H. B. 4663


(By Delegates Kominar and H. White)

[Introduced February 24, 2000; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact section twenty-five, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia secondary school activities commission; placing the West Virginia secondary school activities commission under the rule-making and budgeting authority of the Legislature; requiring full financial disclosure and accounting to the Legislature; and providing for a termination date of the West Virginia secondary school activities commission.

Be it enacted by the Legislature of West Virginia:
That section twenty-five, article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Regulation of athletic and other extracurricular activities of secondary schools; authority to West Virginia secondary school activities commission; authority of commission subject to Legislature; rules; funds appropriated by Legislature; annual accounting to Legislature; participation by private and parochial schools; termination date.

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 was previously established by this section is continued as a governmental entity of the state of West Virginia as that term is defined in section three, article ten, chapter four of this code and is subject to the budget authority of the Legislature.
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 the commission or from those persons designated by the president of the Senate and the speaker of the House of Delegates as recommended by the education committees of the respective houses of the Legislature. 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 and the approval of the Legislature. 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 twenty-nine-a 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 thirty-one 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 article five, chapter eighteen The West Virginia secondary school activities commission shall be funded from appropriations made available from the Legislature and such the funds of the commission shall be subject to an annual audit by the state tax commissioner: Provided, That the West Virginia secondary school activities commission shall make full financial disclosure and accounting to the Legislature no later than the thirty-first day of January of every year.
The West Virginia secondary school activities commission shall promulgate propose for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code 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 the 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.
The West Virginia secondary school activities commission shall be terminated on the first day of July, two thousand one.


NOTE: This bill places the West Virginia Secondary School Activities Commission under the rule-making and budgeting authority of the Legislature; requires full financial disclosure and accounting to the Legislature; and provides for a termination date of the West Virginia Secondary School Activities Commission.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.