WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Saturday, March
25, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by the Honorable Ronald
F. Miller, a senator from the tenth district.
The Senate was then led in recitation of the
Pledge of Allegiance by the Honorable
Pending the reading of the Journal of
Friday, March 24, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
??????????? The Clerk presented the following communication from a state agency as required by the provisions of law:
??????????? Environmental Protection, Department of
??????????????????????? Special Reclamation Fund Advisory Council (?22-1-17)
The Senate then proceeded to the
A message from The Clerk of the House of
Delegates announced the concurrence by that body in the passage of, to take
effect
Eng.
Com. Sub. for Senate Bill 306,
Supplemental appropriation of federal funds from Treasury to Workforce West
Virginia.
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2180?A
Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?17A-3-14a, relating to authorizing the
issuance of special ?In God We Trust? and ?Friends of Coal? motor vehicle
registration plates.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2208?A
Bill to amend and reenact ?8A-3-3 of the Code of West Virginia, 1931, as
amended, relating to authorizing counties and municipalities to establish a
joint airport hazard comprehensive plan for the purpose of satisfying
requirements of federal aviation law, protecting the public safety or
preventing hazardous conditions; describes requirements for written agreements;
requires submission of a plan and public hearing; providing for modifications
to written agreements; and providing just compensation for diminution of
property value.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2366?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?9-5-25, relating to the selling of a certain state
owned health care facility and appurtenances by the Secretary of the Department
of Health and Human Resources; exempting certain laws; creating a fund; implementing
a benefits package for employees; and providing statutory construction.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2475?A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article, designated
?14-1A-1, ?14-1A-2 and ?14-1A-3, all relating to authorizing the establishment
of a Debt Resolution Services Division within the Auditor?s office; providing
for administration of division and the offset of a payment due to a vendor,
contractor or taxpayer from the state to satisfy an outstanding obligation owed
by them to the state; authorizing the administration of the United States
Treasury Offset Program; providing for responsibilities of the State Tax
Commissioner and spending units of the state; providing for the adoption of
procedures, forms, and agreements; and directing the deposit of moneys offset.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2494?A
Bill to amend and reenact ?18-2E-4
of the Code of West Virginia, 1931, as amended, relating to providing that
statewide school report cards are only to be made available to custodial
parents and guardians of students upon request
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect July 1, 2017, and requested the concurrence of the Senate in the
passage of
Eng. Com. Sub. for House Bill 2524?A
Bill to repeal ?10-5-2a of the Code of West Virginia, 1931, as amended; to
repeal ?18-2I-3 of said code; to repeal ?18A-3-2d of said code; to repeal
?18A-3A-1, ?18A-3A-2, ?18A-3A-2b, ?18A-3A-3 and ?18A-3A-5 of said code; to
repeal ?18B-1-5a, ?18B-11-4 and ?18B-11-6 of said code; to amend and reenact ?4-13-2
of said code; to amend and reenact ?5-26A-3 of said code; to amend and reenact
?5B-2C-6 of said code; to amend and reenact ?5F-1-2 of said code; to amend and
reenact ?5F-2-1 of said code; to amend and reenact ?6-7-2a of said code; to
amend and reenact ?18-2I-1, ?18-2I-2 and ?18-2I-4 of said code; to amend and
reenact ?18-10A-1, ?18-10A-2, ?18-10A-3, ?18-10A-6a and ?18-10A-12 of said
code; to amend and reenact ?18-10K-2, ?18-10K-5 and ?18-10K-6 of said code; to
amend and reenact ?18-30-4 of said code; to amend and reenact ?18A-2-9 and
?18A-2-12 of said code; to amend and reenact ?18A-3-1, ?18A-3-1d, ?18A-3-2c and
?18A-3-8 of said code; to amend and reenact ?18A-3C-1, ?18A-3C-2 and ?18A-3C-3
of said code; to amend and reenact ?18B-1B-2
of said code; to amend and reenact ?18B-3D-2 of said code; to amend and reenact
?18B-5-2a of said code; to amend and reenact ?18B-16-5 and ?18B-16-8 of said
code; to amend and reenact ?18B-18B-1 of said code; and to amend and reenact
?29-24-3 and ?29-24-5 of said code, all relating to revising the processes
through which professional development is delivered for those who provide
public education in this state, including improvement of the focus on school-level
continuous improvement processes led by the principal, generally; eliminating
administrative offices, duplicative programs and obsolete provisions; repealing
provisions related to creation and duties of distance learning coordinating
council; repealing provisions related to annual state board professional
development master plan; repealing provisions related to beginning principal
internships; repealing provisions related to center for professional
development and principals academy curriculum; repealing provisions related to
center for development professional development project; repealing provisions
related to principals academy establishment, mission, required attendance and
employment of coordinator; repealing provisions related to pilot program of
delivering educational services via distance learning; repealing provisions
related to creation of depositories for assistive devices and services at two
colleges or universities; repealing provisions creating the National Institute
For Teaching Excellence and its governing board; modifying membership of
Sesquicentennial of the American Civil War Commission; modifying membership of
Commission for National and Community Service; removing Department of Education
and the Arts as option to provide technical support to the Academy of Science
and Technology in preparation of annual report; eliminating Department of
Education and the Arts as executive department headed by secretary;
transferring Division of Culture and History and Division of Rehabilitation Services
to Department of Commerce; making Educational Broadcasting Authority and
Library Commission each an independent agency within executive branch;
eliminating salary of Secretary of Education and the Arts; modifying scope and
goals of the system for coordination and delivery of professional development
to be instituted by state Board of Education; modifying legislative findings
with respect to professional development; eliminating requirement for state
Board of Education master plan for professional development; requiring state
Board of Education rule to include process for aggregating school and system
strategic plan information to assist design and delivery of professional
development; replacing references to the Secretary and the Department of
Education and the Arts in rehabilitation and vocational services related
statutes; modifying membership of Traumatic Brain and Spinal Cord Injury
Rehabilitation Fund Board; transferring fund administration to Department of
Commerce; modifying membership of College Prepaid Tuition and Savings Program
Board; including instructional leadership among the responsibilities of
principals and requiring course work in instructional leadership and related
topics as prerequisite for administrative certification; moving from a precertification
requirement to a preemployment requirement that principals, assistant
principals and administrators complete education and training in evaluation
skills; deleting provisions proscribing limitations on certain rights and
privileges of principals and assistant principals as teachers; removing
requirements for intereacton between state Board Of Education and Center for
Professional Development regarding performance evaluations; removing
proscription of issuance or renewal of certain administrative certificate;
removing requirement for state Board Of Education consultation with Secretary
of Education and Arts and Chancellor for Higher Education prior to exercise of
authority over education; adding within standards for education of professional
educators requirement providing for the study of the history and philosophical
foundations of Western Civilization and the writings of the founders of the
United States of America; authorizing state Board of Education cooperation with
regional education service agencies for selected phases of preparation programs
and expenditure of funds; removing requirement for state Board of Education to
consult with Secretary of Education and the Arts and the Chancellor of Higher
Education; removing provisions related to required training and professional
development of principals through principals academy; adding instructional
leadership and management techniques to required minimum standards for rule
governing training of principals; removing language relating to waivers,
ineligibility, progress tracking and expenses relating to training of
principals; requiring county professional staff development councils to base
proposals for staff development on analysis of individual and collective need
indicated in school?s strategic plans; incorporating principals development in
the provisions for a comprehensive system to improve teaching and learning;
making legislative finding that professional development resources must be
focused rather than increased; removing obsolete provisions related to phased
implementation of provisions for professional personnel evaluations;
eliminating requirement for five percent of evaluations to be based on state
summative assessment and increasing percent based on evidence of student learning
by five percent; incorporating principals into the comprehensive system of
support for improved professional performance; requiring deficiencies
identified through personnel evaluations to be incorporated in strategic plans
for continuous improvement; removing language requiring posting and other
provisions relating to employment; restricting certain appropriations for
certain activities; modifying membership of Higher Education Policy Commission;
modifying membership of Workforce Development Initiative Program Advisory
Committee; modifying process for approval of transfers of amounts between items
of appropriation or special accounts of institutions of higher education;
updating agency references and removing Secretary of Education and the Arts
with respect to rural health initiative; modifying membership of Science and
Research Council; transferring certain references and responsibilities to
Technology-Related Assistance Revolving Loan Fund For Individuals With
Disabilities Board to Secretary of Commerce; directing the adoption and
promulgation of rules and guidelines; and making consequential changes incident
to the elimination of agencies or programs or the modification of duties,
responsibilities and functions.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2679?A
Bill to amend and reenact ?7-11-5 of the Code of West Virginia, 1931, as
amended; and to amend and reenact ?20-2-5 of said code, all relating to the
possession of firearms in parks and park facilities generally; prohibiting
county parks and recreation commissions from promulgating or enforcing rules
which prohibit possession of firearms in parks; providing magistrate courts
with concurrent jurisdiction; altering antiquated language concerning county
courts to county commission; prohibitions on carrying a firearm in state parks,
state forests, state wildlife management areas or state rail
trails; and providing exceptions for self-defense.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2702?A
Bill to amend and reenact ?18-8-4 of the Code of West Virginia, 1931, as
amended, relating to documentation of unexcused absences from compulsory school
attendance; limiting excused absences for personal illness or injury in the
family to those of student?s parent, guardian or custodian and requiring
confirming statement from medical provider; requiring all documentation related
to absences be provided to school no later than three days of occurrence;
authorizing notice in the case of three unexcused absences to be made by means
other than written; removing provision for designated representative of
principal for conference on unexcused absences and clarifying responsibility of
administrative head or other chief administrator of school for meeting; and
making other technical clarifications.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2709?A
Bill to amend and reenact ?8-38-9 of the Code of West Virginia, 1931, as
amended, relating to the Legislature?s authorizing the City of South Charleston
to levy a special district excise tax for the benefit of the South Charleston
Park Place Economic Opportunity Development District.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 2734?A
Bill to adding thereto a new section, designated ?11-5-15, all relating to
authorizing a method for the collection and remittance of property taxes
related to dealers? heavy equipment rental inventory.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. House Bill 2774?A Bill to
amend and reenact ?11-6H-2 of the Code of West Virginia, 1931, as amended;
relating to defining ?special aircraft property? to include certain parts,
materials or items used in the construction or repair of aircraft, aircraft
engines or components of aircraft.
At the
request of Senator
A message
from The Clerk of the House of Delegates announced the passage by that body, to
take effect from passage, and requested the concurrence of the Senate in the
passage of
Eng. Com. Sub. for House Bill 2805?A
Bill finding and declaring certain claims against the state and its agencies to
be moral obligations of the state; and directing the Auditor to issue warrants
for the payment thereof.
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 90?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 91?
Referred to
the Committee on
A message
from The Clerk of the House of Delegates announced the adoption by that body
and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution 92?Requesting the Division of Highways to name that portion
of West Virginia Route 16, beginning at mile marker 37.50 and ending at mile
marker 40.92, the ?U.S. Army SGT Eugene Dawson Memorial Highway?.
Referred to
the Committee on
Executive Communications
The Clerk
then presented
The Senate proceeded to the
??????????? Senator Maynard, from the Joint
Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled, and on the 24th day of March, 2017,
presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of
Delegates:
(H. B. 2300), Regulating step
therapy protocols.
(Com. Sub. for
H. B. 2678), Changing the amounts of prejudgment and post-judgment interest to
reflect today?s economic conditions.
And,
(H. B. 2766), Establishing a
new special revenue fund, designated the Adult Drug Court Participation Fund.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Com.
Sub. for Senate Bill 38 (originating
in the Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 38 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 57, Continuing
personal income tax adjustment for certain retirees.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 57 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 238, Increasing tax
credits allowed for rehabilitation of certified historic structures.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 238 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 294, Relating to
Community Sustainability Investment Pilot Program.
And reports the same back with the
recommendation that it do pass; but under the original double committee
reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 333 (originating
in the Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 333 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 369, Permitting
surface owners purchase mineral interests when interest becomes tax lien.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 369 (originating
in the Committee on
With the recommendation that the committee
substitute do pass; but under the original double committee reference first be
referred to the Committee on
Respectfully submitted,
? Randy
E. Smith,
??? Chair.
At the request of Senator
At the request of Senator Woelfel, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
Senator
Your Committee
on
Senate Bill 375, Relating to rate and measure of severance taxes on certain natural resources.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 375 (originating
in the Committee on
With the
recommendation that the committee substitute do pass; but under the original
double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Senate
Bill 386, Creating WV
Medical Cannabis Act.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 386 (originating
in the Committee on
With the recommendation that the committee
substitute do pass; but under the original double committee reference first be
referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 402, Relating
to covenants not to compete between physicians and hospitals.
And,
Senate
Bill 667, Limiting
authority of Attorney General to disclose certain information provided by Tax
Commissioner.
And reports the same back with the
recommendation that they each do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 406, Relating to
generic drug products.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 406 (originating
in the Committee on
Senate
Bill 515, Relating to
parole requirements for hearings and release.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 515 (originating
in the Committee on
Senate
Bill 606, Defining seasonal
amusement parks workers.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 606 (originating
in the Committee on
And,
Senate
Bill 637, Relating to
private club operations requirements.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 637 (originating
in the Committee on
With the recommendation that the four
committee substitutes do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Select Committee on
Senate
Bill 409, Modifying
exemptions for consumers sales and service tax.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 409 (originating
in the Select Committee on
With the recommendation that the committee
substitute do pass; but under the original double committee reference first be
referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com.
