H. B. 4044
(By Delegates Facemyer and Beane)
[Introduced January 11, 1996; referred to the
Committee on Education then Government Organization.]
A BILL to amend and reenact section twenty-five, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the West
Virginia secondary school activities commission; placing the
West Virginia secondary school activities commission under
the rule-making and budgeting authority of the Legislature;
requiring full financial disclosure and accounting to the
Legislature; and providing for a termination date of the
West Virginia secondary school activities commission.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Regulation of athletic and other extracurricular
activities of secondary schools; authority to West
Virginia secondary school activities commission;
authority of commission subject to Legislature;
rules;
funds appropriated by Legislature; annual
accounting
to Legislature; participation by private
and
parochial schools.
The county boards of education are hereby granted and shall
exercise the control, supervision and regulation of all
interscholastic athletic events, and other extracurricular
activities of the students in public secondary schools, and of
said schools of their respective counties. The county board of
education may delegate such control, supervision and regulation
of interscholastic athletic events and band activities to The
"West Virginia secondary school activities commission," which is
hereby was previously established by this section is hereby
continued as a "governmental entity" of the state of West
Virginia as that term is defined in section three, article ten,
chapter four of this code and is subject to the budget authority
of the Legislature.
The West Virginia secondary school activities commission
shall be composed of the principals, or their representatives, of
those secondary schools whose county boards of education have
certified in writing to the state superintendent of schools that
they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in
their respective counties to said commission or from those
persons designated by the president of the Senate and the speaker
of the House of Delegates as recommended by the education
committees of the respective houses of the Legislature. The West
Virginia secondary school activities commission is hereby
empowered to exercise the control, supervision and regulation of
interscholastic athletic events and band activities of secondary
schools, delegated to it pursuant to this section and the
approval of the Legislature. The rules and regulations of the
West Virginia secondary school activities commission shall
contain a provision for a proper review procedure and review
board and be promulgated in accordance with the provisions of
chapter twenty-nine-a of this code. but shall, in all instances
be subject to the prior approval of the state board. The West
Virginia secondary school activities commission, may, with the
consent of the state board of education, incorporate under the name of "West Virginia Secondary School Activities Commission,
Inc.," as a nonprofit, nonstock corporation under the provisions
of chapter thirty-one of this code. County boards of education
are hereby authorized to expend moneys for and pay dues to the
West Virginia secondary school activities commission, and all
moneys paid to such commission, as well as moneys derived from
any contest or other event sponsored by said commission, shall be
quasi-public funds as the same are defined in article five,
chapter eighteen The West Virginia secondary school activities
commission shall be funded from appropriations made available
from the Legislature and such funds of the commission shall be
subject to an annual audit by the state tax commissioner:
Provided, That the West Virginia secondary school activities
commission shall make full financial disclosure and accounting to
the Legislature no later than the thirty-first day of January of
every year.
The West Virginia secondary school activities commission
shall promulgate reasonable rules and regulations providing for
the control, supervision and regulation of the interscholastic
athletic events and other extracurricular activities of such
private and parochial secondary schools as elect to delegate to
such commission such control, supervision and regulation, upon the same terms and conditions, subject to the same regulations
and requirements and upon the payment of the same fees and
charges as those provided for public secondary schools. Any such
private or parochial secondary school shall receive any monetary
or other benefits in the same manner and in the same proportion
as any public secondary school.
The West Virginia secondary school activities commission
shall be terminated on the first day of July, one thousand nine
hundred ninety-seven.
NOTE: This bill places the West Virginia Secondary School
Activities Commission under the rule-making and budgeting
authority of the Legislature; it requires full financial
disclosure and accounting to the Legislature; and provides for a
termination date of the West Virginia Secondary School Activities
Commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.