H. B. 4743
(By Delegates Williams, Beach, Crosier, Hartman,
Renner, Shaver and SwartzmillerSPONSOR)
(Originating inDATE the
Committee on Education)
[March 1, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-4-9,Bill Title relating to
establishing conditions precedent to eliminating certainTitle Language
National Collegiate Athletic Association eligible teams.
Be it enacted by the Legislature of West Virginia:
That Enacting Sectionthe code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-4-9, to read as
follows:
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-9. Recognizing the value of competitive sports and
establishing limitations and process precedent to
their elimination.
(a) The Legislature finds that athletic competition has
ancient precedent in the development of strong minds and bodies and
has been a source of pride and cohesiveness in societies as old as the city-states of ancient Greece. The Legislature further finds
that similar qualities persist today in the athletic competitions
supported through our colleges and universities, providing
opportunities for students to grow academically, physically and
socially, and gaining recognition for their institutions nationally
through participation in NCAA competitive team events and through
the prowess of individual athletes in national standings and
through international Olympic competition. The Legislature finds
that these qualities and recognition are important not only as a
source of pride and cohesiveness for the citizens of the state and
the respective student bodies, but that they help attract positive
attention to the other fine qualities of the state and its colleges
and universities. Therefore, the purpose of this section is to
establish a process and conditions precedent to the elimination
competitive sports teams at state institutions of higher education.
(b) Notwithstanding any other provision of this code to the
contrary, any National Collegiate Athletic Association eligible
team existing at a state institution of higher education on the
first day of July, two thousand two, may not be eliminated by the
institution unless each of the following conditions have been met:
(1) The institution gives the team a written notice of its
intent to eliminate the team in accordance with this section and
informs the team of the conditions set forth in this section;
(2) No facilities, equipment, personnel or support of the team may be reduced or eliminated for at least two years from the date
of the written notice;
(3) During the two-year period following the institution's
notice of intent to eliminate a team, the team shall be permitted
to solicit and seek alternative sources of funding and support for
the continuation of the team and shall be permitted to continue to
compete either as a National Collegiate Athletic Association
eligible team
or as a club. Any gift, grant, bequest, donation or
appropriation of funds made to the institution for the team shall
be accepted by the institution and used by the institution solely
for the benefit of the team;
(4) If alternative sources of funding and support for the team
are secured
within the two-year period following the institution's
notice of intent to eliminate a team, the team shall not be
eliminated; and
(5) If alternative sources of funding and support for the team
are not secured
within the two-year period following the
institution's notice of intent to eliminate a team, the team may be
permitted to continue to compete as a club or may be eliminated at
the discretion of the institution.