H. B. 2197


(By Delegates Perry, Beach,

Manuel, Romine and Poling)

[Introduced January 14, 2003; referred to the

Committee on Education then the Judiciary.]




A BILL to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-six, relating to providing a criminal penalty for a member of a county board of education to willfully and knowingly attempt to exercise authority outside the statutory authority given to board members.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-six, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-46. Attempting to exceed scope of authority; criminal penalty.

Any member of a county board of education who, while representing himself or herself to be acting in the capacity of a board member, willfully and knowingly attempts to exercise authority outside the statutory authority given to board members in this code, is guilty of a misdemeanor and, upon conviction thereof, shall be fined at least one hundred and not more than one thousand dollars, or confined in a county or regional jail for not more than thirty days, or both fined and confined.


NOTE: The purpose of this bill is to provide a criminal penalty for a member of a county board of education who willfully and knowingly attempts to exercise authority outside the statutory authority given to board members.

This section is new; therefore, strike-throughs and underscoring have been omitted.