Sub. for Senate Bill 501 (originating
in the Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 501 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Bill 521 (originating
in the Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Bill 521 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 534, Relating to
incentives for consolidating local governments.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 534 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate
Bill 588, Relating to
reproduction, distribution and sale of tax maps.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 588 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 687 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 688 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 689 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 690 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com.
Sub. for Senate Joint Resolution 6 (originating in the Committee on
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Com. Sub. for Senate Joint Resolution 6 (originating in the Committee on
With the recommendation that the committee
substitute for committee substitute be adopted; but with the further
recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
?
??? Chair.
At the request of Senator
??????????? On motion of Senator
Trump, the resolution was referred to the Committee on Finance.
Senator
Your Select Committee on
Senate
Joint Resolution 8, Fair
and Simple Tax Reform or FASTR amendment.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Joint Resolution 8 (originating in the Select Committee on Tax Reform)?Proposing an
amendment to the Constitution of the State of West Virginia, amending article X
thereof by repealing sections one, one-a, one-b, one-c, eight, eight-a, ten and
eleven; adding thereto a new section, designated section thirteen, relating to
fair and simple tax reform; preserving rights, duties and obligations of
taxpayers, local taxing authorities and the State for periods prior to
ratification of this amendment; repealing the personal property tax;
authorizing new classes of real property for the purpose of taxation;
authorizing taxing authorities to administer levies and excess levies; creating
a State infrastructure and equalization fund; providing for block grants to
local schools and governments for education and infrastructure; establishing
exemptions to the real property tax; backing bond revenue with the full faith
and credit of West Virginia; grandfathering tax benefits earned prior to the
ratification of this amendment; providing for the enactment of new benefits;
establishing a supremacy clause; providing for general law implementation;
numbering and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
With the recommendation that the committee
substitute be adopted; but under the original double committee reference first
be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Petitions
??????????? Senator
Referred to the Committee on
The Senate proceeded to the eighth order of
business.
Eng.
Com. Sub. for Senate Bill 74, Allowing fire departments to charge fees for service calls.
On third reading, coming up in regular
order, was read a third time.
Pending discussion,
At the request of Senator
Eng.
Com. Sub. for Senate Bill 428, Relating to partial filling of prescriptions.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Senate Bill 433, Permitting
counties increase excise tax on privilege of transferring real property.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld, Woelfel
and Carmichael (Mr. President)?30.
The nays were: Miller, Romano and Unger?3.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Com.
Sub. for Senate Bill 477, Increasing
State Road Fund by raising DMV fees and motor fuel excise taxes.
On third reading, coming up in regular
order, with the right having been granted on yesterday, Friday, March 24, 2017,
for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator
On page nineteen, section ten, line forty-one, after the word ?cosmetic?
by inserting the word ?total?;
On page twenty-one, section ten, lines eighty-three and eighty-four, by
striking out the words ?or cosmetic total loss title? and inserting in lieu
thereof a comma and the words ?cosmetic total loss, cosmetic total loss
salvage, flood, fire or other brand title?;
And,
On page twenty-seven, section three-c, lines one and two, by striking
out the words ?hydrogen, natural gas, nonpetrochemical fuels or a combination
thereof? and inserting in lieu thereof the words ?hydrogen or natural gas?.
There being no further amendments offered,
The bill, as just amended, was ordered to
engrossment.
Engrossed
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Beach, Blair, Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr.
President)?27.
The nays were: Azinger, Boley, Facemire,
Romano, Rucker and Woelfel?6.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Senator
On this question, the yeas were: Beach,
Blair, Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Mann, Maroney,
Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld and Carmichael (Mr. President)?27.
The nays were: Azinger, Boley, Facemire,
Romano, Rucker and Woelfel?6.
Absent: Karnes?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Thereafter, at the request of Senator Blair,
and by unanimous consent, the remarks by
Eng.
Senate Bill 504, Defining ?special
aircraft property?.
On
At the request of Senator
Eng.
Com. Sub. for Senate Bill 602, Creating uniform system of recording and indexing fictitious names used
by sole proprietors.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for Senate Bill 622, Relating generally to tax procedures and administration.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Senate Bill 658, Establishing
procedure for retitling mobile and manufactured homes.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Karnes?1.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for House Bill 2486, Providing that when a party?s health condition is at issue in a civil
action, medical records and releases for medical information may be requested
and required without court order.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
(Senator Blair in the Chair.)
Pending discussion,
(Senator
Carmichael, Mr. President, in the Chair.)
Senator Romano then moved that the bill
(Eng. Com. Sub. for H. B. 2486) be recommitted to the Committee on the
Judiciary.
Following discussion,
The question being on the adoption of
Senator Romano?s aforestated motion, and on this question, Senator Romano
demanded the yeas and nays.
The
roll being taken, the yeas were: Azinger, Beach, Clements, Facemire, Jeffries,
Maroney, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Stollings, Unger
and Woelfel?15.
The
nays were: Blair, Boley, Boso, Cline, Ferns, Gaunch, Hall, Karnes, Mann,
Maynard, Mullins, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld and
Carmichael (Mr. President)?19.
Absent:
None.
So, a
majority of those present and voting not having voted in the affirmative, the
President declared Senator Romano?s aforestated motion had not prevailed.
The
question now being ?Shall Engrossed
On the passage of the bill, the yeas were:
Blair, Boley, Boso, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maynard, Mullins,
Rucker, Smith, Swope, Sypolt, Takubo, Trump, Weld, Woelfel and Carmichael (Mr.
President)?20.
The nays were: Azinger, Beach, Clements,
Facemire, Jeffries, Maroney, Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Stollings and Unger?14.
Absent: None.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
On motion of Senator
Eng. Com. Sub. for House Bill
2486?A Bill to amend and
reenact ?33-6F-1 of the Code of West Virginia, 1931, as amended, relating to
medical records and medical billing records obtained by insurers in connection
with insurance claims or civil litigation; providing that such records shall be
confidentially maintained by insurers in accordance with state and federal law,
including the provisions of Title 114, Series 57 of the Code of State Rules;
prohibiting additional restrictions or conditions on medical records and
medical billing records obtained by insurers in connection with insurance
claims or civil litigation that contradict or are inconsistent with any
applicable policy of insurance or the performance of insurance functions
permitted or authorized by state and federal law; requiring the State Insurance
Commissioner to review the provisions of Title 114, Series 57 of the Code of
State Rules and to propose new rules or modify existing rules to the extent
deemed necessary; requiring the State Insurance Commissioner to propose any
such new rules or modification to existing rules by December 31, 2017; and
setting forth areas to be addressed in any new rules or modified existing rules
in the provisions of Title 114, Series 57 of the Code of State Rules.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
Eng.
Com. Sub. for House Bill 2811, Relating to the definition of above ground storage tanks.
On third reading, coming up in regular
order, was read a third time and put upon its passage.
Pending discussion,
The question being ?Shall Engrossed
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Weld,
Woelfel and Carmichael (Mr. President)?31.
The nays were: Jeffries, Palumbo and Unger?3.
Absent: None.
So, a majority of all the members present
and voting having voted in the affirmative, the President declared the bill
(Eng.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of
business.
Com.
Sub. for Com. Sub. for Senate Bill 60, Relating to eligibility and fraud requirements for public assistance.
On
At the request of Senator
Com.
Sub. for Senate Bill 69, Creating
Sexual Assault Victims? Bill of Rights.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 167, Relating
to DNA evidence.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 210, Renaming
Local Powers Act the County Local Powers Act.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 217, Relating
to disclaimers of warranties regarding used manufactured homes.
On
At the request of Senator
Com.
Sub. for Com. Sub. for Senate Bill 281, Increasing number of limited video lottery machines allowed at retail
location.
On
At the request of Senator
Com.
Sub. for Senate Bill 316, Requiring
individuals receiving unemployment compensation apply for and accept seasonal
employment.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 376, Relating
generally to Sex Offender Registration Act.
On
At the request of Senator
Com.
Sub. for Senate Bill 380, Creating
2-year pilot program to allow all-terrain or recreational vehicles in
Cabwaylingo State Forest.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 388, Relating
to dangerous weapons.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
On pages
?61-7-14. Right of
certain persons to limit possession of firearms on premises.
(a) As used in this section:
(1) ?Parking lot? means any property that is used for parking motor
vehicles and is available to customers, employees, or invitees for temporary or
long‐term
parking or storage of motor vehicles.
(2) ?Motor vehicle? means any automobile, truck, minivan, sports utility
vehicle, motor home, recreational vehicle, motorcycle, motor scooter or any
other vehicle operated on the roads of this state and required to be registered
under state law.
(3) ?Employee? means any person, who is over eighteen years of age, not
prohibited from possessing firearms by the provisions of this code or federal
law and:
(A) Works for salary, wages or other remuneration;
(B) Is an independent contractor; or
(C) Is a volunteer, intern or other similar individual for an employer.
(4) ?Employer? means any business that is a sole proprietorship,
partnership, corporation, limited liability company, professional association,
cooperative, joint venture, trust, firm, institution or association, or public
sector entity, that has employees.
(5) ?Invitee? means any business invitee, including a customer or
visitor, who is lawfully on the premises of a public or private employer.
(b)
Notwithstanding the provisions of this article, any owner, lessee or other person
charged with the care, custody and control of real property may prohibit the
carrying openly or concealed of any firearm or deadly weapon on property under
his or her domain: Provided, That for purposes of this section ?person?
means an individual or any entity which may acquire title to real property.
(c)
Any person carrying or possessing a firearm or other deadly weapon on the
property of another who refuses to temporarily relinquish possession of the
firearm or other deadly weapon, upon being requested to do so, or to leave the
premises, while in possession of the firearm or other deadly weapon, is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than
$1,000 or confined in jail not more than six months, or both: Provided,
That the provisions of this section do not apply to a person as set forth in
subdivisions (3) through (7), subsection (a), section six of this article while
the person is acting in an official capacity; and to a person as set forth in
subdivisions (1) through (8), subsection (b), section six of this
article, while the person is acting in his or her official capacity: Provided,
however, That under no circumstances, except as provided for by the
provisions of paragraph (1), subdivision (2), subsection (b), section eleven-a
of this article may any person possess or carry or cause the possession or
carrying of any firearm or other deadly weapon on the premises of any primary
or secondary educational facility in this state unless the person is a
law-enforcement officer or he or she has the express written permission of the
county school superintendent.
(d) Prohibited acts. ?
(1) No public or private employer may prohibit any customer, employee or
invitee from possessing any legally owned firearm when such firearm is lawfully
possessed and locked inside or locked to a private motor vehicle in a parking
lot and when the customer, employee or invitee is lawfully in such area.
(2) No public or private employer may violate the privacy rights of a
customer, employee or invitee by verbal or written inquiry regarding the
presence of a firearm inside or locked to a private motor vehicle in a parking
lot or by an actual search of a private motor vehicle in a parking lot to
ascertain the presence of a firearm within the vehicle. Further, no public or
private employer may take any action against a customer, employee or invitee
based upon verbal or written statements of any party concerning possession of a
firearm stored inside a private motor vehicle in a parking lot for lawful
purposes. A search of a private motor vehicle in the parking lot of a public or
private employer to ascertain the presence of a firearm within the vehicle may
only be conducted by on‐duty law-enforcement personnel, based upon
due process and must comply with constitutional protections.
(3) No public or private employer shall condition employment upon
either:
(A) The fact that an employee or prospective employee holds or does not
hold a license issued pursuant to the provisions of section four or four-a of
this article; or
(B) Any agreement by an employee or a prospective employee that
prohibits an employee from keeping a legal firearm locked inside or locked to a
private motor vehicle in a parking lot when such firearm is kept for lawful
purposes.
(4) No public or private employer shall prohibit or attempt to prevent
any customer, employee or invitee from entering the parking lot of the employer?s
place of business because the customer?s, employee?s or invitee?s private motor
vehicle contains a legal firearm being carried for lawful purposes, that is out
of sight within the customer?s, employee?s or invitee?s private motor vehicle.
(e) Duty of care of public and
private employers; immunity from liability. ?
(1) When subject to the provisions of subsection (d) of this section, a
public or private employer has no duty of care related to the actions
prohibited under such subsection.
(2) A public or private employer is not liable in a civil action based
on actions or inactions taken in compliance with this section. The immunity
provided in this subsection does not apply to civil actions based on actions or
inactions of public or private employers that are unrelated to compliance with
this section.
(3) Nothing contained in this section shall be interpreted to expand any
existing duty, or create any additional duty, on the part of a public or
private employer, property owner or property owner?s agent.
(f) Enforcement. ? The
Attorney General is authorized to enforce the provisions of this section and
may bring a civil action to restrain a public or private employer from
violating this section:
(1) For injunctive or other appropriate equitable relief in order to
protect the exercise or enjoyment of the rights secured in this section to any
customer, employee or invitee of a public or private employer, or
(2) For civil penalties of no more than five thousand dollars for each
violation of this section and all costs and attorney?s fees associated with
bringing the action; or
(3) For both equitable relief and civil penalties, including costs and
attorney?s fees. This action must be brought in the name of the state and
instituted in the circuit court of Kanawha County. The Attorney General
may negotiate a settlement with any employer in the course of his or her
enforcement of this section.
