West Virginia Legislature

2016 Regular Session

Introduced

House Bill 2058

2015 Carryover

(By Delegate Caputo)

[Introduced January 13, 2016; referred 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 the present law, and underscoring indicates new language that would be added.