Senate Bill No. 628
(By Senators Unger, Snyder, Hall, Browning, Kessler (Mr. President) and Klempa)
[Originating in the Committee on the Judiciary;
reported February 24, 2012.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8-2c, relating to funding for state executive party headquarters; defining terms; allowing funds to be raised; providing for allowable uses of the funds and prohibitions; setting certain fundraising limits; requiring reports; and requiring legislative rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §3-8-2c, to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2c. Party headquarters committee; detailed accounts and verified financial statements; funding for headquarters; limitations; reporting requirements.
(a) For purposes of this section:
(1) "Contribution" means monetary donations and in-kind contributions of materials or supplies, but does not include volunteer personal services.
(2) "Party headquarters" means a physical structure or structures that is the physical location of the office of a state executive committee of a political party.
(3) "Party headquarters committee" includes any person, organization or group of persons soliciting or receiving contributions for the purpose of funding the rental, purchase, construction or financing of the rental, purchase or construction of a party headquarters, and for the utilities, maintenance, furniture, fixtures and equipment for the party headquarters.
(b) A political party may establish a party headquarters committee to solicit or receive contributions consistent with this section.
(c) Funds raised towards a party headquarters may only be used for a state political party's party headquarters. The funds may not be used for satellite offices, other facilities, signage or any electioneering activities.
(d) Any party headquarters committee soliciting or receiving contributions for the funding of all or any part of a party headquarters that receives an individual or corporate contribution in excess of $250 shall file and retain detailed records of the contribution.
(e) No person or corporation may contribute more than $10,000 for any party headquarters.
(f) No party headquarters committee may receive contributions or expend contributions for the purpose of funding the rental, purchase, construction or financing of a state executive committee headquarters in excess of $1 million.
(g) Any party headquarters committee, financial agent or any person or officer acting on behalf of the committee which is subject to the provisions of this section shall file a verified financial statement with the Secretary of State on a form prescribed by the State Election Commission within ninety days of any contribution in excess of $250 or expenditure of funds. The Secretary of State shall file and retain the statements as public records for not less than six years.
(h) The financial statement shall contain information required by the provisions of this section relating to any contribution in excess of $250. In addition to any other information required by the State Election Commission, the report of contributions required by the provisions of this section shall include the methodology of the fundraising, the nature of any expenditures made and the names, addresses and amounts paid to any person.
(i) Amounts received by a party headquarters committee may be contributed to any educational, cultural or charitable organization.
(j) The Secretary of State shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.
(NOTE: The purpose of this bill is to allow a party headquarters committee to raise funds for a party headquarters for a state executive committee for a political party.
This section is new; therefore, strike-throughs and underscoring have been omitted.)