The grant of authority to the Attorney General in this subsection does
not affect the right of a person aggrieved under this section to bring a civil
action for violation of rights protected under the section in his or her name
and instituted in the circuit court for the county where the alleged violator
resides or has a principal place of business or where the alleged violation
occurred. In any successful action brought by a customer, employee or
invitee aggrieved under this section, the court may award injunctive relief and
all reasonable personal costs and losses suffered by the aggrieved person as a
result of the violation of rights under this section. In any action
brought by an aggrieved person pursuant to this section, the court shall award
all court costs and attorney?s fees to the prevailing party.
??????????? On motion of Senator Jeffries, the following amendment to Senator Sypolt?s amendment to the bill (Com. Sub. for S. B. 388) was reported by the Clerk:
On page
??????????? Following discussion,
??????????? The question being on the adoption of Senator Jeffries? amendment to Senator Sypolt?s amendment to the bill (Com. Sub. for S. B. 388), the same was put and did not prevail.
??????????? The question now being on the adoption of Senator Sypolt?s amendment to the bill.
??????????? Thereafter,
at the request of Senator
The bill
Senate
Bill 401, Allowing county
board of education base employment decisions on individual?s qualifications.
On
At the request of Senator
Com.
Sub. for Senate Bill 412, Relating
to WV Jobs Act reporting requirements.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 416, Relating to
Public-Private Transportation Facilities Act.
On
At the request of Senator
Senate
Bill 417, Removing
financial limitations on number of design-build projects undertaken by DOH.
On
At the request of Senator
Senate
Bill 421, Increasing amount
of authorized federal Grant Anticipation Notes for which DOH may apply.
On
At the request of Senator
Com.
Sub. for Senate Bill 437, Discontinuing
WV Greyhound Breeding Development Fund.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
Com.
Sub. for Senate Bill 453, Adding
classification and base salaries of certain civilian employees of WV State
Police Forensic Laboratory.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 484, Relating
generally to taxation.
On
At the request of Senator
Senate
Bill 493, Providing
increase in compensation for conservation officers.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
On page
The bill
Com.
Sub. for Senate Bill 539, Relating
to regulation and control of financing elections.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator
By striking out everything after the enacting clause and inserting in
lieu thereof the following:
That ?3-8-1a, ?3-8-2, ?3-8-3, ?3-8-4, ?3-8-5, ?3-8-5a, ?3-8-5b, ?3-8-7, ?3-8-8, ?3-8-9, ?3-8-10, ?3-8-12 and ?3-8-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto five new sections, designated ?3-8-1b, ?3-8-1c, ?3-8-5c, ?3-8-8a and ?3-8-9a, all to read as follows:
ARTICLE
8. REGULATION AND CONTROL OF ELECTIONS.
?3-8-1a. Definitions.
As used in this article, the following terms have the following definitions:
(1) ?Ballot issue? means a constitutional amendment, special levy, bond issue, local option referendum, municipal charter or revision, an increase or decrease of corporate limits or any other question that is placed before the voters for a binding decision.
(2) ?Billboard advertisement? means a commercially available outdoor advertisement, sign or similar display regularly available for lease or rental to advertise a person, place or product.
(3) ?Broadcast, cable or satellite communication? means a communication that is publicly distributed by a television station, radio station, cable television system or satellite system.
(4) ?Candidate? means an individual who:
(A) Has filed a certificate of announcement under section seven, article five of this chapter or a municipal charter;
(B) Has filed a declaration of candidacy under section twenty-three, article five of this chapter;
(C) Has been named to fill a vacancy on a ballot; or
(D) Has declared a write-in candidacy or otherwise publicly declared his or her intention to seek nomination or election for any state, district, county or municipal office or party office to be filled at any primary, general or special election.
(5) ?Candidate?s committee? or ?candidate committee? means a political committee established with the approval of or in cooperation with a candidate or a prospective candidate to explore the possibilities of seeking a particular office or to support or aid his or her nomination or election to an office in an election cycle. If a candidate directs or influences the activities of more than one active committee in a current campaign, those committees shall be considered one committee for the purpose of contribution limits.
(6) ?Clearly identified? means that the name, nickname,
photograph, drawing or other depiction of the candidate appears or the identity
of the candidate is otherwise apparent through an unambiguous reference, such
as ?the Governor?, ?your Senator? or ?the incumbent? or through an
unambiguous reference to his or her status as a candidate, such as ?the
Democratic candidate for Governor? or ?the Republican candidate for Supreme
Court of Appeals House of Delegates?.
(7) ?Contribution? means a gift, subscription, loan,
assessment, payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing of value,
whether conditional or legally enforceable, or a transfer of money or other
tangible thing of value to a person, made for the purpose of influencing the
nomination, election or defeat of a candidate. An offer or tender of a
contribution is not a contribution if expressly and unconditionally rejected or
returned. A contribution does not include volunteer personal services provided
without compensation: Provided, That a nonmonetary contribution is to be
considered at fair market value for reporting requirements and contribution
limitations.
(8) (7) ?Corporate political action
committee? means a political action committee that is a separate segregated
fund of a corporation that may only accept contributions from its restricted
group as outlined by the rules of the State Election Commission.
(9) (8) ?Direct costs of purchasing,
producing or disseminating electioneering communications? means:
(A) Costs charged by a vendor, including, but not limited to, studio rental time, compensation of staff and employees, costs of video or audio recording media and talent, material and printing costs and postage; or
(B) The cost of air time on broadcast, cable or satellite radio and television stations, the costs of disseminating printed materials, studio time, use of facilities and the charges for a broker to purchase air time.
(10) (9) ?Disclosure date? means either of
the following:
(A) The first date during any calendar year on which any electioneering communication is disseminated after the person paying for the communication has spent a total of $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications; or
(B) Any other date during that calendar year after any previous disclosure date on which the person has made additional expenditures totaling $5,000 or more for the direct costs of purchasing, producing or disseminating electioneering communications.
(11) (10) ?Election? means any primary,
general or special election conducted under the provisions of this code or
under the charter of any municipality at which the voters nominate or elect
candidates for public office. For purposes of this article, each primary,
general, special or local election constitutes a separate election. This
definition is not intended to modify or abrogate the definition of the term ?nomination?
as used in this article.
(12) (11) (A) ?Electioneering communication?
means any paid communication made by broadcast, cable or satellite signal, mass
mailing, telephone bank, billboard advertisement or published in any newspaper,
magazine or other periodical that:
(i) Refers to a clearly identified candidate for Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals or the Legislature;
(ii) Is publicly disseminated within:
(I) Thirty days before a primary election at which the nomination for office sought by the candidate is to be determined; or
(II) Sixty days before a general or special election at which the office sought by the candidate is to be filled; and
(iii) Is targeted to the relevant electorate: Provided,
That for purposes of the general election of 2008 the amendments to this
article are effective October 1, 2008.
(B) ?Electioneering communication? does not include:
(i) A news story, commentary or editorial disseminated through the facilities of any broadcast, cable or satellite television or radio station, newspaper, magazine or other periodical publication not owned or controlled by a political party, political committee or candidate: Provided, That a news story disseminated through a medium owned or controlled by a political party, political committee or candidate is nevertheless exempt if the news is:
(I) A bona fide news account communicated in a publication of general circulation or through a licensed broadcasting facility; and
(II) Is part of a general pattern of campaign-related news that gives reasonably equal coverage to all opposing candidates in the circulation, viewing or listening area;
(ii) Activity by a candidate committee, party executive
committee or political party caucus committee, or a political
action committee that is required to be reported to the State Election
Commission or the Secretary of State as an expenditure pursuant to section five
of this article or the rules of the State Election Commission or the Secretary
of State promulgated pursuant to such provision: Provided, That
independent expenditures by a party executive committee or caucus committee or
a political action committee required to be reported pursuant to subsection
(b), section two of this article are not exempt from the reporting requirements
of this section;
(iii) A candidate debate or forum conducted pursuant to rules adopted by the State Election Commission or the Secretary of State or a communication promoting that debate or forum made by or on behalf of its sponsor;
(iv) A communication paid for by any organization operating under section 501(c)(3) of the Internal Revenue Code of 1986;
(v) A communication made while the Legislature is in session which, incidental to promoting or opposing a specific piece of legislation pending before the Legislature, urges the audience to communicate with a member or members of the Legislature concerning that piece of legislation;
(vi) A statement or depiction by a membership organization, in existence prior to the date on which the individual named or depicted became a candidate, made in a newsletter or other communication distributed only to bona fide members of that organization;
(vii) A communication made solely for the purpose of attracting public attention to a product or service offered for sale by a candidate or by a business owned or operated by a candidate which does not mention an election, the office sought by the candidate or his or her status as a candidate; or
(viii) A communication, such as a voter?s guide, which refers to all of the candidates for one or more offices, which contains no appearance of endorsement for or opposition to the nomination or election of any candidate and which is intended as nonpartisan public education focused on issues and voting history.
(13) (12) ?Expressly advocating? means any
communication that:
(A) Uses phrases such as ?vote for the Governor?, ?reelect
your Senator?, ?support the Democratic nominee incumbent candidate
for Supreme Court?, ?cast your ballot for the Republican challenger for House
of Delegates?, ?Smith for House?, ?Bob Smith in ?04?, ?vote Pro-Life? or ?vote
Pro-Choice? accompanied by a listing of clearly identified candidates described
as pro-life or pro-choice, ?vote against Old Hickory?, ?defeat? accompanied by
a picture of one or more candidates, or ?reject the incumbent?;
(B) Communications of campaign slogans or individual words, that can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers, advertisements, etc., which say ?Smith?s the One?, ?Jones ?06?, ?Baker?, etc.; or
(C) Is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
(14) (13) ?Financial agent? means any
individual acting for and by himself or herself, or any two or more individuals
acting together or cooperating in a financial way to aid or take part in the
nomination or election of any candidate for public office, or to aid or promote
the success or defeat of any political party at any election.
(15) (14) ?Fundraising event? means an event
such as a dinner, reception, testimonial, cocktail party, auction or similar
affair through which contributions are solicited or received by such means as
the purchase of a ticket, payment of an attendance fee or by the purchase of
goods or services.
(16) (15) ?Independent expenditure? means an
expenditure by a person:
(A) Expressly advocating the election or defeat of a clearly identified candidate; and
(B) That is not made in concert or cooperation with or at the request or suggestion of such candidate, his or her agents, the candidate?s authorized political committee or a political party committee or its agents.
Supporting or opposing the election of a clearly identified candidate includes supporting or opposing the candidates of a political party. An expenditure which does not meet the criteria for an independent expenditure is considered a contribution.
(17) (16) ?Mass mailing? means a mailing by
United States mail, facsimile or electronic mail of more than five hundred
pieces of mail matter of an identical or substantially similar nature within
any thirty-day period. For purposes of this subdivision ?substantially similar?
includes communications that contain substantially the same template or
language, but vary in nonmaterial respects such as communications customized by
the recipient?s name, occupation or geographic location.
(18) (17) ?Membership organization? means a
group that grants bona fide rights and privileges, such as the right to vote,
to elect officers or directors and the ability to hold office, to its members
and which uses a majority of its membership dues for purposes other than
political purposes. ?Membership organization? does not include organizations
that grant membership upon receiving a contribution.
(18) ?Membership organization political action committee? means a political action committee that is a separate segregated fund of a membership organization that may only accept contributions from its restricted group as outlined by the rules of the State Election Commission.
(19) ?Name? means the full first name, middle name or initial, if any, and full legal last name of an individual and the full name of any association, corporation, committee or other organization of individuals, making the identity of any person who makes a contribution apparent by unambiguous reference.
(20) ?Person? means an individual, corporation, partnership, committee, association and any other organization or group of individuals.
(21) ?Political action committee? means a committee organized by one or more persons for the purpose of supporting or opposing the nomination or election of one or more candidates. The following are types of political action committees:
(A) A corporate political action committee, as that term
is defined by subdivision (8) (7) of this section;
(B) A membership organization political action committee, as that term is defined by subdivision (18) of this section;
(C) An unaffiliated political action committee, as that term is defined by subdivision (29) of this section.
(22) ?Political committee? means any candidate?s committee, political action committee or political party committee, as defined in subdivision (5), (21) or (25) of this section.
(23) ?Political party? means a political party as that term is defined by section eight, article one of this chapter or any committee established, financed, maintained or controlled by the party, including any subsidiary, branch or local unit thereof and including national or regional affiliates of the party.
(24) ?Political party caucus? means the committees that are established by the Republican and Democrat caucuses of both the West Virginia House of Delegates and the West Virginia State Senate, or by any other political party recognized by the State of West Virginia.
(24) (25) ?Political party committee? means
a committee established by a political party or political party caucus for the
purposes of engaging in the influencing of the election, nomination or defeat
of a candidate in any election.
(25) (26) ?Political purposes? means
supporting or opposing the nomination, election or defeat of one or more
candidates or the passage or defeat of a ballot issue, supporting the
retirement of the debt of a candidate or political committee or the
administration or activities of an established political party or an
organization which has declared itself a political party and determining the
advisability of becoming a candidate under the precandidacy financing
provisions of this chapter.
(26) (27) ?Targeted to the relevant
electorate? means that a communication which refers to a clearly
identified candidate for statewide office or the Legislature and which
can be received by one hundred forty thousand or more individuals in the state
in the case of a candidacy for statewide office, eight thousand two hundred
twenty or more individuals in the district in the case of a candidacy for the
State Senate and two thousand four hundred ten or more individuals in the
district in the case of a candidacy for the House of Delegates.
