Senate Bill No. 284
(By Senators Grubb, Humphreys, Withers and Macnaughtan)
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[Introduced March 4, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section five, article eight, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
chapter by adding thereto a new article, designated article
eight-a, all relating to elections generally; requiring the
disclosure of certain candidate financial information;
establishing a system of public financing of election
campaigns for governor; defining certain terms; providing
for a voluntary tax check-off system; setting out
application procedures; qualifications; limiting campaign
contributions and expenditures; establishing certain
exceptions to expenditure limitations; requiring
participation in televised candidate forums or debates;
providing for voluntary compliance with expenditure and
contribution limitations; requiring notice of independent
expenditures; providing that the secretary of state certify
eligible candidates and distribute funds to eligible
candidates; limiting the use of campaign grant funds;
allowing for the return of campaign grant funds; providing
for the lawful use of campaign grant funds; requiring a
report on the use of campaign grant funds; and allowing the
use of certain statements regarding campaign grant funds for
loan purposes.
Be it enacted by the Legislature of West Virginia:
That section five, article eight, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said chapter be
further amended by adding thereto a new article, designated
article eight-a, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5. Detailed accounts and verified financial statements
required.
Except as provided in subdivision (e) of this section, every
candidate, financial agent, person and association of persons,
organization of any kind, including every corporation, directly
or indirectly, supporting a political committee established
pursuant to paragraph (C), subdivision (1), subsection (b),
section eight of this article or engaging in other activities
permitted by said section eight of this article and also
including the treasurer or equivalent officer of such association
or organization; advocating or opposing the nomination, election
or defeat of any candidate, or the passage or defeat of any
issue, thing or item to be voted upon, and the treasurer of everypolitical party committee shall keep detailed accounts of every
sum of money or other thing of value received by him, including
all loans of money or things of value, and of all expenditures
and disbursements made, liabilities incurred, by such candidate,
financial agent, person, association or organization or
committee, for political purposes, or by any of the officers or
members of such committee, or any person acting under its
authority or on its behalf.
Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized statement, subscribed
and sworn to before an officer authorized to administer oaths,
according to the following provisions and times:
(a) On the last Saturday in March or within fifteen days
thereafter next preceding the primary election day whenever the
total of all financial transactions relating to an election
exceed five hundred dollars a statement which shall include all
financial transactions which have taken place by the date of that
statement, subsequent to any previous statement filed within the
previous five years under this section, or if no previous
statement was filed, all financial transactions made within the
preceding five years; and
(b) Not less than seven nor more than ten days preceding
each primary or other election, a statement which shall include
all financial transactions which have taken place by the date of
such statement, subsequent to the previous statement, if any; and
(c) Not less than twenty-five nor more than thirty days
after each primary or other election, a statement which shall
include all financial transactions which have taken place by the
date of such statement, subsequent to the previous statement; and
(d) On the first day of July, one thousand nine hundred
eighty-five, and thereafter on the last Saturday in March or
within fifteen days thereafter annually, whenever contributions
or expenditures relating to an election exceed five hundred
dollars or whenever any loans are outstanding, a statement which
shall include all financial transactions which have taken place
by the date of such report, subsequent to any previous report;
and
(e) Candidates for governor shall file a detailed itemized
statement containing the information required by this section,
subscribed and sworn to before an officer authorized to
administer oaths, on the fourth, eleventh, eighteenth, twenty-
fifth, thirty-second and forty-fifth days prior to each primary
or other elections. The reports shall include all financial
transactions required by this section which have taken place as
of the date of each statement, subsequent to the previous
statement. In addition to these reports, candidates for governor
shall file a detailed itemized statement, subscribed and sworn to
before an officer authorized to administer oaths in accordance
with the provisions and times as set forth in subdivision (a) of
this section.
Financial transactions shall include all contributions orloans received and all repayments of loans or expenditures made
to promote the candidacy of any person by any candidate or any
organization advocating or opposing the nomination, election or
defeat of any candidate or to promote the passage or defeat of
any issue, thing or item to be voted on.
Every person who shall announce as a write-in candidate for
any elective office and his financial agent or election
organization of any kind shall comply with all of the
requirements of this section after public announcement of such
person's candidacy has been made.
