H. B. 4513


(By Delegate Martin)
[Introduced February 20, 1998; referred to the
Committee on Finance.]




A BILL to amend article seven, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections one hundred eleven-a and one hundred eleven-b, all relating to consumer credit and protection; creating the consumer protection enforcement fund; and specifying uses of funds.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections one hundred eleven-a and one hundred eleven-b, all to read as follows:
ARTICLE 7. ADMINISTRATION.

§46A-7-111a. Disposition of funds.
All civil penalties and other funds exacted pursuant to this article, unless otherwise specifically provided for by law or court order, shall be paid into the state treasury for deposit in the consumer protection enforcement fund.
§46A-7-111b. Consumer protection enforcement fund.
All money received by the state on and after the first day of July, one thousand nine hundred ninety-eight, as a result of actions by the attorney general pursuant to this article or federal consumer laws shall be placed in a separate fund by the state treasurer, to be known as the consumer protection enforcement fund. The fund may only be used for the payment of consumer restitution, fees, costs, expenses, consumer education and other expenses incurred by the attorney general in connection with consumer protection activities. The first five hundred thousand dollars deposited into the fund each year do not expire at the end of the fiscal year but are hereby automatically reappropriated from year to year. All funds in excess of five hundred thousand dollars remaining in the fund at the end of each fiscal year revert to the general revenue fund.




NOTE: The purpose of this bill is to use money recovered by the Attorney General in consumer protection proceedings as a source of funding further consumer protection proceedings and for other purposes consistent with the Consumer Protection Act, including costs and fees associated with investigation and litigation, and consumer education.

These sections are new; therefore, strike-throughs and underscoring have been omitted.