H. B. 4688


(By Delegates Fleischauer, Manuel, Yeager,
Stemple, Kominar, Faircloth and Trump)
[Introduced February 27, 2004; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact §18B-10-11 of the code of West Virginia, 1931, as amended, relating to authorizing West Virginia university rifle team donations; and creating special revenue account.

Be it enacted by the Legislature of West Virginia:
That
§18B-10-11 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-11. Fees and money derived from athletic contests.

The directors of athletics at state institutions of higher education may fix and charge admission fees to athletic contests at state institutions of higher education and may enter into contracts and spend and receive money under such contracts for the student athletic teams of state institutions of higher education to contest with other athletic teams inside or outside the state. All money received from such fees and contracts shall be deposited into the athletic accounts of the state institutions of higher education.
All money derived from such fees and under such contracts shall be used to defray the cost of maintaining the athletic department and athletic program of such institutions. The operation of training camps and training tables and providing room accommodations for participants in the athletic program of such institutions shall be recognized and considered as a proper part of such maintenance, but the specific mention of training camps and training tables and providing room accommodations shall not be construed or understood to limit in any way the general power and authority otherwise granted and conferred by this section: Provided, That: (1) One percent of the total gross receipts deposited into the athletic accounts; and (2) not less than twenty-five percent of the net receipts from televised athletic events, bowl games and post-season tournaments deposited into the athletic accounts shall be transferred into a separate and distinct special revenue account for each individual state institution of higher education, which special revenue account shall be designated "athletic facilities construction, repair or replacement reserve account," in the state treasury. Such revenues shall be used only for construction, repair or replacement of athletic facilities at the same individual state institution of higher education to which such special revenue account is credited. Notwithstanding any other provision in this section to the contrary, in the year in which they are received, no more than twenty-five percent of the net receipts from televised athletic events, bowl games and post-season tournaments deposited into athletic accounts may be transferred into other accounts of the same state institution of higher education having such receipts for the support of academic programs to meet an occasional rather than recurrent need or expense, and in accord with legislative rules promulgated by the appropriate governing board in accordance with chapter twenty-nine-a of this code, notwithstanding any other provision of this code to the contrary.
Notwithstanding any other provision of this code to the contrary, West Virginia university shall accept grants, gifts or donations from any source for the WVU rifle team.
All money received from any grants, gifts or donations shall be deposited into a special revenue account designated "WVU rifle team account," in the state treasury and may only be used to defray the cost of maintaining the WVU rifle team and rifle range.



NOTE: The purpose of this bill is to authorize West Virginia university rifle team donations and create a special revenue account for the money.

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