(27) (28) ?Telephone bank? means telephone
calls that are targeted to the relevant electorate, other than telephone calls
made by volunteer workers, regardless of whether paid professionals designed
the telephone bank system, developed calling instructions or trained
volunteers.
(28) ?Two-year election cycle? means the twenty-four
month period that begins the day after a general election and ends on the day
of the subsequent general election.
(29) ?Unaffiliated political action committee? means a political action committee that is not affiliated with a corporation or a membership organization.
?3-8-1b. Political contribution defined.
(a) ?Political contribution? means:
(1) Any gift, subscription, loan, advance, deposit of
money or payment or anything of value given to any entity that is registered or
is required to be registered as a political committee at the time the political
contribution is made, or that is given to be used specifically for making
political contributions to other recipients or for making political
expenditures; or
(2) Any political expenditure, as that term is defined
in section one-c of this article, that is made in coordination with a
candidate, candidate committee or party committee.
(b) The term ?political contribution? does not include:
(1) Any gift, subscription, loan, advance, deposit of
money or payment or anything of value made or given as part of a bona fide
commercial transaction, including, but not limited to, any loans, refunds,
rebates or discounts offered to the general public or similar customers on
substantially the same material terms;
(2) The payment by any corporation or membership
organization for the costs of establishing, administering, and soliciting
contributions from its restricted class to its separate segregated fund;
(3) The payment by any corporation or membership
organization for the costs of communicating with its restricted class about any
subject;
(4) The appearance of a candidate at any residence or
the facilities of any corporation, membership organization, social or
civic organization, or educational institution to speak about the candidate?s
campaign: Provided, That the use of such venue is furnished by the venue?s
owner and is not paid for by a third party;
(5) The costs of hosting a debate or candidates? forum:
Provided, That at least two opposing candidates with respect to any
given office sought are invited with the same or similar advance notice and
method of invitation;
(6) The preparation and distribution of voter guides,
subject to the following:
(A) The sponsor may include in the voter guide similar
biographical information on each featured candidate, such as education,
employment positions, offices held and community involvement;
(B) Comparable information shall be provided on each
candidate featured in the voter guide for a particular office or each candidate
featured shall be provided an equal opportunity to respond to questions;
(C) No featured candidate may receive greater
prominence in the voter guide than any other candidate, or substantially more
space for descriptions of his or her positions or responses; and
(D) The sponsor of the voter guide shall not include
the sponsor?s own message meeting the definition of a political expenditure
under section one-c of this article;
(7) The value of services provided without compensation
by any individual who volunteers on behalf of any candidate, candidate
committee, party committee or other political committee, or any unreimbursed
payment for expenses related to the volunteer activity;
(8) Any cost incurred for covering or carrying a news story,
commentary or editorial by a broadcasting station or cable television operator,
Internet website, or newspaper or other periodical publication, including an
Internet or other electronic publication: Provided, That the cost for
the news story, commentary or editorial is not paid for by, and the medium is
not owned or controlled by, a candidate, candidate committee, party committee
or other political committee; and
(9) The payment for or provision of legal and
accounting services rendered to a candidate, candidate committee, party
committee or other political committee if the services are solely for the
purpose of ensuring compliance with or challenging the constitutional validity
or interpretation of the provisions of this chapter;
(c) The term ?political contribution? may not be
construed to include any transactions not specifically listed in subsection (b)
of this section if those contributions do not otherwise meet the definition of ?political
contribution? as set forth in subsection (a) of this section.
?3-8-1c. Political expenditure defined.
(a) ?Political expenditure? means the payment for:
(1) Any communication that constitutes express advocacy
or electioneering communications, as those terms are defined in subdivisions
(11) and (12), section one-a of this article; or
(2) The republication of campaign materials for any
candidate, candidate committee, party committee or political committee, except
for:
(A) The republication of materials in a voter guide
described under subdivision (6), subsection (b), section one-b of this article;
(B) The republication of campaign materials commenting
or explaining a candidate?s position on any issue that does not otherwise in
express terms call for the election or defeat of any clearly identified
candidate; or
(C) The republication of publicly available photographs
or video footage of a candidate that is devoid of any text or audio content in
or from the original material.
(b) The term ?political expenditure? does not include
anything that is excluded from the definition of a ?political contribution?, as
set forth in subsection (b), section one-b of this article of the definition of
?political contribution.?
(c) A ?political expenditure? is ?made in coordination?
or otherwise considered to be coordinated if:
(1) The communication is paid for, in whole or in part,
by a person other than a candidate, candidate committee or party committee; and
(2) It satisfies at least one of the following conduct
standards:
(A) The political expenditure is created, produced,
distributed or undertaken at the request or suggestion of a candidate,
candidate committee, party committee; or
(B) The political expenditure is created, produced,
distributed or undertaken at the suggestion of a person paying for the
expenditure and the candidate, candidate committee or party committee
affirmatively assents to the suggestion.
(d) A ?political expenditure? is not ?made in
coordination? or otherwise considered to be coordinated if any of the following
occur:
(1) A candidate committee or a political party
committee responds to an inquiry about the candidate?s or political party
committee?s positions on legislative or policy issues, including substantive
discussion of the legislative or policy issues, but not including a discussion
of campaign plans, projects, activities, or needs;
(2) Information or materials used in the creation,
production, distribution or undertaking of the political expenditure was
obtained from a publicly available source;
(3) A candidate endorses another candidate;
(4) A candidate solicits funds for another candidate, a
political committee, a party committee or organizations eligible to receive
tax-deductible donations under 26 U. S. C. ?170 (or any successor provision)
and regulations of the U. S. Department of Treasury;
(5) A candidate is clearly identified only in his or
her capacity as the owner or operator of a business that existed prior to the
candidacy, if the communication does not refer to an election or another
candidate who seeks the same office as that candidate; or
(6) A commercial vendor, former employee or political
committee has established and implemented a firewall that meets the following
requirements: Provided, That the communication does not qualify for this
exemption if specific information indicates that, despite the firewall,
information about a candidate?s, candidate committee?s, measure committee?s, or
party committee?s campaign plans, projects, activities or needs that is
material to the creation, production or distribution of the political
expenditure was used or conveyed to the person paying for the political
expenditure:
(A) The firewall must be designed and implemented to
prohibit the flow of information between employees or consultants providing
services for the person paying for the communication and those employees or
consultants currently or previously providing services to a candidate or party
committee, or a candidate committee or measure committee supporting or opposing
a candidate or measure clearly identified in the political expenditure; and
(B) The firewall must be described in a written policy
that is distributed to all relevant employees, consultants and clients affected
by the policy.
(e) Political expenditures may only be made in
coordination with a candidate or candidate?s committee as set forth in section
nine-a of this article.
(f) Any political expenditure that is made in
coordination with a candidate or candidate?s committee must contain a
disclaimer that clearly identifies that the expenditure is coordinated.
?3-8-2. Accounts for receipts and expenditures in elections; requirements for reporting independent expenditures.
(a) Except for: (1) Candidates for party committeeman and
committeewoman; and (2) federal committees required to file under the
provisions of 2 U. S. C. ?434; and (3) candidates for delegate to a national
convention, all candidates for nomination or election and all persons
supporting, aiding or opposing the nomination, election or defeat of any
candidate shall keep for a period of six months records of receipts and expenditures
which are made for political purposes: Provided, That any federal
committee that makes state level independent expenditures or engages in state
level electioneering communications is not exempt from the recordkeeping and
reporting provisions of this article. All of the receipts and expenditures
are subject to regulation by the provisions of this article. Verified financial
statements of the records and expenditures shall be made and filed as public
records by all candidates and by their financial agents, representatives or any
person acting for and on behalf of any candidate and by the treasurers of all
political party committees.
(b) (1) In addition to any other reporting required
by the provisions of this chapter, any person who makes independent
expenditures in an aggregate amount or value in excess of $1,000 during a
calendar year shall file a disclosure statement, on a form prescribed by the
Secretary of State, that contains all of the requirements set forth in
section eight-a of this article. following information:
(A) The name of (i) the person making the expenditure;
(ii) the name of any person sharing or exercising direction or control over the
activities of the person making the expenditure; and (iii) the name of the
custodian of the books and accounts of the person making the expenditure;
(B) If the person making the expenditure is not an
individual, the principal place of business of the partnership, corporation,
committee, association, organization or group which made the expenditure;
(C) The amount of each expenditure of more than $1,000
made during the period covered by the statement and the name of the person to
whom the expenditure was made;
(D) The elections to which the independent expenditure
pertain, the names, if known, of the candidates referred to or to be referred
to therein, whether the expenditure is intended to support or oppose the
identified candidates and the amount of the total expenditure reported pursuant
to paragraph (C) of this subdivision spent to support or oppose each of the
identified candidates;
(E) The name and address of any person who contributed
a total of more than $250 between the first day of the preceding calendar year,
and the disclosure date, and whose political contributions were made for the
purpose of furthering the expenditure.
(F) With regard to the contributors required to be
listed pursuant to paragraph (E) of this subdivision, the statement shall also
include:
(i) The month, day and year that the contributions of
any single contributor exceeded $250;
(ii) If the contributor is a political action
committee, the name and address the political action committee registered with
the Secretary of State, county clerk or municipal clerk;
(iii) If the contributor is an individual, the name and
address of the individual, his or her occupation, the name and address of the
individual?s current employer, if any, or, if the individual is self-employed,
the name and address of the individual?s business, if any;
(iv) A description of the contribution, if other than money;
and
(v) The value in dollars and cents of the contribution.
(G) (1) A certification that such independent
expenditure was not ? made in coordination? or otherwise a coordinated
contribution as defined in section one-c of this article.
(2) Any person who makes a contribution for the purpose
of funding an independent expenditure under this subsection shall, at the time
the contribution is made, provide his or her name, address, occupation, his or
her current employer, if any, or, if the individual is self-employed, the name
of his or her business, if any, to the recipient of the contribution.
(3) The Secretary of State shall expeditiously prepare
indices setting forth, on a candidate-by-candidate basis, all independent
expenditures separately, made by, or on behalf of, or for, or against each
candidate, as reported under this subsection, and for periodically publishing
such indices on a timely preelection basis.
(c) (1) A person, including a political committee, who
makes or contracts to make independent expenditures aggregating $1,000 or more
for any statewide, legislative or multicounty judicial candidate or $500 or
more for any county office, single-county judicial candidate, committee
supporting or opposing a candidate on the ballot in more than one county, or
any municipal candidate on a municipal election ballot, after the fifteenth
day, but more than twelve hours, before the date of an election, shall file a
report on a form prescribed by the Secretary of State, describing the
expenditures within twenty-four hours: Provided, That a person making
expenditures in the amount of $1,000 or more for any statewide or legislative
candidate on or after the fifteenth day but more than twelve hours before the
day of any election shall report such expenditures in accordance with section
two-b of this article and shall not file an additional report as provided
herein.
(2) Any person who files a report under subdivision (1)
of this subsection, shall file an additional report within twenty-four hours
after each time the person makes or contracts to make independent expenditures
aggregating an additional $500 with respect to the same election, for any
county office, single-county judicial candidate, committee supporting or
opposing a candidate on the ballot in more than one county, or any municipal
candidate on a municipal election ballot, as that to which the initial report
relates.
(d) (1) A person, including a political committee, who
makes or contracts to make independent expenditures aggregating $10,000 or more
at any time up to and including the fifteenth day before the date of an
election shall file a report on a form prescribed by the Secretary of State,
describing the expenditures within forty-eight hours.
(2) A person who files a report under subdivision (1) of
this subsection, the person shall file an additional report within forty-eight
hours after each time the person makes or contracts to make independent
expenditures aggregating an additional $10,000 with respect to the same
election as that to which the initial report relates.
(e) (c) Any communication paid for by an
independent expenditure must include a clear and conspicuous public notice
that:
(1) Clearly states that the communication is not authorized by the candidate or the candidate?s committee; and
(2) Clearly identifies the person making the expenditure,
as required by section fourteen of this article: Provided, That
if the communication appears on or is disseminated by broadcast, cable or
satellite transmission, the statement required by this subsection must be both
spoken clearly and appear in clearly readable writing at the end of the
communication.
(f) (d) Any person who has spent a total of
$5,000 or more for the direct costs of purchasing, producing or disseminating
electioneering communications during any calendar year shall maintain all
financial records and receipts related to such expenditure for a period of six
months following the filing of a disclosure pursuant to subsection (a) of this
section and, upon request, shall make such records and receipts available to
the Secretary of State or county clerk for the purpose of an audit as provided
in section seven of this article.
(g) (e) Any person who willfully fails to
comply with this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $500, or confined in jail for not more
than one year, or both fined and confined.
(h) (f) (1) Any person who is required to
file a statement under this section may file the statement by facsimile device
or electronic mail, in accordance with such rules as the Secretary of State may
promulgate.
(2) The Secretary of State shall make any document filed electronically pursuant to this subsection accessible to the public on the Internet not later than twenty-four hours after the document is received by the secretary.
(3) In promulgating a rule under this subsection, the secretary shall provide methods, other than requiring a signature on the document being filed, for verifying the documents covered by the rule. Any document verified under any of the methods shall be treated for all purposes, including penalties for perjury, in the same manner as a document verified by signature.
