Senate Bill No. 244
(By Senators Wooton, Jackson, Kessler, Chafin, Mitchell, Rowe,
Hunter, Ross and Burnette)
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[Introduced February 28, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section nineteen, article eighteen,
chapter forty-seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the antitrust
enforcement fund; and removing the provision that funds in
excess of two hundred fifty thousand dollars shall revert to
the general fund.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article eighteen, chapter forty-seven
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 18. ANTITRUST ACT; RESTRAINT OF TRADE.
§47-18-19. Antitrust enforcement fund.
All money received by the state from July first, one thousand
nine hundred seventy-eight, as a result of actions by the attorney
general pursuant to this article or to the federal antitrust laws
shall be placed in a separate fund by the state treasurer, to be
known as the antitrust enforcement fund, and shall be used solely
for the payment of fees, costs, expenses and other matters incurred
by the attorney general in connection with antitrust enforcement
activities, and the first two hundred fifty thousand dollars in
such funds shall not expire at the end of each fiscal year but
shall, by operation of law, be automatically reappropriated from
year to year. and all sums in excess of two hundred fifty thousand
dollars remaining in such fund shall expire at the end of each
fiscal year and shall revert to the general revenue fund.
NOTE: The purpose of this bill is to prevent funds remaining
in the antitrust enforcement fund from expiring at the end of the
fiscal year and shall, by operation of law, be automatically
reappropriated from year to year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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