ARTICLE 8A. PUBLIC FINANCING OF ELECTION CAMPAIGNS FOR GOVERNOR.
§3-8A-1. Statement of intent and purpose.
The Legislature finds and declares the following:
(a) The enactment of a system of public financing of
election campaigns for governor is an essential means to protect
the integrity of the electoral process and ensure the maintenance
of free government.
(b) It is desirable to encourage the broadest possible
participation in financing campaigns by all citizens of the
state, and to enable candidates to have an equal opportunity to
present their programs to the voters.
(c) Our democratic system of government can be maintained
only if the electorate is informed.
(d) A publicly funded system of financing election campaigns
for governor in this state will encourage full discussion of
issues, provide a fair and equal opportunity for all candidatesfor governor to participate in the election process, and reduce
the influence of special interests in election campaigns and the
daily affairs of government.
(e) Public financing provides a neutral source of revenue to
assist candidates in raising sufficient money to communicate
their views and positions adequately to the voters. Public
financing provides a level playing field to facilitate
competitive campaigns and promote public discussion of the
issues. By providing public financing of election campaigns, the
potential corrupting influence of special interests and large
contributions is diminished, and candidates can reduce their
reliance on these sources of funding. Public financing reduces
the fund raising advantages of incumbents while allowing all
candidates to devote less time to fund raising and more time to
discussion of the issues.
(f) Public funding of election campaigns permits the state
to regulate the escalating amount of expenditures on political
campaigns, while providing an equal opportunity for candidates to
present their views and to provide for a better informed
electorate.
§3-8A-2. Definitions.
For purposes of this article:
(a) "Fund" means the competitive elections fund.
(b) "Grant" means a contribution from the fund.
(c)(1) "Qualifying contribution" means:
(i) A contribution of five hundred dollars or less;
(ii) Made to a candidate;
(iii) By and from a qualified elector residing in this
state;
(iv) Received on or after the first day of September of the
calendar year prior to the election in which the recipient is a
candidate for office, or, if a special election, after the date
the special election is called.
(2) A qualifying contribution does not include a loan,
pledge or nonmonetary contribution.
(d) "Political action committee" means an organization that
comes into existence by specific written authorization of the
board of directors, or equivalent governing body, of one or more
corporation(s) the purpose of which is to solicit funds for, and
make expenditures on behalf of, public issues or political
candidates and their agents, political committees or political
party committees.
(e) "Campaign finance report" means a detailed account as
provided by section five, article eight of this chapter.
§3-8A-3. Competitive elections fund.
(a) Each individual filing an income tax return for any
taxable year who has a tax liability or is entitled to a tax
refund or other payment from the department of tax and revenue
may designate an amount of not more than twenty dollars to be
deposited into a special fund in the state treasury entitled the
"Competitive Elections Fund." If individuals filing a joint
return have a tax liability or are entitled to a tax refund orother payment from the department of tax and revenue, each
individual may make a designation under this section.
(b) A designation does not increase a taxpayer's liability
or decrease a refund or other payment to the individual from the
department of tax and revenue.
(c) The department of tax and revenue shall place on the top
one third of the first page of all tax returns to be filed the
following language:
COMPETITIVE
ELECTIONS I designate __$5.00 __$10.00 __$20.00 to go
FUNDto the Competitive Elections Fund.
FUND NOTE: A designation will not increase the taxes you pay or
reduce your refund or other payment from the
department of tax and revenue.
(d)(1) If sufficient funds are not available in the
competitive elections fund, during a fiscal year which contains
an election for governor, the Legislature may, in its final
budget, appropriate to the competitive elections fund an amount
sufficient to fully fund all candidates for governor eligible to
receive a grant from the competitive elections fund.
(2) The secretary of state shall provide a written estimate
of the amount necessary to fully fund all eligible candidates for
governor no later than the first day of January preceding an
election year.
(3) General revenue moneys shall be appropriated to meet any
shortfall in the competitive elections fund if the estimate ofthe secretary of state clearly indicates a need for additional
funds.
(e) Each political action committee shall pay to the
secretary of state a five percent assessment on all contributions
to candidates, excluding in-kind contributions. The assessment
shall be deposited in the competitive elections fund.