(i) (g) This section does not apply to
candidates for federal office.
(j) (h) The Secretary of State may
promulgate emergency and legislative rules, in accordance with the provisions
of chapter twenty-nine-a of this code, to establish guidelines for the
administration of this section.
?3-8-3. Committee treasurers; required to receive and disburse funds.
Every political committee shall appoint and retain a
treasurer to receive, keep and disburse all sums of money which may be
collected or received by such committee, or by any of its members, for election
expenses, and, unless such treasurer is first appointed and thereafter
retained, it shall be unlawful for any such committee or any of its members to
collect, receive or disburse money for any such purposes. All moneys collected
or received by any such committee, or by any of its members, for election
expenses shall be paid over to, and pass through the hands of, the treasurer,
and shall be disbursed by him the treasurer, and it shall be
unlawful for any such committee, or any of its members, to disburse any money
for election expenses unless such money shall be paid to, and disbursed by, the
treasurer. The same person may be designated to act as treasurer for two or
more political party committees. This section creates no obligation upon any
entity or individual, other than a political committee as defined in this
article.
?3-8-4. Treasurers and financial agents; written designation requirements.
(a) No person may act as the treasurer of any political
action committee or political party committee supporting, aiding or opposing
the nomination, election or defeat of any candidate for an office encompassing
an election district larger than a county unless a written statement of
organization, on a form to be prescribed by the Secretary of State, is filed
with the Secretary of State at least twenty-eight days before the election at
which that person is to act as a treasurer and is received by the Secretary of
State before midnight, eastern standard time, of that day or, if mailed, is
postmarked before that hour. The form shall include the name of the political action
committee or political party committee; the name of the treasurer; the
mailing address, telephone number and e-mail address, if applicable, of the
committee and of the treasurer if different from the committee information; the
chairman of the committee; the affiliate organization, if any; type of
committee affiliation, as defined in subdivisions (21) and (24) (25),
section one-a of this article, if any; and whether the committee will
participate in statewide, county or municipal elections. The form shall be
certified as accurate and true and signed by the chairman and the treasurer of
the committee: Provided, That a change of treasurer or financial agent
may be made at any time by filing a written statement with the Secretary of
State.
(b) No person may act as the treasurer for any candidate for nomination or election to any statewide office, or to any office encompassing an election district larger than a county or to any legislative office unless a written statement designating that person as the treasurer or financial agent is filed with the Secretary of State at least twenty-eight days before the election at which that person is to act as a treasurer and is received by the Secretary of State before midnight, eastern standard time, of that day or if mailed, is postmarked before that hour: Provided, That a change of treasurer or financial agent may be made at any time by filing a written statement with the Secretary of State.
(c) No person may act as treasurer of any committee or as financial agent for any candidate to be nominated or elected by the voters of a county or a district therein, except legislative candidates, or as the financial agent for a candidate for the nomination or election to any other office, unless a written statement designating him or her as the treasurer or financial agent is filed with the clerk of the county commission at least twenty-eight days before the election at which he or she is to act and is received before midnight, eastern standard time, of that day or if mailed, is postmarked before that hour: Provided, That a change of treasurer may be made at any time by filing a written statement with the clerk of the county commission.
(d) Notwithstanding the provisions of subsections (a), (b) and (c) of this section, a filing designating a treasurer for a state or county political executive committee may be made any time before the committee either accepts or spends funds. Once a designation is made by a state or county political executive committee, no additional designations are required under this section until a successor treasurer is designated. A state or county political executive committee may terminate a designation made pursuant to this section by making a written request to terminate the designation and by stating in the request that the committee has no funds remaining in the committee?s account. This written request shall be filed with either the Secretary of State or the clerk of the county commission as provided by subsections (a), (b) and (c) of this section.
(e) This section creates no obligation upon any entity
or person other than a political action committee, political party committee,
candidate, or treasurer or financial agent for any candidate as described in
this section.
?3-8-5. Detailed accounts and verified financial statements required.
(a) Every candidate, treasurer, person and association of
persons, organization of any kind, including every membership organization
or corporation, directly, or by an independent expenditure, supporting a political
committee established pursuant to paragraph (C), subdivision (1), subsection (b)(c),
section eight of this article or engaging in other activities permitted by this
section and also including the treasurer or equivalent officer of the
association or organization, expressly advocating the election or defeat of a
clearly identified candidate for state, district, county or municipal office,
and the treasurer of every political committee shall keep detailed accounts of
every sum of money or other thing of value received by him or her, including
all loans of money or things of value and of all expenditures and disbursements
made, liabilities incurred, by the candidate, financial agent, person,
association or organization or political committee, for political purposes, or
by any of the officers or members of the committee, or any person acting under
its authority or on its behalf.
(b) Every person or association of persons candidate
or political committee required to keep detailed accounts under this section
shall file with the officers hereinafter prescribed a detailed itemized sworn
statement:
(1) Of all financial transactions, whenever the total
exceeds $500, which have taken place before the last Saturday in March, to be
filed within six days thereafter and annually whenever the total of all
financial transactions relating to an election for each candidate or
political committee exceeds $500;
(2) Of all financial transactions which have taken place
before the fifteenth tenth day preceding each primary or other
election and subsequent to the previous statement, if any, to be filed within
four business days after the fifteenth tenth day;
(3) Of all financial transactions which have taken place before the thirteenth day after each primary or other election and subsequent to the previous statement, if any, to be filed within twenty business days after the thirteenth day; and
(4) Of all financial transactions, whenever the total exceeds $500 or whenever any loans are outstanding, which have taken place before the forty-third day preceding the general election day, to be filed within four business days after the forty-third day.
(c) Every person who announces as a write-in candidate for any elective office and his or her financial agent or election organization of any kind shall comply with all of the requirements of this section after public announcement of the person?s candidacy has been made.
(d) For purposes of this section, the term ?financial
transactions? includes all political contributions or loans received and
all repayments of loans or expenditures made to promote the candidacy of any
person by any candidate or any organization advocating or opposing the
nomination, election or defeat of any candidate to be voted on political
committee.
(e) Candidates for the office of conservation district
supervisor elected pursuant to the provisions of article twenty-one-a, chapter
nineteen of this code are required to file only the reports required by
subdivisions (2) and (3), subsection (b) of this section immediately prior to
and after the primary election. Provided, That during the
election in the year 2008, the statements required by this subsection shall be
filed immediately prior to and after the general election.
?3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of this article, other than a disclosure of electioneering communications pursuant to section two-b of this article, shall contain only the following information:
(1) The name, residence and mailing address and telephone number of each candidate, financial agent, treasurer or person and the name, address and telephone number of each association, organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand at the beginning and the end of the period covered by the financial statement.
(3) The name of any person making a political contribution and the amount of the contribution. If the total contributions of any one person in any one election cycle amount to more than $250, the residence and mailing address of the contributor and, if the contributor is an individual, his or her major business affiliation and occupation shall also be reported. A contribution totaling more than $50 of currency of the United States or currency of any foreign country by any one contributor is prohibited and a violation of section five-d of this article. The statement on which contributions are required to be reported by this subdivision may not distinguish between contributions made by individuals and contributions made by partnerships, firms, associations, committees, organizations or groups.
(4) The total amount of political contributions received during the period covered by the financial statement.
(5) The name, residence and mailing address of any individual or the name and mailing address of each lending institution making a loan or of the spouse cosigning a loan, as appropriate, the amount of any loan received, the date and terms of the loan, including the interest and repayment schedule, and a copy of the loan agreement.
(6) The name, residence and mailing address of any individual or the name and mailing address of each partnership, firm, association, committee, organization or group having previously made or cosigned a loan for which payment is made or a balance is outstanding at the end of the period, together with the amount of repayment on the loan made during the period and the balance at the end of the period.
(7) The total outstanding balance of all loans at the end of the period.
(8) The name, residence and mailing address of any person to whom each expenditure was made or liability incurred, including expenditures made on behalf of a candidate or political committee that otherwise are not made directly by the candidate or political committee, together with the amount and purpose of each expenditure or liability incurred and the date of each transaction.
(9) The total expenditure for the nomination, election or defeat of a candidate or any person supporting, aiding or opposing the nomination, election or defeat of any candidate in whose behalf an expenditure was made or a contribution was given for the primary or other election.
(10) The total amount of expenditures made during the period covered by the financial statement.
(b) Any unexpended balance at the time of making the financial statements herein provided for shall be properly accounted for in that financial statement and shall appear as a beginning balance in the next financial statement.
(c) Each financial statement required by this section shall contain a separate section setting forth the following information for each fundraising event held during the period covered by the financial statement:
(1) The type of event, date held and address and name, if any, of the place where the event was held.
(2) All of the information required by subdivision (3), subsection (a) of this section.
(3) The total of all moneys received at the fundraising event.
(4) The expenditures incident to the fundraising event.
(5) The net receipts of the fundraising event.
(d) When any lump sum payment is made to any advertising agency or other disbursing person who does not file a report of detailed accounts and verified financial statements as required in this section, such lump sum expenditures shall be accounted for in the same manner as provided for herein.
(e) Any political contribution or political expenditure made, pursuant to section ten of this article, by or on behalf of a candidate for public office to any other candidate or committee for a candidate for any public office in the same election shall be accounted for in accordance with the provisions of this section.
(f) No person may make any political contribution except from his, her or its own funds, unless such person discloses in writing to the person required to report under this section the name, residence, mailing address, major business affiliation and occupation of the person which furnished the funds to the contributor. All such disclosures shall be included in the statement required by this section.
(g) Any firm, association, committee or fund permitted by section eight of this article to be a political committee shall disclose on the financial statement its corporate or other affiliation.
(h) No political contribution may be made, directly or indirectly, in a fictitious name, anonymously or by one person through an agent, relative or other person so as to conceal the identity of the source of the contribution or in any other manner so as to effect concealment of the contributor?s identity.
(i) No person may accept any political contribution
for the purpose of influencing the nomination, election or defeat of a any
candidate or for the passage or defeat of any ballot issue unless the
identity of the donor and the amount of the contribution is known and reported.
(j) When any person receives an anonymous contribution which cannot be returned because the donor cannot be identified, that contribution shall be donated to the General Revenue Fund of the state. Any anonymous contribution shall be recorded as such on the candidate?s financial statement, but may not be expended for election expenses. At the time of filing, the financial statement shall include a statement of distribution of anonymous contributions, which total amount shall equal the total of all anonymous contributions received during the period.
(k) Any membership organization which raises funds for political purposes by payroll deduction, assessing them as part of its membership dues or as a separate assessment, may report the amount raised as follows:
(1) If the portion of dues or assessments designated for political purposes equals $25 or less per member over the course of a calendar year, the total amount raised for political purposes through membership dues or assessments during the period is reported by showing the amount required to be paid by each member and the number of members.
(2) If the total payroll deduction for political purposes of each participating member equals $25 or less over the course of a calendar or fiscal year, as specified by the organization, the organization shall report the total amount received for political purposes through payroll deductions during the reporting period and, to the maximum extent possible, the amount of each yearly payroll deduction contribution level and the number of members contributing at each such specified level. The membership organization shall maintain records of the name and yearly payroll deduction amounts of each participating member.
(3) If any member contributes to the membership organization through individual voluntary contributions by means other than payroll deduction, membership dues or assessments as provided in this subsection, the reporting requirements of subdivision (3), subsection (a) of this section shall apply. Funds raised for political purposes must be segregated from the funds for other purposes and listed in its report.
(l) Notwithstanding the provisions of section five of this article or of the provisions of this section to the contrary, an alternative reporting procedure may be followed by a political party committee in filing financial reports for fundraising events if the total profit does not exceed $5,000 per year. A political party committee may report gross receipts for the sale of food, beverages, services, novelty items, raffle tickets or memorabilia, except that any receipt of more than $50 from an individual or organization shall be reported as a contribution. A political party committee using this alternative method of reporting shall report:
(i) (1) The name of the committee;
(ii) (2) The type of fund-raising activity
undertaken;
(iii) (3) The location where the activity
occurred;
(iv) (4) The date of the fundraiser;
(v) (5) The name of any individual who
contributed more than $50 worth of items to be sold;
(vi) (6) The name and amount received from
any person or organization purchasing more than $50 worth of food, beverages,
services, novelty items, raffle tickets or memorabilia;
(vii) (7) The gross receipts of the
fundraiser; and
(viii) (8) The date, amount, purpose and
name and address of each person or organization from whom items with a fair
market value of more than $50 were purchased for resale.
?3-8-5b. Where financial statements shall be filed; filing date prescribed.
(a) The financial statements provided for in this article shall be
filed, by or on behalf of candidates, with:
(1) The Secretary of
State for legislative offices, circuit judge and family court judge, and for
statewide and other offices to be nominated or elected by the voters of a
political division greater than a county;
(2) The clerk of the county commission by candidates for offices to be
nominated or elected by the voters of a single county or a political division
within a single county except circuit judge and family court judge; or
(3) The proper municipal officer by candidates for office to be
nominated or elected to municipal office.
