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.