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.