to authorize county courts to establish county PERCs, or county Parks, Entertainment, and Recreation Commissions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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