Adopted by House 3-4-2010
HB4130 WHITE AMT #1
Delegate White moves to amend the title of the bill to read as
follows:
H. B. 4130 - "
A BILL to amend and reenact §3-1A-1, §3-1A-4 and
§3-1A-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new article, designated §3-12-
1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8,
§3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-
15, §3-12-16 and §3-12-17, all relating to creating the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program; giving additional duties and per diem pay to the State
Election Commission; authorizing the State Election Commission to
use video, telephone and Internet conferencing; providing
alternative public campaign financing option for candidates for the
West Virginia Supreme Court of Appeals in 2012; setting forth short
title and certain legislative findings and declarations; defining
terms; specifying that the provisions of the act are applicable to
candidates for the West Virginia Supreme Court of Appeals in the
2012 primary and general elections; establishing the Supreme Court
of Appeals Public Campaign Financing Fund and sources of revenue
for the fund; authorizing transfer from the Purchasing Card
Administration Fund to the fund for three years; authorizing
attorney fees; authorizing fair administration of justice court fees; requiring an applicant for public campaign financing to
complete a declaration of intent and setting forth the manner in
which an application for funding may be made; setting forth
eligibility criteria for qualifying candidates; allowing
participating candidates to raise funds from private sources and
spend exploratory contributions; requiring candidates seeking
public campaign funds to collect a required number of qualifying
contributions; requiring candidates to provide detailed receipts to
contributors and to the state Election Commission for exploratory
and qualifying contributions; requiring participating candidates to
comply with all provisions of the act; requiring the state Election
Commission to certify eligible candidates and setting forth the
procedure for certification; providing for challenges to
certification; providing for revocation of certification; providing
for withdrawal from program; providing for distribution of funds
from the Public Campaign Financing Fund to qualified candidates for
funding election campaigns; specifying the amount of funds
available for each candidate and when the funds become available;
setting forth restrictions on participating candidates'
contributions and spending; prohibiting participating candidates
from accepting private contributions other than as specifically set
forth in the act; providing for repayment of funds under certain
circumstances; prohibiting the use of personal funds for certain
purposes; permitting qualified candidates to raise funds from
private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all
qualified candidates; requiring certain disclosures; requiring
candidates to keep records and report to the state Election
Commission; providing for additional funds when independent
expenditures or opponent expenditures exceed certain limits;
setting forth certain duties of the state Election Commission and
the Secretary of State; authorizing legislative rules; authorizing
the creation of a voters' guide; providing for the deposit of
certain revenue into the fund; requiring repayment of excessive
expenditures by candidates; providing both civil and criminal
penalties for violations of the act; and expiring the act in
2013.".