H. B. 2197
(By Delegates Perry, Beach,
Manuel, Romine and Poling)
[Introduced January 14, 2003; referred to the
Committee on Education then the Judiciary.]
A BILL to amend article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section forty-six,
relating to providing a criminal penalty for a member of a
county board of education to willfully and knowingly attempt
to exercise authority outside the statutory authority given to
board members.
Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
forty-six, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-46. Attempting to exceed scope of authority; criminal
penalty.
Any member of a county board of education who, while
representing himself or herself to be acting in the capacity of a
board member, willfully and knowingly attempts to exercise
authority outside the statutory authority given to board members in
this code, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined at least one hundred and not more than one thousand
dollars, or confined in a county or regional jail for not more than
thirty days, or both fined and confined.
NOTE: The purpose of this bill is to
provide a criminal
penalty for a member of a county board of education who willfully
and knowingly attempts to exercise authority outside the statutory
authority given to board members.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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