West Virginia 2026 Regular Session

West Virginia Senate Bill SB854

Introduced
2/9/26  

Caption

Relating to powers of Secretary of State under Solicitation of Charitable Funds Act

Impact

The bill's enactment will lead to increased oversight over charitable organizations and professional fundraisers, ensuring compliance with state regulations. With these expanded powers, the Secretary of State will be better equipped to handle complaints and suspected violations, fostering a more transparent fundraising environment. Violators who mislead or deceive in their operations may face increased penalties, including fines and potential imprisonment, underscoring the state's commitment to protecting consumers from fraudulent activities within the charitable sector.

Summary

Senate Bill 854 aims to amend the Charitable Funds Act in West Virginia, specifically targeting the powers of the Secretary of State in relation to charitable organizations and professionals involved in fundraising. The bill enhances the Secretary's authority by allowing them to administer oaths, issue subpoenas, and request legal assistance from the Attorney General when investigating alleged violations within the charitable sector. This legislative move marks a significant change in the regulatory approach towards fundraising and charitable solicitation entities in the state.

Sentiment

The sentiment around SB854 appears to be generally supportive among those advocating for stronger regulation of charitable organizations. Proponents argue that enhanced oversight is necessary to prevent fraud and protect donors' interests, thereby boosting public trust in charitable fundraising activities. However, there may be concerns among some organizations about the potential for overregulation, which could hinder their ability to operate efficiently. Overall, the discussion seems to highlight a desire for balance between regulatory oversight and the operational autonomy of charitable entities.

Contention

Notable points of contention may arise around the scope of the Secretary of State's powers, particularly regarding the execution of subpoenas and involvement of the Attorney General. Critics might raise concerns over whether these measures could lead to undue stress on charitable organizations, fearing that they could be subject to harassment or excessive scrutiny. The bill's implications for how fundraising campaigns are executed and reported will also likely be scrutinized, as stakeholders evaluate its impact on transparency versus operational flexibility.

Companion Bills

WV HB5274

Similar To Allowing the Secretary of State administer oaths and affirmations.

Previously Filed As

WV HB3175

Prohibit public utilities from making political or charitable contributions

WV HB3331

Relating to diesel-powered equipment regulations in underground coal mines

WV HB3074

Change Audit Log for annual subscription with Secretary of State

WV SB259

Licensing sale of charitable raffles and boards to benefit volunteer fire departments

WV SB485

Exempting West Virginia Secretary of State from competitive bidding process

WV HB2511

Relating to charitable bingo and alcohol sales and consumption while such bingo is taking places

WV SB137

Requiring political action committee to disclose contributors' names and addresses to Secretary of State

WV HB3031

Relating to oversight of West Virginia Fusion Center

WV HB3400

Requiring political action committee to disclose contributors' names and addresses to Secretary of State

WV HB3204

Verification of voter’s physical address by Secretary of State

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