H. B. 4673


(By Delegate Huntwork)
[Introduced March 2, 1994; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section four, article five, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the educational broadcasting authority; solicitation of funds.

Be it enacted by the Legislature of West Virginia:

That section four, article five, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.

§ 10 - 5 - 4. Funds; right of state agencies, etc., to contribute to authority.

(a) The authority is further authorized and empowered to apply for and receive appropriations, gifts, bequests or grants from any agency of the United States government, any agency of the state of West Virginia, any municipality or county within this state, any school board or college or university supported in whole or in part by this state or any other person, firm, partnership, association or corporation, within or without this state, and any agency of the state of West Virginia, any municipality or county within this state, or any school board or college or university supported in whole or in part by this state is hereby authorized and empowered to make appropriations or grants to the authority, to assist in achieving the public purpose of the authority. All such funds shall be deposited with the state treasurer of West Virginia and dispersed disbursed by the authority to be used exclusively for carrying out the provisions of this article: Provided, That any appropriations, gifts, bequests or grants received by the authority with any restriction or restrictions on the use thereof shall be expended by the authority in accordance with such restriction or restrictions.

(b) The authority shall cooperate with those West Virginia charitable corporations known as the "Friends of West Virginia Public Radio, Inc.," the "Friends of WPBY, Inc.," the "Friends of Channel 9, Inc." and the "Friends of WNPB, Inc." in the solicitation of funds in support of public broadcasting. All funds raised by such charitable corporations shall be deposited in accounts held and maintained by said corporations. Such funds may be solicited through public fund drives, or from any person, firm, partnership, association or corporation, within or without this state. The authority shall not create, maintain support, contract with, or affiliate in any other way with any other entity for the purpose of soliciting or accepting such funds, nor shall it participate in or contribute to any fund-raising activity for this purpose by any other entity. The authority may participate in the solicitation of funds by the charitable corporations enumerated herein only so long as any corporation receiving such funds agrees by contract with the authority that any funds it collects shall remain under the control of the board of directors of such corporation until disbursed thereby for purposes consistent with the provisions of this article.



NOTE: The purpose of this bill is to provide guidelines by which the authority may solicit funds to be deposited and maintained separately from the state treasury through certain affiliates.

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