H. B. 2025
(By Delegates J. Martin and Love)
[Introduced February 10, 1993; referred to the
Committee on Government Organization.]
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
continuation 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:
ARTICLE 3A. HIGHER EDUCATION RULE MAKING.
§29A-3A-11. Creation of a legislative oversight commission on
education accountability; continuation.
(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 Senateappointed 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 no. 103 for joint expenses shall be
incurred unless first approved by the joint committee ongovernment 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) Pursuant to the provisions of section four, article ten,
chapter four of this code, the legislative oversight commission
on education accountability shall continue to exist until the
first day of July, one thousand nine hundred ninety-three, to
allow for the completion of an audit by the joint committee on
government operations. 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, article ten, chapter four of this
code, 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: This bill provides for the continuation of the
Legislative Oversight Commission on Education Accountability
until July 1, 1998.
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 at the 1993 Regular Session.