Senate Bill No. 151
(By Senators Kessler (Mr. President), Cookman, Miller,
Fitzsimmons, Yost and Beach)
[Introduced February 14, 2013; referred to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31D-16-1621,
relating to the disclosure of corporate political activities
to shareholders, the Secretary of State and the public.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §31D-16-1621, to read
ARTICLE 16. RECORDS AND REPORTS.
PART 2. REPORTS.
§31D-16-1621. Disclosure of corporate political activities to
(a) At least quarterly during each fiscal year, a corporation
that makes contributions or expenditures for political activities
shall notify its shareholders and the Secretary of State, in
writing, of the nature of all its political activities, funded by
either its separate segregated fund or through its general
corporate treasury, including contributions or expenditures made
directly or indirectly.
(b) A report made pursuant to this section shall include the
(1) The date of the contributions or expenditures;
(2) The amount of the contributions or expenditures;
(3) The identity of the candidate, political party, committee,
electioneering communication, ballot measure campaign or issue
(4) If the contributions or expenditures were made for or
against a candidate, including an electioneering communication as
defined in section one-a, article eight, chapter three of this
code, the office sought by the candidate and the political party
affiliation of the candidate;
(5) If the contributions or expenditures were made for, or
against a ballot measure, the purpose of the measure and whether
the contributions or expenditures were made in support, or
opposition to the ballot measure;
(6) If the contributions or expenditures were made for, or
against an issue advocacy campaign, the nature of the political
issue and whether the contributions were made in support or
opposition to the political issue; and
(7) All expenditures made by a separate segregated fund
affiliated with the corporation.
(c) (1) The quarterly reports of political activities by a
corporation are public records.
(2) A copy of the reports filed pursuant to subsection (a)
shall be posted for at least one year on the corporation's website,
NOTE: The purpose of the bill is to require corporations to
disclose expenditures for political activities to shareholders, the
Secretary of State and the public.
This section is new; therefore, strike-throughs and
underscoring have been omitted.