(f) Each political action committee which reports
expenditures of more than five thousand dollars in an election
year shall pay an administrative fee of two hundred dollars to
the secretary of state. The fee shall be deposited in the
competitive elections fund, and shall be paid by the political
action committee within seven days after the campaign finance
report which indicates expenditures greater than five thousand
dollars is filed. No political action committee shall be
required to pay this administrative fee more than once per
calendar year.
§3-8A-4. Application and withdrawal procedures.
(a) Each candidate for governor shall file a statement of
intent to accept or to reject a grant from the competitive
elections fund. The statement shall be filed no later than the
deadline for certificates of announcement of candidacy as
provided in section seven, article five of this chapter.
(b) A candidate for governor who intends to accept a grant
shall swear or affirm that the candidate and the candidate's
authorized agents have complied with and will continue to comply
with all applicable contribution and expenditure limits at alltimes.
(c) A candidate for governor shall designate in the
statement of acceptance whether the candidate will accept or
reject a grant in either the primary or the general election. A
candidate may designate both.
(d) A candidate for governor may rescind the statement of
acceptance:
(1) For a primary election grant no later than ten calendar
days after the last date for filing nomination papers; or
(2) For a general election grant no later than ten calendar
days after the primary election.
§3-8A-5. Qualification procedures; penalties.
(a) The secretary of state shall approve the payment of a
primary or a general election grant or both a primary election
grant and a general election grant if an eligible candidate for
governor meets all of the following requirements:
(1) The candidate has filed a timely statement of
acceptance.
(2) The candidate is certified to appear on the ballot for
the election for which the grant is sought.
(3) The candidate is opposed by a candidate for the same
office:
(i) Who has qualified to receive a grant; or
(ii) Whose campaign finance reports indicate that the
opposing candidate has received, expended, or has cash on hand ofat least two hundred fifty thousand dollars.
(4) The campaign finance reports filed by or on behalf of
the candidate as of the date of qualification indicate that the
candidate has received qualifying contributions of at least fifty
thousand dollars.
(b) A candidate who rejects expenditure limits in a primary
election shall not be eligible to receive a grant from the fund
in the general election.
(c) A candidate who rejects a grant from the fund but who
accepts expenditure limits in a primary but does not accept
expenditure limits in a general election shall pay a fine equal
to the amount he or she exceeded the expenditure limits.
(d) A candidate who accepts expenditure limits and receives
a grant from the fund in the primary election but who does not
agree to expenditure limits in the general election shall pay a
fine equal to the amount he or she exceeded the expenditure
limits, or an amount equal to the amount he or she has received
in grants from the fund, whichever is greater.
§3-8A-6. Contribution limits.
(a) A candidate for governor, filing a statement of
acceptance, may not receive contributions or loans from the
candidate's own funds or from those of the candidate's immediate
family that exceed five thousand dollars. For purposes of this
subsection, immediate family means the candidate's spouse,
parents, brother, sister and children.
(b)(1) For purposes of this section, a loan made to acandidate or a candidate committee is considered a loan from the
maker and the guarantor of the loan;
(2) The proceeds of a loan made to a candidate which meet
the requirements of this subdivision are not subject to the
contributions limits if the loan is:
(A) Made by a commercial lending institution;
(B) Made in the regular course of business;
(C) Made on the same terms ordinarily available to the
public; and
(D) One which is secured or guaranteed.
(c) A candidate for governor, filing a statement of
acceptance, may not receive contributions from political action
committees in excess of forty thousand dollars per election.
(d) An eligible candidate for governor, filing a statement
of acceptance, may receive a primary election grant, a general
election grant, or both a primary election grant and a general
election grant up to five hundred thousand dollars for each
election.
(e) An eligible candidate for governor, filing a statement
of acceptance, may voluntarily limit the amount of the grant
received by designating a reduced grant amount in writing:
(1) For a primary election grant, no later than ten calendar
days after the deadline for certificates of announcement of
candidacy; or
(2) For a general election grant, no later than ten calendar
days after the primary election.
§3-8A-7. Expenditure limits.
(a) A candidate for governor who files a statement of
acceptance of a grant from the competitive elections fund may not
make a qualified campaign expenditure or qualified campaign
expenditures in excess of one million dollars in the primary
election and one million dollars in the general election.
