H. B. 2236
(By Delegates Douglas, Collins, Tucker, Prunty, Claypole,
Stalnaker and Capito)
(Originating in the Committee on Government Organization)
[February 26, 1997]
A BILL to amend and reenact section eleven, article three-a,
chapter twenty-nine-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
striking language calling for sunset review of the
legislative oversight commission on education
accountability.
Be it enacted by the Legislature of West Virginia:
That section eleven, article three-a, chapter twenty-nine-a
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
§29A-3A-11. Creation of a legislative oversight commission on
education accountability.
(a) There is hereby created a joint commission of the
Legislature known as the legislative oversight commission on
education accountability to review all legislative rules of the
board and such other rules as the commission deems appropriate.
The commission shall be composed of six members of the Senate
appointed by the president of the Senate and six members of the House of Delegates appointed by the speaker of the House of
Delegates. No more than five of the six members appointed by the
president of the Senate and the speaker of the House of
Delegates, respectively, may be members of the same political
party. In addition, the president of the Senate and the speaker
of the House of Delegates shall be ex officio nonvoting members
of the commission and shall designate the cochairmen. At least
one of the Senate members and one of the House members shall be
members of the committee on education of the Senate and House,
respectively, and at least one of the Senate members and at least
one of the House members shall be a member of the committee on
finance of the Senate and House, respectively. The members shall
serve until their successors shall have been appointed as
heretofore provided. Members of the commission shall receive
such compensation and expenses as provided in article two-a,
chapter four of this code. Such expenses and all other expenses
including those incurred in the employment of legal, technical,
investigative, clerical, stenographic, advisory and other
personnel shall be paid from an appropriation to be made
expressly for the legislative oversight commission on education
accountability, but if no such appropriation be made, such
expenses shall be paid from the appropriation under "Account No.
103 for Joint Expenses", but no expense of any kind whatever
payable under said account for joint expenses shall be incurred
unless first approved by the joint committee on government and
finance. The commission shall meet at any time both during
sessions of the Legislature and in the interim.
(b) The commission may adopt such rules of procedure as it
considers necessary for the submission, presentation and
consideration of rules.
(c) After having conducted a performance audit through its
joint committee on government operations, pursuant to section
nine, article ten, chapter four of this code, the Legislature
hereby finds and declares that the legislative oversight
commission on education accountability should be continued and
reestablished. Accordingly, notwithstanding the provisions of
section four of said article, the legislative oversight
commission on education accountability shall continue to exist
until the first day of July, one thousand nine hundred ninety- eight. If such commission is terminated pursuant to this
subsection, any report required to be submitted to it shall
instead be submitted to the joint committee on education of the
Legislature.
NOTE: The purpose of this bill is to strike language
calling for review of the Legislative Oversight Commission on
Education Accountability pursuant to the West Virginia Sunset
Law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage during the 1997 Regular Session
of the Legislature.