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State introduces stringent rules against political use of grant funds and fraud penalties

January 30, 2024 | Introduced Bills, House, 2024 Bills, West Virginia Legislation Bills, West Virginia



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State introduces stringent rules against political use of grant funds and fraud penalties
On January 30, 2024, the West Virginia State Legislature introduced House Bill 5369, aimed at enhancing transparency and accountability in the management of state grant funds. The bill proposes the establishment of a computerized database that would be accessible to both state agencies and the public via the Internet, barring any conflicts with federal laws or regulations regarding public disclosure.

Key provisions of the bill include the authorization for the Joint Committee on Government and Finance to conduct audits of state grant funds at any time, in collaboration with the State Auditor and Legislative Auditor, at no cost to the grantee. Additionally, the bill stipulates that reports related to grant expenditures can be filed electronically, streamlining the reporting process.

A significant aspect of House Bill 5369 is its stringent measures against fraudulent activities. It establishes that any grantee submitting false statements regarding expenditures or reports could face felony charges, with penalties including fines ranging from $1,000 to $5,000 and imprisonment for one to five years.

Moreover, the bill explicitly prohibits the use of grant funds for political activities, defining such activities as those aimed at influencing the success or failure of political parties, candidates, or ballot issues. It emphasizes that grant funds cannot be used directly or indirectly for these purposes, although organizations classified under specific sections of the Internal Revenue Code may still engage in federally permissible advocacy activities, provided they do not use state grant funds for such purposes.

The introduction of House Bill 5369 has sparked discussions among lawmakers and advocacy groups. Proponents argue that the bill is a necessary step towards ensuring that public funds are used appropriately and that taxpayers can hold grantees accountable. Critics, however, express concerns about the potential overreach of the bill's provisions, particularly regarding the restrictions on political activities, which they argue could stifle legitimate advocacy efforts.

As the legislative process unfolds, the implications of House Bill 5369 could be significant for the management of state grants in West Virginia. If passed, the bill may enhance public trust in government spending and ensure that grant funds are utilized effectively and ethically. The next steps will involve committee reviews and potential amendments as lawmakers weigh the bill's provisions against the backdrop of public opinion and stakeholder interests.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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