(b)(1) For the purpose of the expenditure limits, a
qualified campaign expenditure made before the last day of the
month in which the primary election is held, shall be considered
a primary election expenditure.
(2) A qualified expenditure made from the first day of the
month following the month in which the primary election is held
through the thirty-first day of December of the general election
year shall be considered a general election expenditure.
(3) Notwithstanding the provisions of paragraphs (1) and (2)
above, in the event that payments are made, but the goods or
services are not used during the period purchased, the payments
shall be considered qualified campaign expenditures for the time
period when they are used or during which benefit is derived from
them. Payment for goods and services used in both time periods
shall be prorated.
(c) In computing applicable expenditure limits, a candidate
or campaign treasurer may exclude the following items:
(1) A contribution or contributions returned to the
contributor;
(2) A loan repayment;
(3) An expense incurred as a direct result of a recount; and
(4) A refund of a deposit paid.
§3-8A-8. Exceptions to expenditure limits.
(a)(1) If a candidate filing a statement of acceptance of a
grant:
(i) Is opposed by a candidate who has declined to accept a
grant; and
(ii) The opposing candidate does not voluntarily agree to
limit the receipt of contributions and expenditures under section
eleven of this article; or
(iii) If aggregate independent expenditures are made in an
amount greater than two hundred fifty thousand dollars in support
of or in opposition to a candidate for governor, the expenditure
limits are no longer applicable to all candidates except those
whom the independent expenditure or expenditures in an amount
greater than two hundred fifty thousand dollars was intended to
support.
(2) If an independent expenditure is made in an amount
greater than two hundred fifty thousand dollars in support of or
in opposition to a candidate for governor, each candidate, except
those whom the independent expenditure or expenditures in an
amount greater than two hundred fifty thousand dollars was
intended to support, who has filed a statement of acceptance of
a grant or an affidavit voluntarily agreeing to abide by spending
and contribution limits, shall be permitted to receive an
additional one hundred thousand dollars for the election in whichthe independent expenditure occurs, as appropriate,
notwithstanding the contribution limits otherwise applicable to
the election.
§3-8A-9. Notice of independent expenditures; penalties.
Any individual, group, organization, or committee making an
independent expenditure or expenditures in excess of one thousand
dollars on behalf of or in opposition to a candidate for governor
shall deliver notice in writing of such independent expenditure,
as well as the amount of such expenditure and a detailed
description of the media type or use of such expenditure, within
twenty-four hours after obligating any funds for such
expenditure. An expenditure is obligated upon the purchase of
any political advertising or the entering into any agreement,
either oral or written, to purchase any political advertising.
Such notice shall be delivered to all of the candidates in the
affected race, the candidate committee treasurers, and to the
secretary of state. The notice shall specifically state the name
of the candidate whom the independent expenditure is designed to
support or oppose. For purposes of this subsection, notice shall
include, but is not limited to, personal hand delivery or
overnight mail. Each new expenditure shall require the delivery
or filing of an additional new notice.
In addition to the powers and authority vested in the state
election commission, under the provisions of article one-a of
this chapter, the state election commission may also issue civil
citations and fines for violations of the provisions of thischapter.
Any person, organization, group or committee violating the
provisions of this section may be cited and fined by the state
elections commission, upon a complaint filed by the secretary of
state or designee and after a hearing on the matter, in an amount
up to five thousand dollars or an amount equal to ten percent of
the independent expenditure which was made without the notice
required by this section.
§3-8A-10. Required participation in televised candidate forums
or debates; penalties.
(a) Any candidate who elects to receive a grant from the
fund shall participate preceding any primary or general election
in which he participates, in a year in which the governor is
elected, in a reasonable number of televised candidate forums or
debates managed or designed by the West Virginia educational
broadcasting authority in a manner to ensure participation by all
candidates. However, a candidate who receives a grant from the
fund shall not be required to participate in more than six
televised candidate forums or debates preceding a primary, or six
preceding a general election. The authority shall make the
televised candidate forums or debates available at no charge to
all other media. The authority shall promulgate administrative
regulations necessary to implement the requirements of this
subsection.
