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.)