Senate Bill No. 776

(By Senators Oliverio, Wooton, Ball, Bowman, Dittmar, Hunter, Kessler, Ross, Snyder, White, Deem and Kimble)

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[Originating in the Committee on the Judiciary;


reported March 5, 1998.]

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A BILL to amend and reenact section two-a, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to regulation of inaugural events; and providing for the disposition of excess inaugural funds.

Be it enacted by the Legislature of West Virginia:
That section two-a, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2a. Limits on donations to inaugural committees; detailed accounts and verified financial statements for certain inaugural events; expenditures for certain public inaugural events; offense; penalty.

(a) Any inaugural committee soliciting or receiving contributions for the funding of all or any part of an inaugural event for any person elected to any state public office that receives an individual contribution in excess of two hundred fifty dollars for any such event shall file and retain detailed records of any such contribution.
(b) For purposes of this section:
(1) "Inaugural committee" includes any person, organization or group of persons soliciting or receiving contributions for the purpose of funding an inaugural event for an elected state official; and
(2) "Inaugural event" means any event or events held between the date of the general election for a state public office and a date ninety days after the date of the general election, whether the event is sponsored by the inaugural committee or the state political party committee representing the party of the elected official and for which the elected official is a prominent participant or for which solicitations of contributions include the name of the elected official in prominent display.
(c) Any inaugural committee, financial agent or any person or officer acting on behalf of such 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 forty-five days following the event. The financial statement shall contain information as may be required by the provisions of subsection (a) of this section relating to any contribution in excess of two hundred fifty dollars. The secretary of state shall file and retain such statements as public records.
(d) Amounts received by an inaugural committee from private sources in excess of the amount expended for an inaugural event shall be contributed to any educational, cultural or charitable organization at the direction of the inaugural committee within one hundred eighty days of the inauguration ceremony: Provided, That no funds raised for an inaugural event by an inaugural committee may be donated to any candidate, political party or political action committee.
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(NOTE: The purpose of this bill is to provide for the disposition of excess inaugural funds.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)