(1) The authority shall maintain editorial integrity in
accordance with accepted public broadcasting principles. Noappointed or elected state officeholder shall directly or
indirectly attempt to secure or create privileges, exemptions, or
advantages for himself or others in derogation of the public
interest at large in a manner that seeks to leave any person
assigned responsibility for candidate forum or debate programming
decisions no alternative but to comply with the wishes of the
officeholder or person. Persons assigned candidate forum or
debate programming decisions shall be free of obligation to any
interest other than the public right to know. It shall not be
considered a violation of this subsection for an officeholder or
other person to seek remedies in a court of law to any
programming he considers to be an abridgement of his legal
rights.
(2) The secretary of state shall promulgate regulations
which prescribe the grounds for which failure of a candidate to
participate in any of the televised candidate forums or debates
required by subsection (a) of this section shall be excused and
the process by which a qualifying candidate shall inform the
secretary of state of the grounds for the candidate's failure to
participate.
(3) If the secretary of state determines that failure of a
candidate to participate in any televised candidate forum or
debate required by subsection (a) of this section was not
justified, no grant shall be made to the candidate for that
election if he shall be otherwise qualified to receive one. If
the secretary of state determines that a candidate who hasalready received a grant from the fund has unjustifiably failed
to participate in any required televised forum or debate, the
candidate's campaign committee shall reimburse the fund the
amount of the grant within thirty days of the date on which the
secretary of state's determination becomes final. If the
candidate's campaign committee has not reimbursed the fund the
amount of the grant within the thirty-day period, the candidate
shall be personally liable to the fund for the grant amount to be
reimbursed. A candidate may appeal an adverse ruling by the
secretary of state within twenty days of filing a notice of
appeal in the supreme court of appeals in accordance with the
rules of civil procedure and the appeal of a ruling by the
secretary of state shall be advanced on the docket to permit a
timely decision.
§3-8A-11. Voluntary compliance with expenditure and contribution
limitations by candidates filing rejection of grant;
penalties.
(a) A candidate filing a rejection of a grant from the
election campaign fund may file an affidavit agreeing to
voluntarily comply with the applicable contribution and
expenditure limits no later than the deadline for filing
certificates of announcement of candidacy. An affidavit filed
under this section shall be binding unless rescinded:
(1) No later than ten calendar days after the deadline for
filing certificates of announcement of candidacy in the case of
primary expenditure limits; or
(2) No later than ten calendar days after the primary
election in the case of general election expenditure limits.
(b) Notwithstanding any other applicable provision of this
article, any candidate who files an affidavit as provided for in
subsection (a) above and subsequently exceeds the expenditure
limits as provided in subsection (a), section eight of this
article shall pay the competitive elections fund an amount equal
to the amount of excess contributions or expenditures. Such
penalty shall not be an allowable campaign expense and shall be
paid from the personal funds of the candidate.
§3-8A-12. Disbursement of funds.
(a) The secretary of state shall immediately review the:
(1) Statements of acceptance;
(2) Certificates of announcement; and
(3) Campaign finance reports of candidates for governor
filing a statement of intent to accept a grant to determine the
eligibility of a candidate filing a statement of acceptance.
(b) The secretary of state shall certify whether a candidate
is eligible to receive a primary election grant no later than
seven calendar days before the deadline for certifying the
candidate for the primary election ballot.
(c) The secretary of state shall certify whether a candidate
is eligible to receive a general election grant no later than
seven calendar days after the certification of the primary
election results.
(d) A separate determination shall be made for a primary anda general election grant.
(e) The certification by the secretary of state must
indicate:
(1) Whether a candidate is eligible to receive a grant; and
(2) The amount of grant the candidate is eligible to
receive.
(f) Each candidate who has been certified to receive a grant
from the fund shall be entitled to distribution of funds on a
one-to-one basis based on the amount of qualifying contributions.
Aggregate contributions from an individual in excess of five
hundred dollars will be matched only up to five hundred dollars.
(g) If a candidate who has filed a statement of intent to
accept a grant is not eligible to receive a grant, the
certification must:
(1) State the reasons why the candidate is not eligible to
receive a grant; and
(2) What action, if any, the candidate may take to qualify
for a grant.
(h) The secretary of state shall certify a candidate who
becomes eligible after the deadline in subsections (b) and (c) if
the candidate qualifies after the deadline, but before the
primary election or general election for which the funds are
sought.
