WEST virginia legislature
2020 regular session
Introduced
Senate Bill 192
By Senator Tarr
[Introduced January 9, 2020; referred
to the Committee on Education]
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 Legislative Auditor to perform financial and performance audits of commission.
Be it enacted by the Legislature of West Virginia:
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 and regulations 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 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 29A 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 31 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 §18-5-1 et seq. of
this code, and such funds of the
commission shall be subject to an annual audit by the State Tax Commissioner. In
addition, the Legislative Auditor may periodically perform financial and
performance audits of the commission. The Legislative Auditor shall perform his
or her initial financial and performance audits of the commission by December
1, 2021.
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 rules 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 Legislative Auditor to perform financial and performance audits of the West Virginia Secondary School Activities Commission.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.