(b) The statements may be filed by mail, in person, or by facsimile or
other electronic means of transmission: Provided,
That the financial statements filed by or on behalf of candidates for Governor,
Secretary of State, Attorney General, Auditor, Treasurer, Commissioner of
Agriculture and Supreme Court of Appeals shall be filed electronically by the
means of an Internet program that has been established by the Secretary of
State on forms or in a format prescribed by the Secretary of State: Provided, however, That after January 1,
2018, unless a committee has been granted an exemption in case of hardship
pursuant to subsection (c) of this section, all such statements required to be
filed with the Secretary of State, on or behalf of a candidate for any elective
office, shall be filed electronically by means of the internet program that has
been established by the Secretary of State. If through or by no fault of the
candidate, the candidate is unable to file the campaign financial statement,
the candidate shall then file said statement in person, via facsimile or other
electronic means of transmission, or by certified mail postmarked at the first
reasonable opportunity.
(c) Committees required to report electronically may apply to the State
Election Commission for an exemption from mandatory electronic filing in the
case of hardship. An exemption may be granted at the discretion of the State
Election Commission.
(d) For purposes of this article, the filing date of a financial
statement shall, in the case of mailing, be the date of the postmark of the
United States Postal Service, and in the case of hand delivery or delivery by
facsimile or other electronic means of transmission, the date delivered to the
office of the Secretary of State or to the office of the clerk of the county
commission, in accordance with the provisions of subsection (a) of this
section, during regular business hours of that office.
(e) The sworn financial statements required to be filed by this section
with the Secretary of State shall be posted on the internet by the Secretary of
State within ten business days from the date the financial statement is filed.
(a) The financial statements provided for in this
article shall be filed, by or on behalf of candidates, with:
(1) The Secretary of State for legislative offices,
circuit judge, family court judge, and for statewide and other offices to be
nominated or elected by the voters of a political division greater than a
county;
(2) The clerk of the county commission by candidates
for offices to be nominated or elected by the voters of a single county or a
political division within a single county, except for legislative offices,
circuit judge and family court judge; or
(3) The proper municipal officer by candidates for
office to be nominated or elected to municipal office.
(b) Financial statements filed by or on behalf of
candidates for Governor, Secretary of State, Attorney General, Auditor,
Treasurer, Commissioner of Agriculture, State Senate, House of Delegates,
Supreme Court of Appeals, circuit judge and family court judge shall be filed
electronically by the means of an Internet program to be established by the
Secretary of State. Candidates for House of Delegates, State Senate, circuit
judge and family court judge may file financial statements in person, or by
facsimile or other electronic means of submission until the total amount of
contributions received by the candidate exceeds $10,000 for the election cycle.
The Secretary of State shall charge a $25 processing fee for any financial
statements that are not filed electronically.
(c) Committees required to report electronically may
apply to the state Election Commission for an exemption from mandatory
electronic filing in the case of hardship. An exemption may be granted at the
discretion of the State Election Commission.
(d) Candidates for all other offices than those
identified in subsection (b) of this section may file statements by mail, in
person or by facsimile or other electronic means of transmission. For purposes
of this article, the filing date of a financial statement shall, in the case of
mailing, be the date of the postmark of the United States Postal Service, and
in the case of hand delivery or delivery by facsimile or other electronic means
of transmission, the date delivered to the office of the Secretary of State or
to the office of the clerk of the county commission, in accordance with the
provisions of subsection (a) of this section, during regular business hours of
such office.
(e) The sworn financial statements required to be filed
by this section with the Secretary of State shall be posted on the Internet by
the Secretary of State within ten business days from the date the financial
statement was filed.
(f) The Secretary of State shall maintain an online
searchable database accessible to the public on the Secretary of State?s
website. The database shall include the ability to search contribution and
expenditure data submitted by candidates and political action committees. Information
capable of search shall include, but not be limited to, a contributor?s first
name, last name, city, state, occupation, employer, contribution amount, date,
expenditure payee, payer, city state, purpose and amount.
?3-8-5c. Contribution limitations to candidate
committees; indexing of candidate?s committee thresholds; prohibition against
contributions by foreign nationals.
(a) Except as provided in section eight of this
article, a person, political party or political action committee may not:
(1) Contribute more than $2,700, as adjusted pursuant
to subsection (c) of this section, directly to a candidate?s committee for a
candidate seeking nomination; or
(2) Contribute more than $2,700, as adjusted pursuant
to subsection (c) of this section, directly to a candidate?s committee for a
candidate seeking election: Provided, That no candidate may receive
contributions for the general election until he or she has been nominated.
(b) The contribution limits contained in subsection (a)
of this section apply only to elections to be held after the effective date of
this section, and do not apply to candidate committees that were created for
elections held prior to the effective date of this section.
(c) Notwithstanding the provisions of subsection (a) of
this section to the contrary, an individual may not, directly or indirectly,
make contributions to a state party executive committee, or subsidiary thereof,
or state party legislative caucus committee which, in the aggregate, exceed the
value of $10,000 in any calendar year: Provided, That a person may not
earmark or otherwise designate any portion of a contribution made pursuant to
this section to be used to support or oppose the election of a particular
candidate: Provided, however, That any such designation or earmark that
accompanies a contribution made pursuant to this subsection shall not be
binding on the entity that receives the contribution.
(d) On the last day of every calendar year in which an
election for House of Delegates is held, the Secretary of State shall adjust
the dollar values for the fixed dollar amounts for limitations on contributions
under this chapter by comparing the percentage increase or decrease in the
consumer price index by the corresponding consumer price index since the same
date after the last such regular election year, as determined by the most
comprehensive index of consumer prices available for West Virginia from the
Bureau of Labor Statistics of the United States Department of Labor. The
Secretary of State shall multiply these thresholds by that percentage change in
the consumer price index, and shall round up each dollar value adjustment made to
the nearest $100. The State Election Commission shall announce the adjustments
made under this subsection within thirty days after the relevant index of
consumer prices is published.
(e) Prohibition against contributions by foreign
nationals. ?
(1) It shall be unlawful for:
(A) A foreign national, directly or indirectly, to
make:
(i) A contribution or donation of money or other thing
of value, or to make an express or implied promise to make a contribution or
donation, in connection with a state or local election;
(ii) A contribution or donation to a committee of a
political party; or
(iii) A political expenditure, independent expenditure
or disbursement for an electioneering communication, as those terms are defined
in this article; or
(B) A person to solicit, accept or receive a
contribution or donation described in subparagraph (i) or (ii), paragraph (A)
of this subdivision.
(2) As used in this section, the term ?foreign national?
means:
(A) A foreign principal, as such term is defined in 22
U. S. C. ? 611(b), which includes:
(i) A government of a foreign country;
(ii) A foreign political party;
(iii) A person outside of the United States, unless it
is established that such person:
(I) Is an individual and a citizen of the United
States; or
(II) That such person is not an individual and is
organized under or created by the laws of the United States or of any state or
other place subject to the jurisdiction of the United States and has its
principal place of business within the United States; and
(iv) A partnership, association, corporation,
organization or other combination of persons organized under the laws of or
having its principal place of business in a foreign country; and
(B) An individual who is not a citizen of the United
States or a national of the United States, as defined in 8 U. S. C.
?1101(a)(22), and who is not lawfully admitted for permanent residence, as
defined by 8 U. S. C. ?1101(a)(20).
?3-8-7. Failure to file statement; delinquent or incomplete filing; criminal and civil penalties.
(a) Any person, candidate, financial agent
or treasurer of a political party committee who fails to file a sworn, itemized
statement required by this article within the time limitations specified in
this article or who willfully files a grossly incomplete or grossly inaccurate
statement shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined not less than $500, or confined in jail for not more than one year, or
both, fined and confined. Sixty days after any primary or other election, the
Secretary of State, county clerk or municipal recorder, as the case may be,
shall give notice of any failure to file a sworn statement or the filing of any
grossly incomplete or grossly inaccurate statement by any person, candidate,
financial agent or treasurer of a political party committee and forward copies
of any grossly incomplete or grossly inaccurate statement to the prosecuting
attorney of the county where the person, candidate, financial agent, or
treasurer resides, is located or has its principal place of business.
(b) (1) Any person, candidate, financial agent
or treasurer of a political party committee who fails to file a sworn,
itemized statement as required in this article or who files a grossly
incomplete or grossly inaccurate statement may shall be assessed
a civil penalty by the Secretary of State of $25 $10 a day for
each day after the due date the statement is delinquent, grossly incomplete or
grossly inaccurate. Sixty days after any primary or other election, the county
clerk shall give notice to the Secretary of State of any failure to file a
sworn statement or the filing of any grossly incomplete or grossly inaccurate
statement by any person, candidate, financial agent or treasurer of a political
party committee and forward copies of such delinquent, incomplete or
inaccurate statements to the Secretary of State.
(2) A civil penalty assessed pursuant to this section shall be payable to the state of West Virginia and is collectable as authorized by law for the collection of debts.
(3) The Secretary of State may negotiate and enter into settlement agreements for the payment of civil penalties assessed as a result of the filing of a delinquent, grossly incomplete or inaccurate statement.
(4) The Secretary of State shall publish online a list of all late filing violators for each deadline in an election cycle. This list shall be maintained and be publicly available online to include late activity for the previous five years to the current year.
(4) (5) The Secretary of State and county
clerk may review and audit any sworn statement required to be filed pursuant to
this article. The State Election Commission shall propose legislative rules for
promulgation, in accordance with chapter twenty-nine-a of this code, to
establish procedures for the assessment of civil penalties as provided in this
section.
(c) (1) Any candidate, whether nominated by primary
election or appointed by executive committee or executive committee chair, who
has failed to file any sworn statement as required by this article, relating to
the immediately preceding primary election for any office by the eighty-fourth
day before the general election, is disqualified and may not have his or her
name appear on the general election ballot. The provisions of subsection (d),
section five-b of this article notwithstanding, any sworn statement filed after
the deadline required by section five of this article must be received in the
office indicated by subsection (a), section five-b of this article by the close
of business on the eighty-fourth day before the general election.
(2) It is unlawful to issue a commission or certificate of election, or to administer the oath of office, to any person elected to any public office who has failed to file any sworn statement required by this article and no person may enter upon the duties of his or her office until he or she has filed such statement, nor may he or she receive any salary or emolument for any period prior to the filing of the statement.
(3) The vacancy on the ballot created by the disqualification in this subsection is subject to section nineteen, article five, chapter three of this code.
(d) As used in this section, ?grossly? means substantive and material, and specifically includes false or misleading representations and acts of omissions.
(e) The Secretary of State shall provide by rule protocols for written notice via certified mail, return receipt requested, to the person, candidate, financial agent or treasurer of a political party committee that is not in compliance with the requirements of this section. With respect to a violation of subsection (c) of this section, the notice shall be provided sixty days after any primary or other election.
?3-8-8. Corporation and membership organization contributions forbidden; exceptions; penalties; promulgation of rules; additional powers of State Election Commission.
(a) An officer, agent or person acting on behalf of any membership organization or any corporation, whether incorporated under the laws of this or any other state or of a foreign country, may not pay, give, lend or authorize to be paid any money or other thing of value belonging to the corporation to any candidate or candidate?s campaign for nomination or election to any statewide office or any other elective office in the state or any of its subdivisions.
(b) A person may not solicit or receive any payment, contribution or other thing from any membership organization or corporation or from any officer, agent or other person acting on behalf of the membership organization or corporation to any candidate or candidate?s campaign for nomination or election to any statewide office or any other elective office in the state or any of its subdivisions.
(c) (1) The provisions of this section do not prohibit a membership organization or corporation from soliciting, through any officer, agent or person acting on behalf of the membership organization or corporation, contributions to a separate segregated fund to be used for political purposes. Any separate segregated fund is considered a political action committee for the purpose of this article and is subject to all reporting requirements applicable to political action committees;
(2) It is unlawful for:
(A) A membership organization, corporation or separate segregated fund to make a primary or other election contribution or expenditure by using money or anything of value secured: (i) By physical force, job discrimination or financial reprisal; (ii) by the threat of force, job discrimination or financial reprisal; or (iii) as a condition of employment;
(B) Any person soliciting a membership organization member, stockholder or executive or administrative personnel and members of their families for a contribution to a membership organization, corporation or separate segregated fund to fail to inform the person solicited of the political purposes of the separate segregated fund at the time of the solicitation;
(C) Any person soliciting any other person for a contribution to a membership organization, corporation or separate segregated fund to fail to inform the person solicited at the time of the solicitation of his or her right to refuse to contribute without any reprisal;
(D) A separate segregated fund established by a membership
organization or corporation: (i) To solicit contributions to the fund from
any person other than the membership organization?s members or the
corporation?s stockholders, and their families and its their
executive or administrative personnel and their families; or (ii) to contribute
any membership organization or corporate funds;
(E) A separate segregated fund established by a membership
organization or corporation to receive contributions to the fund from any
person other than the membership organization?s members or corporation?s
stockholders, and their immediate families and its their
executive or administrative personnel and their immediate families;
(F) A membership organization or corporation to engage in job discrimination or to discriminate in job promotion or transfer because of a member?s or an employee?s failure to make a contribution to the membership organization or corporation or a separate segregated fund;
(G) A separate segregated fund to make any contribution,
directly or indirectly, in excess of $1,000 the amounts permitted in
section five-c of this article in connection with or on behalf of any
campaign for nomination or election to any elective office in the state or any
of its subdivisions, or in connection with or on behalf of any committee or
other organization or person engaged in furthering, advancing, supporting or
aiding the nomination or election of any candidate for any such office;
(H) A membership organization or corporation to pay, give or lend or to authorize payment, giving or lending of any moneys or other things of value belonging to the membership organization or corporation to a separate segregated fund for the purpose of making a contribution to a candidate or a candidate?s committee. This provision does not prohibit a separate segregated fund from using the property, real or personal, facilities and equipment of a membership organization or corporation solely to establish, administer and solicit contributions to the fund, subject to the rules of the State Election Commission as provided in subsection (d) of this section: Provided, That any such membership organization or corporation shall also permit any group of its employees represented by a bona fide political action committee to use the real property of the membership organization or corporation solely to establish, administer and solicit contributions to the fund of the political action committee, subject to the rules of the State Election Commission promulgated in accordance with said subsection.
