SB 192 — Relating to WV Secondary School Activities Commission audits

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COMMISSION  JOINT  RULES  STAFFAdopted INFORejected BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 192 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 192 Senator Tarr, original sponsor [Originating in the Committee on Education;

reported on January 17, 2020]     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;

requiring Legislative Auditor to conduct a performance audit of the commission;

authorizing the inspection of records and examination of personnel;

permitting subsequent performance audits to be conducted at reasonable and prudent intervals;

and removing redundant wording.

Be it enacted by the Legislature of West Virginia:

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 and regulations by state board;

incorporation;

funds and audits of funds;

participation by private and parochial schools.

(a) 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 established.

(b) 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 29A 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 31 of this code.

(c) 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 §18-5-1 et seq.

of this code, and such funds of the commission shall be are public funds subject to an annual audit by the State Tax Commissioner.

(d) In addition, the Legislative Auditor may, at reasonable and prudent intervals, conduct performance audits of the commission.

For this purpose, the Legislative Auditor shall have the power and authority to examine the revenues, expenditures, and performance of the commission, which shall allow the Legislative Auditor to inspect all records and accounts of the commission and to examine the personnel of the commission.

For any legally protected information provided or disclosed to the Legislative Auditor pursuant to this subsection, the Legislative Auditor shall protect the confidentiality, privacy, or security of the protected information in like manner and with the same duty as is required of the commission.

The Legislative Auditor shall complete an initial performance audit of the commission by December 1, 2021, and, on that date, deliver a report thereof to the Joint Committee on Government and Finance and to the Legislative Oversight Commission on Education Accountability.

­(e) 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 private and parochial secondary schools as that elect to delegate to such 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.

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