(i) The grant check shall be included with the
certification.
(j) The amount of the grant may not exceed fifty percent ofthe applicable expenditure limit.
§3-8A-13. Return of grant funds.
(a)(1) Grant funds disbursed under section twelve of this
article remain the property of the state until disbursed or
encumbered for lawful campaign purposes.
(2) Grant funds that are not spent or unencumbered by a
candidate on the date after the election in which the candidate
participates revert to the state for deposit in the competitive
elections fund. A deposit or refund derived from grant funds
that are received by a candidate after the day of the election in
which the candidate participates shall revert to the state. All
reversions shall be returned to the secretary of state who shall
deposit the money in the fund.
(b) Return of grant funds after the withdrawal date set
forth in section four of this article does not remove applicable
contribution and expenditure limits.
§3-8A-14. Lawful use of grant funds.
(a) A person may not:
(1) Expend;
(2) Authorize the expenditure of; or
(3) Incur an obligation to expend a grant;
for a purpose other than to advance the candidacy by lawful means
of the specific candidate or candidates who qualify for the
grant.
(b) A person may not:
(1) Expend;
(2) Authorize the expenditure of; or
(3) Incur an obligation to expend a grant;
after the date of an election where the grant is returnable to
the state under section thirteen of this article.
(c) A candidate may not:
(1) Expend;
(2) Authorize the expenditure of; or
(3) Incur an obligation to expend a grant;
if the candidate violates the pledge required under section four
of this article.
(d) A person may not prepare or transmit to the secretary of
state evidence that purports to demonstrate the amount or purpose
for which a grant has been used if such evidence specifies an
amount or purpose for which a payment is received other than the
true amount or purpose.
(e) All grants must be deposited in the candidate
committee's campaign depository account.
§3-8A-15. Proof of payment.
(a) The candidate or the candidate's campaign treasurer
shall deliver or transmit to the secretary of state sufficient
proof of payment of all disbursements made from grant funds no
later than the due date for the next campaign finance report
occurring at least thirty days after the election in which the
candidate received the grant, as provided in section five of this
article.
(b) The secretary of state shall conduct a random audit ofthe accounts and records of a candidate filing a statement of
intent to accept a grant.
§3-8A-16. Miscellaneous provisions.
(a) A candidate or a candidate's treasurer may use the
candidate's statement of intent to accept a grant as security for
a loan made for campaign purposes from an institution that
ordinarily makes loans in the course of its business.
(b) To the extent that proceeds of a loan obtained under the
provisions of subsection (a) of this section are used for a
purpose set forth in section fourteen of this article repayment
of the loan may be made from grant funds.
§3-8A-17. Penalties.
In addition to any other penalties which may be applicable
under the election code, any candidate who receives a grant from
the fund which exceeds the applicable expenditure limit, except
as authorized in section eight of this article, or falsely
reports qualifying matching contributions and thereby receives
contributions from the fund to which he or she was not entitled
may be cited and fined by the state elections commission in an
amount equal to three times the amount at issue: Provided, That
a complaint has been filed by the secretary of state and a
hearing to determine whether the violation occurred was held
before the state election commission.
NOTE: The purpose of this bill is to establish a system to
provide public financing of election campaigns for governor. The
bill allows taxpayers to designate up to twenty dollars on taxreturns to be used to establish a competitive elections fund to
be used by eligible candidates in campaigns for governor. To
qualify as an eligible candidate, the bill requires that a
candidate receive not less than fifty thousand dollars in
qualifying contributions from other sources in addition to
meeting other campaign standards. The bill requires an eligible
candidate for governor to swear and affirm to abide by
contribution and expenditure limits. Expenditure limits are set
at one million dollars in the primary election and one million
dollars in the general election. An eligible candidate may
receive five hundred thousand dollars from the fund for each
election, and is required to participate in a reasonable number
of televised candidate forums or debates. The bill provides that
the secretary of state certify eligible candidates and issue
grant moneys from the fund. The bill also requires candidates
for governor to submit campaign finance reports on the 4th, 11th,
18th, 25th, 32nd and 45th days prior to an election.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Article eight-a is new; therefore, strike-throughs and
underscoring have been omitted.