West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2058
2015 Carryover
(By Delegate Caputo)
[Introduced January 13, 2016; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18‑2‑25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; and requiring rules relating to interscholastic athletic football events include the requirement that neck braces be worn by all football players.
Be it enacted by the Legislature of West Virginia:
That §18‑2‑25 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18‑2‑25. Authority of county boards to regulate athletic and other extracurricular activities of secondary schools; delegation of authority to West Virginia Secondary School Activities Commission; authority of commission; approval of rules by state board; incorporation; funds; participation by private and parochial schools.
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 the 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 established.
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 commission. 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. 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. The commission
shall provide in any rule pertaining to interscholastic athletic football
events that all players are required to wear neck braces, in addition to the
head gear and other protective equipment ordinarily worn in those events.
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 the commission, as well as moneys derived
from any contest or other event sponsored by said the
commission, shall be quasi‑public funds as the same are defined in
article five, chapter eighteen, and such the funds of the
commission shall be subject to an annual audit by the State Tax Commissioner.
The West Virginia Secondary School Activities Commission
shall promulgate reasonable rules and regulations providing for the
control, supervision and regulation of the interscholastic athletic events and
other extracurricular activities of such the 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 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.
NOTE: The purpose of this bill is to require the West Virginia Secondary School Activities Commission to adopt rules to provide for use of neck braces by all football players in interscholastic athletic football events.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.