West Virginia
Legislature
2017 Regular Session
Introduced
House Bill 2056
(By Delegate Caputo)
[
to the Committee on Education then Finance.
A BILL to amend and
reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to
the West Virginia Secondary School Activities Commission; and requiring rules
relating to interscholastic athletic football events include the requirement
that neck braces be worn by all football players.
Be it enacted by the
Legislature of West Virginia:
That §18-2-25 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Authority of county boards to regulate
athletic and other extracurricular activities of secondary schools; delegation
of authority to West Virginia Secondary School Activities Commission; authority
of commission; approval of rules by state board; incorporation; funds;
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 the
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 established.
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. 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. 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. The commission shall provide in any rule pertaining to
interscholastic athletic football events that all players are required to wear
neck braces, in addition to the head gear and other protective equipment
ordinarily worn in those events. 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 the commission, as well
as moneys derived from any contest or other event sponsored by said the
commission, shall be quasi-public funds as the same are defined in article
five, chapter eighteen, and such the funds of the commission
shall be subject to an annual audit by the State Tax Commissioner.
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 the private and
parochial secondary schools as elect to delegate to such the
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.
NOTE: The purpose of this bill is
to require the West Virginia Secondary School Activities Commission to adopt
rules to provide for use of neck braces by all football players in
interscholastic athletic football events.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.