(3) For the purposes of this section, the term ?executive or administrative personnel? means individuals employed by a membership organization or corporation who are paid on a salary rather than hourly basis and who have policy-making, managerial, professional or supervisory responsibilities.
(d) Any person, membership organization or corporation violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000. A membership organization or corporation may not reimburse any person the amount of any fine imposed pursuant to this section.
(e) To ensure uniform administration and application of the provisions of this section and of those of the Federal Election Campaign Act Amendments of 1976 relating to membership organization and corporate contributions, the State Election Commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section consistent, insofar as practicable, with the rules and regulations promulgated by the Federal Election Commission to carry out similar or identical provisions of 2 U. S. C. ?441b.
(f) In addition to the powers and duties set forth in article one-a of this chapter, the State Election Commission has the following powers and duties:
(1) To investigate, upon complaint or on its own initiative, any alleged violations or irregularities of this article.
(2) To administer oaths and affirmations, issue subpoenas for the attendance of witnesses, issue subpoenas duces tecum to compel the production of books, papers, records and all other evidence necessary to any investigation.
(3) To involve the aid of any circuit court in the execution of its subpoena power.
(4) To report any alleged violations of this article to the appropriate prosecuting attorney having jurisdiction, which prosecuting attorney shall present to the grand jury such alleged violations, together with all evidence relating thereto, no later than the next term of court after receiving the report.
(g) The Attorney General shall, when requested, provide legal and investigative assistance to the State Election Commission.
(h) Any investigation, either upon complaint or initiative, shall be conducted in an executive session of the State Election Commission and shall remain undisclosed except upon an indictment by a grand jury.
(i) Any person who discloses the fact of any complaint, investigation or report or any part thereof, or any proceedings thereon, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and shall be confined in jail not less than six months nor more than one year.
(j) The amendments to this section enacted during the
second extraordinary session of 2008 are intended to conform to the existing
proscription to constitutionally permissible limits and not to create a new
offense or offenses.
(k) The effective date of the amendments to this
section enacted during the second extraordinary legislative session of 2008 is
October 1, 2008.
?3-8-8a. Disclosure requirements for covered
organizations.
(a) Disclosure statement. ?
(1) Any covered organization that makes political
disbursements aggregating more than $1,000 in a calendar year shall, not later
than forty-eight hours after the $1,000 threshold is met, file a statement with
the Secretary of State that contains the information described in subdivision
(2) of this subsection. Subsequent reports shall be filed within forty-eight
hours of each additional campaign-related political expenditure aggregating
more than $1,000:
(A) In the case of the first statement filed under this
subsection, for the period beginning on the first day of the preceding calendar
year and ending on the first such disclosure date; and
(B) In the case of any subsequent statement filed under
this subsection, for the period beginning on the previous disclosure date and
ending on such disclosure date.
(2) The information to be included in the statement
required by this subsection is as follows:
(A) The name of the covered organization and the
principal place of business of that organization.
(B) The amount of each campaign-related disbursement
made by that organization during the period covered by the statement of more
than $1,000.
(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the campaign-related
disbursement pertains and, if the disbursement is made for a public
communication, the name of any candidate identified in that communication and
whether that communication is in support of or in opposition to that candidate.
(D) A certification by the chief executive officer or
the head of the covered organization that the campaign-related disbursement is
not made in cooperation, consultation or concert with or at the request or
suggestion of a candidate, authorized committee or agent of a candidate,
political party, or agent of a political party.
(E) If the covered organization makes campaign-related
disbursements exclusively using funds in a segregated bank account consisting
of funds that were contributed, donated, transferred or paid directly to that
account by persons other than the covered organization that controls the
account, for each contribution, donation, transfer, payment of dues or other
payment to the account:
(i) The name and address of each person who made that
contribution, donation, transfer, payment of dues or other payment during the
period covered by the statement: Provided, That if an individual?s contribution
is $250 or less, then the individual?s name alone should be reported;
(ii) The date and amount of that contribution,
donation, transfer, payment of dues or other payment; and
(iii) The aggregate amount of all those contributions,
donations, transfers, payments of dues and other payments made by the person
during the period beginning on the first day of the preceding calendar year and
ending on the disclosure date.
(F) Subject to subdivision (4) of this subsection, if
the covered organization makes campaign-related disbursements using funds other
than funds in a segregated bank account described in paragraph (E) of this
subdivision, for each contribution, donation, transfer or payment of dues to
the covered organization:
(i) The name and address of each person who made that
contribution, donation, transfer or payment of dues during the period covered
by the statement: Provided, That if an individual?s contribution is $250 or
less, then the individual?s name alone should be reported;
(ii) The date and amount of that contribution,
donation, transfer or payment of dues; and
(iii) The aggregate amount of all those contributions,
donations, transfers and payments of dues made by the person during the period
beginning on the first day of the preceding calendar year and ending on the
disclosure date.
(3) Exceptions. ?
(A) The requirement to include in a statement filed
under subdivision (1) of this subsection the information described in
subdivision (1) of this subsection does not apply to amounts received by the
covered organization in the ordinary course of any trade or business conducted
by the covered organization or in the form of investments in the covered
organization.
(B) Donor restriction on use of funds. ? The
requirement to include in a statement submitted under subdivision (1) of this
subsection the information described in paragraph (F), subdivision (2) of this
subsection does not apply if:
(i) The person described in that subdivision
prohibited, in writing, the use of the contribution, donation, transfer,
payment of dues or other payment made by that person for campaign-related
disbursements; and
(ii) The covered organization agreed to follow the
prohibition and deposited the contribution, donation, transfer, payment of dues
or other payment in an account which is segregated from any account used to
make campaign-related disbursements.
(4) Disclosure date. ?
(A) Except as provided in paragraph (B) of this
subdivision, the term ?disclosure date? means:
(i) The first date during any calendar year by which a
person has made campaign-related disbursements aggregating more than $1,000;
and
(ii) Each date following the date described in
subparagraph (i) of this paragraph during that calendar year by which a person
has made campaign-related disbursements aggregating more than $1,000.
(B) In the case of a statement filed with respect to a
campaign-related disbursement which is a covered transfer described in
paragraph (E), subdivision (1), subsection (f) of this section, the term ?disclosure
date? means the date on which the covered organization making that transfer
knew or should have known that the recipient of that transfer made
campaign-related disbursements in an aggregate amount of $50,000 or more during
the two-year period beginning on the date of the transfer.
(b) Coordination with other provisions. ? A segregated
bank account referred to in paragraph (E), subdivision (2), subsection (a) of
this section may be treated as a separate segregated fund for purposes of
section 527(f)(3) of the Internal Revenue Code of 1986.
(c) Filing. ? Statements required to be filed under
subsection (a) of this section shall be subject to the requirements of
subsection (h), section two of this article to the same extent and in the same
manner as if those reports had been required under said section.
(d) Campaign-related disbursement defined. ? As used in
this section, the term ?campaign-related disbursement? means a disbursement by
a covered organization for any of the following:
(1) An independent expenditure consisting of a public
communication, as defined in section two of this article;
(2) An electioneering communication, as defined in
section two of this article; or
(3) A covered transfer.
(e) Covered organization defined. ? In this section,
the term ?covered organization? means any of the following:
(1) A membership organization, corporation and any
other legal entity, including, but not limited to, a limited liability company,
limited liability partnership, cooperative, estate, trust, partnership or other
legal entity authorized to exist by the laws of this state, another state or
the federal government;
(2) An organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of
that code;
(3) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee under this
article, except as provided in subdivision (4) of this subsection; or
(4) A political committee with an account established
for the purpose of accepting donations or contributions that do not comply with
the contribution limits or source prohibitions under this article, but only
with respect to the accounts established for that purpose.
(f) Covered transfer defined. ?
(1) General. ? In this section, the term ?covered
transfer? means any transfer or payment of funds by a covered organization to
another person if the covered organization:
(A) Designates, requests or suggests that the amounts
be used for:
(i) Campaign-related disbursements other than covered
transfers; or
(ii) Making a transfer to another person for the
purpose of making or paying for that campaign-related disbursements;
(B) Made that transfer or payment in response to a
solicitation or other request for a donation or payment for:
(i) The making of or paying for campaign-related
disbursements other than covered transfers; or
(ii) Making a transfer to another person for the
purpose of making or paying for those campaign-related disbursements;
(C) Engaged in discussions with the recipient of the
transfer or payment regarding:
(i) The making of or paying for campaign-related
disbursements other than covered transfers; or
(ii) Donating or transferring any amount of that
transfer or payment to another person for the purpose of making or paying for
those campaign-related disbursements;
(D) Made campaign-related disbursements other than a
covered transfer in an aggregate amount of $50,000 or more during the two- year
period ending on the date of the transfer or payment, or knew or had reason to
know that the person receiving the transfer or payment made those disbursements
in that an aggregate amount during that two-year period; or
(E) Knew or had reason to know that the person
receiving the transfer or payment would make campaign-related disbursements in
an aggregate amount of $50,000 or more during the two-year period beginning on
the date of the transfer or payment.
(2) The term ?covered transfer? does not include any of
the following:
(A) A disbursement made by a covered organization in
the ordinary course of any trade or business conducted by the covered
organization or in the form of investments made by the covered organization.
(B) A disbursement made by a covered organization if:
(i) The covered organization prohibited, in writing,
the use of that disbursement for campaign-related disbursements; and
(ii) The recipient of the disbursement agreed to follow
the prohibition and deposited the disbursement in an account which is
segregated from any account used to make campaign-related disbursements.
(3) Exception for certain transfers among affiliates. ?
(A) The term ?covered transfer? does not include an
amount transferred by one covered organization to another covered organization
which is treated as a transfer between affiliates under paragraph (B) of this
subdivision if the aggregate amount transferred during the year by that covered
organization to that same covered organization is equal to or less than
$50,000.
(B) A transfer of amounts from one covered organization
to another covered organization shall be treated as a transfer between
affiliates if:
(i) One of the organizations is an affiliate of the
other organization; or
(ii) Each of the organizations is an affiliate of the
same organization; except that the transfer shall not be treated as a transfer
between affiliates if one of the organizations is established for the purpose
of making campaign-related disbursements.
(C) For purposes of paragraph (B) of this subdivision,
a covered organization is an affiliate of another covered organization if:
(i) The governing instrument of the organization
requires it to be bound by decisions of the other organization;
(ii) The governing board of the organization includes
persons who are specifically designated representatives of the other
organization or are members of the governing board, officers or paid executive
staff members of the other organization, or whose service on the governing
board is contingent upon the approval of the other organization; or
(iii) The organization is chartered by the other
organization.
(D) This subdivision applies with respect to an amount
transferred by a covered organization to an organization described in paragraph
(3), section 501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of that code in the same manner as this paragraph applies
to an amount transferred by a covered organization to another covered
organization.
(g) Any person who makes a contribution for the purpose
of funding an independent expenditure under this section shall, at the time the
contribution is made, provide his or her name, address, occupation, his or her
current employer, if any, or, if the individual is self-employed, the name of
his or her business, if any, to the recipient of the contribution.
(h) The Secretary of State shall expeditiously prepare
indices setting forth, on a candidate-by-candidate basis, all independent
expenditures separately, made by, or on behalf of, or for, or against each
candidate, as reported under this subsection, and periodically publish such
indices on a timely preelection basis.
(i) Any person who willfully fails to comply with this
section is guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than $500, or confined in jail for not more than one year, or both
fined and confined.
(j) (1) Any person who is required to file a statement
under this section may file the statement by facsimile device or electronic
mail, in accordance with such rules as the Secretary of State may promulgate.
(k) The Secretary of State shall make any document
filed electronically pursuant to this subsection accessible to the public on
the Internet not later than twenty-four hours after the document is received by
the secretary.
(l) The Secretary of State may promulgate emergency and
legislative rules, in accordance with the provisions of chapter twenty-nine-a
of this code, to establish guidelines for the administration of this section. In
promulgating a rule under this subsection, the secretary shall provide methods,
other than requiring a signature on the document being filed, for verifying the
documents covered by the rule. Any document verified under any of the methods
shall be treated for all purposes, including penalties for perjury, in the same
manner as a document verified by signature.
?3-8-9. Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements; delegation of expenditures.
