Senate Bill No. 1001
(By Senators Tomblin, Mr. President, and Sprouse
By Request of the Executive)
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[Introduced January 24, 2005; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §3-8-2a of the Code of West Virginia,
1931, as amended; and to amend and reenact §5A-4-2 of said
Code, all relating to authorizing the contribution of amounts
received by an inaugural committee for any person elected to
statewide public office in excess of the amount expended for
an inaugural event to the State for the enhancement of the
Governor's Mansion.
Be it enacted by the Legislature of West Virginia:
That §3-8-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §5A-4-2 of said Code be amended
and reenacted, all to read as follows:
ARTICLE 3. ELECTIONS.
§3-8-2a. Detailed accounts and verified financial statements for
certain inaugural events; limitations; reporting requirements.
(a) 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 a person elected to a
statewide public office; and
(2) "Inaugural event" means any event or events held between
the general election of a person elected to a statewide public
office and ninety days after the general election, whether the
event is sponsored by the inaugural committee or the state
political party committee representing the party of the person
elected and for which the person elected is a prominent participant
or for which solicitations of contributions include the name of the
person elected in prominent display.
(b) Any inaugural committee soliciting or receiving
contributions for the funding of all or any part of an inaugural
event for any person elected to a statewide 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.
(c) No person may contribute more than five thousand dollars
for any inaugural event. For purposes of this section,
"contribution" does not include volunteer personal services but does include in-kind contributions of materials or supplies.
(d) 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 ninety days of the event. The
financial statement shall contain information as may be required by
the provisions 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 for a period of
not less than six years.
(e) In addition to any other information required by the state
election commission, the report of contributions required by the
provisions of this section shall include the methodology of the
fund raising, the nature of the expenditures made and the names,
addresses and amounts paid to any person.
(f) Amounts received by an inaugural committee for any person
elected to a statewide public office in excess of the amount
expended for an inaugural event may be contributed to any
educational, cultural or charitable organization, or to the
governor's mansion fund provided in section two, article four,
chapter five-a of this code. The inaugural committee shall, within
sixty days after filing the report required by subsection (d) of this section, expend any excess moneys and report, on a form
prescribed by the Secretary of State, any amounts contributed to
the governor's mansion fund, any amounts contributed to
educational, cultural or charitable organizations, and the names of
the organizations to which such excess moneys were donated
contributed. The Secretary of State shall file and retain such
records as public records for a period of not less than six years.
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-2. Care, control and custody of capitol buildings and
grounds.
(a) The director has the full responsibility for the care,
control and custody of the capitol buildings and in this connection
he or she shall:
(1) Furnish janitorial services, which are to be provided by
employees of the Department of Administration for the main capitol
building, including east and west wings, together with all the
departments in the building, or connected with the building,
regardless of the budget or budgets, departmental or otherwise,
from which the janitorial services are paid, and shall furnish
janitorial supplies, light, heat and ventilation for all the rooms
and corridors of the buildings: Provided, That nothing in this
section shall be construed to prohibit contracts for janitorial
services with sheltered workshops. The President of the Senate and Speaker of the House of Delegates, or their respective designees,
have charge of the halls and committee rooms of their respective
houses and any other quarters at the State Capitol provided for the
use of the Legislature or its staff, and shall keep the areas
properly cleaned, warmed and in good order, and shall do and
perform any other duties in relation to the areas as either house
may require;
(2) Landscape and take care of the lawns and gardens; and
(3) Direct the making of all minor repairs to and alterations
of the capitol buildings and governor's mansion and the grounds of
the buildings and mansion. Major repairs and alterations shall be
made under the supervision of the director, subject to the
direction of the secretary.
(b) The offices of the assistants and employees appointed to
perform these duties shall be located where designated by the
secretary, except that they shall not be located in any of the
legislative chambers, offices, rooms or halls. Office hours shall
be arranged so that emergency or telephone service is available at
all times. The hours shall be arranged so that janitorial service
shall not interfere with other employment during regular office hours.
(c) There is created in the state treasury a special revenue
account to be named the "Capitol Dome and Capitol Improvements
Fund." The fund shall consist of moneys received under section ten, article twenty-two-a, chapter twenty-nine of this code and
funds from any other source. Moneys in the fund shall be expended
for maintenance and repairs of the capitol dome and other capital
improvements and repairs to state-owned buildings.
(d) There is created in the state treasury a special revenue
account to be named the "Governor's Mansion Fund." The fund shall
consist of moneys received under section two-a, article eight,
chapter three of this code and from any other source, and shall be
expended for enhancements of the governor's mansion made under the
supervision of the director, subject to direction of the secretary
and at the discretion of the Governor.
NOTE: The purpose of this bill is to authorize the
contribution of amounts received by an inaugural committee for any
person elected to statewide public office in excess of the amount
expended for an inaugural event to the State for the enhancement of
the Governor's Mansion.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.