(a) No financial agent or treasurer of a political committee shall pay, give or lend, either directly or indirectly, any money or other thing of value for any election expenses, except for the following purposes:
(1) For rent, maintenance, office equipment and other
furnishing of offices to be used as political headquarters and for the payment
of necessary clerks, stenographers, typists, janitors and messengers employees
actually employed therein;
(2) In the case of a candidate who does not maintain a
headquarters, for reasonable office expenses, including, but not limited to,
filing cabinets and other office equipment and furnishings, computers, computer
hardware and software, scanners, typewriters, calculators, audio visual
equipment, the rental of the use of the same, or for the payment for the shared
use of same with the candidate?s business and for the payment of necessary clerks,
stenographers and typists employees actually employed;
(3) For printing and distributing books, pamphlets,
circulars and other printed matter and radio and television broadcasting and
painting, printing and posting signs, banners and other advertisements,
including contributions to charitable, educational or cultural events, for the
promotion of the candidate, or the candidate?s name or an issue on
the ballot;
(4) For renting and decorating halls for public meetings and political conventions, for advertising public meetings and for the payment of traveling expenses of speakers and musicians at such meetings;
(5) For the necessary traveling and hotel expenses of candidates, political agents and committees and for stationery, postage, telegrams, telephone, express, freight and public messenger service;
(6) For preparing, circulating and filing petitions for nomination of candidates;
(7) For examining the lists of registered voters, securing copies thereof, investigating the right to vote of the persons listed therein and conducting proceedings to prevent unlawful registration or voting;
(8) For conveying voters to and from the polls;
(9) For securing publication in newspapers and by radio and television broadcasting of documents, articles, speeches, arguments and any information relating to any political issue, candidate or question or proposition submitted to a vote;
(10) For conducting public opinion poll or polls. For the purpose of this section, the phrase ?conducting of public opinion poll or polls? shall mean and be limited to the gathering, collection, collation and evaluation of information reflecting public opinion, needs and preferences as to any candidate, group of candidates, party, issue or issues. No such poll shall be deceptively designed or intentionally conducted in a manner calculated to advocate the election or defeat of any candidate or group of candidates or calculated to influence any person or persons so polled to vote for or against any candidate, group of candidates, proposition or other matter to be voted on by the public at any election: Provided, That nothing herein shall prevent the use of the results of any such poll or polls to further, promote or enhance the election of any candidate or group of candidates or the approval or defeat of any proposition or other matter to be voted on by the public at any election;
(11) For payment for food and drink for
campaign-related purposes and for entertaining of campaign volunteers;
(12) For payment for legal and accounting services rendered to a candidate or candidate committee if the services are solely related to the candidacy or campaign;
(13) For the payment of any fees associated with the campaign, except that a candidate may not pay any fines assessed against the candidate or the candidate?s committee pursuant to this article;
(11) (14) For legitimate advertising agency
services, including commissions, in connection with any campaign activity for
which payment is authorized by subdivisions (3), (4), (5), (6), (7), (9) and
(10) of this subsection;
(12) (15) For the purchase of memorials,
flowers or citations by political party executive committees or political
action committees representing a political party;
(13) (16) For the purchase of nominal
noncash expressions of appreciation following the close of the polls of an
election or within thirty days thereafter;
(14) (17) For the payment of dues or
subscriptions to any national, state or local committee of any political party without
limitation;
(18) For transfers to any national, state or local committee of any political party when that committee is acting in the role of a vendor: Provided, That no such transfer shall involve any coordination between the candidate and the political party committee;
(15) (19) For contributions to a county
party executive committee, state party executive committee or a state party
legislative caucus political committee;
(20) For any political expenditure; and
(16) (21) For contributions to a candidate
committee: Provided, That a candidate committee may not contribute to
another candidate committee except as otherwise provided by section ten of this
article.
(b) A political action committee may not contribute to another political action committee or receive contributions from another political action committee: Provided, That a political action committee may receive contributions from its national affiliate, if any.
(c) Every liability incurred and payment made shall be for the fair market value of the services rendered.
(d) Every advertising agency subject to the provisions of this article shall file, in the manner and form required by section five-a of this article, the financial statements required by section five of this article at the times required therein and include therein, in itemized detail, all receipts from and expenditures made on behalf of a candidate, financial agent or treasurer of a political party committee.
(e) Any candidate may designate a financial agent by a
writing duly subscribed by him the candidate which shall be in
such form and filed in accordance with the provisions of section four of this
article.
?3-8-9a. Expenditures by political party committees,
political party caucuses and state candidates.
(a) Notwithstanding any other provision of law with
respect to limitations on expenditures or limitations on contributions, the
state committee of a political party and political party caucus may make expenditures
in an amount not to exceed $20,000 in connection with the general election
campaign of candidates for Governor, Attorney General, Auditor, Commissioner of
Agriculture, Secretary of State, Treasurer, State Senate and House of
Delegates.
(b) For purposes of this section, all communications
that are made in coordination with a candidate or candidate?s committee must
include a statement clearly identifying that the communications were made in
coordination with the candidate or candidate?s committee.
?3-8-10. Use of excess campaign contributions.
(a) Notwithstanding any provision of this code to the contrary, amounts received by a candidate as contributions that are in excess of any amount necessary to defray his or her expenditures may be:
(1) Used by the candidate to defray any usual and customary expenses incurred in connection with his or her duties as a holder of public office; and
(2) Contributed by the candidate, after the general election, to:
(A) Any charitable organization or subsequent campaign by the same candidate, without limitation;
(B) Any national committee in accordance with federal requirements;
(C) Any state party executive committee or state party
legislative caucus committee in an amount not to exceed $15,000 $20,000
in a calendar year; or
(D) Any local committee of any political party in an amount not to exceed $20,000; or
(E) Any other candidate for public office in accordance with the existing limitations on contributions.
(b) The State Election Commission shall promulgate emergency and legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to establish guidelines for the administration of this section.
?3-8-12. Additional acts forbidden; circulation of written matter; newspaper advertising; solicitation of contributions; intimidation and coercion of employees; promise of employment or other benefits; public contractors; penalty.
(a) A person may not publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter, circular, placard, radio or television advertisement or other publication supporting or aiding the election or defeat of a clearly identified candidate.
(b) An owner, publisher, editor or employee of a newspaper or other periodical may not insert, either in its advertising or reading columns, any matter, paid for or to be paid for, which tends to influence the voting at any election, unless directly designating it as a paid advertisement and stating the name of the person authorizing its publication and the candidate in whose behalf it is published.
(c) A person may not, in any room or building occupied for the discharge of official duties by any officer or employee of the state or a political subdivision of the state, solicit orally or by written communication delivered within the room or building, or in any other manner, any contribution of money or other thing of value for any party or political purpose, from any postmaster or any other officer or employee of the federal government, or officer or employee of the state, or a political subdivision of the state. An officer, agent, clerk or employee of the federal government, or of this state, or any political subdivision of the state, who may have charge or control of any building, office or room, occupied for any official purpose, may not knowingly permit any person to enter any building, office or room, occupied for any official purpose for the purpose of soliciting or receiving any political assessments from, or delivering or giving written solicitations for, or any notice of, any political assessments to, any officer or employee of the state, or a political subdivision of the state.
(d) Except as provided in section eight of this article, a person entering into any contract with the state or its subdivisions, or any department or agency of the state, either for rendition of personal services or furnishing any material, supplies or equipment or selling any land or building to the state, or its subdivisions, or any department or agency of the state, if payment for the performance of the contract or payment for the material, supplies, equipment, land or building is to be made, in whole or in part, from public funds may not, during the period of negotiation for or performance under the contract or furnishing of materials, supplies, equipment, land or buildings, directly or indirectly, make any contribution to any political party, committee or candidate for public office or to any person for political purposes or use; nor may any person or firm solicit any contributions for any purpose during any period.
(e) A person may not, directly or indirectly, promise any employment, position, work, compensation or other benefit provided for, or made possible, in whole or in part, by act of the Legislature, to any person as consideration, favor or reward for any political activity for the support of or opposition to any candidate, or any political party in any election.
(f) Except as provided in section eight of this article, a
person may not, directly or indirectly, make any contribution in excess of the value
of $1,000 amounts permitted by section five-c of this article in
connection with any campaign for nomination or election to or on behalf of any
statewide office, in connection with any other campaign for nomination or election
to or on behalf of any other elective office in the state or any of its
subdivisions, or in connection with or on behalf of any person engaged in
furthering, advancing, supporting or aiding the nomination or election of any
candidate for any of the offices.
(g) A political organization (as defined in Section
527(e)(1) of the Internal Revenue Code of 1986) may not solicit or accept
contributions until it has notified the Secretary of State of its existence and
of the purposes for which it was formed. During the two-year election cycle,
a political organization (as defined in Section 527 (e) (1) of the Internal
Revenue Code of 1986) may not accept contributions totaling more than $1,000
from any one person prior to the primary election and contributions totaling
more than $1,000 from any one person after the primary and before the general
election.
(h) It is unlawful for any person to create, establish
or organize more than one political organization (as defined in Section
527(e)(1) of the Internal Revenue Code of 1986) with the intent to avoid or
evade the contribution limitations contained in subsection (g) of this section.
(i) (h) Notwithstanding the provisions of
subsection (f) of this section to the contrary, a person may not, directly or
indirectly, make contributions to a state party executive committee or state
party legislative caucus committee which, in the aggregate, are in excess of
the amounts permitted by section five-c of this article in any calendar year.
(j) (i) The limitations on contributions
contained in this section do not apply to transfers between and among a state
party executive committee or a state party?s legislative caucus political
committee from national committees of the same political party: Provided,
That transfers permitted by this subsection may not exceed $50,000 in the
aggregate in any calendar year to any state party executive committee or state
party legislative caucus political committee: Provided, however, That
the moneys transferred may only be used for voter registration and
get-out-the-vote activities of the state committees.
(k) (j) A person may not solicit any
contribution, other than contributions to a campaign for or against a county or
local government ballot issue, from any nonelective salaried employee of the state
government or of any of its subdivisions: Provided, That in no event may
any person acting in a supervisory role solicit a person who is a subordinate
employee for any contribution. A person may not coerce or intimidate any
nonelective salaried employee into making a contribution. A person may not
coerce or intimidate any nonsalaried employee of the state government or any of
its subdivisions into engaging in any form of political activity. The
provisions of this subsection may not be construed to prevent any employee from
making a contribution or from engaging in political activity voluntarily
without coercion, intimidation or solicitation.
(l) A person may not solicit a contribution from any
other person without informing the other person at the time of the solicitation
of the amount of any commission, remuneration or other compensation that the
solicitor or any other person will receive or expect to receive as a direct
result of the contribution being successfully collected. Nothing in this subsection
may be construed to apply to solicitations of contributions made by any person
serving as an unpaid volunteer.
(m) (k) A person may not place any letter,
circular, flyer, advertisement, election paraphernalia, solicitation material
or other printed or published item tending to influence voting at any election
in a roadside receptacle unless it is: (1) Approved for placement into a
roadside receptacle by the business or entity owning the receptacle; and (2)
contains a written acknowledgment of the approval. This subsection does not
apply to any printed material contained in a newspaper or periodical published
or distributed by the owner of the receptacle. The term ?roadside receptacle?
means any container placed by a newspaper or periodical business or entity to
facilitate home or personal delivery of a designated newspaper or periodical to
its customers.
(n) (l) Any person violating any provision
of this section is guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than $1,000, or confined in jail for not more than one year,
or both fined and confined.
(o) (m) The provisions of subsection (k) of
this section permitting contributions to a campaign for or against a county or
local government ballot issue shall become operable on and after January 1,
2005.
(p) (n) The limitations on contributions
established by subsection (g) of this section do not apply to contributions
made for the purpose of supporting or opposing a ballot issue, including a
constitutional amendment.
?3-8-14. Publication and distribution of statements
and solicitations; charge for newspaper or magazine space.
(a) Whenever a political committee makes a disbursement
for the purpose of financing any communication through any broadcasting
station, newspaper, magazine, outdoor advertising facility, mailing or any
other type of general public political advertising, or whenever any person
makes a disbursement for a campaign-related disbursement, or solicits any
contribution through any broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing or any other type of general public political
advertising or makes a disbursement for an electioneering communication, that
communication:
(1) If paid for and authorized by a candidate, an
authorized political committee of a candidate, or its agents, shall clearly
state that the communication has been paid for by that authorized political
committee;
(2) If paid for by other persons but authorized by a
candidate, an authorized political committee of a candidate, or its agents,
shall clearly state that the communication is paid for by those other persons
and authorized by that authorized political committee; or
(3) If not authorized by a candidate, an authorized
political committee of a candidate, or its agents, shall clearly state the name
and permanent street address, telephone number or World Wide Web address of the
person who paid for the communication and state that the communication is not
authorized by any candidate or candidate?s committee.
(b) No person who sells space in a newspaper or
magazine to a candidate or to the agent of a candidate, for use in connection
with that candidate?s campaign, may charge any amount for that space which
exceeds the amount charged for comparable use of that space for other purposes.
(c) Specification. ? Any printed communication
described in subsection (a) of this section shall:
(1) Be of sufficient type size to be clearly readable
by the recipient of the communication;
(2) Be contained in a printed box set apart from the
other contents of the communication; and
(3) Be printed with a reasonable degree of color
contrast between the background and the printed statement.
(d) Additional requirements. ?
(1) Communications by candidates or authorized
persons. ?
(A) By radio. ? Any communication described in
subdivision (1) or (2), subsection (a) of this section which is transmitted
through radio shall include, in addition to the requirements of that
subdivision, an audio statement by the candidate that identifies the candidate
and states that the candidate has approved the communication.
(B) By television. ? Any communication described
in subdivision (1) or (2), subsection (a) of this section which is transmitted
through television shall include, in addition to the requirements of that subdivision,
a statement that identifies the candidate and states that the candidate has
approved the communication. Such statement:
(i) Shall be conveyed by:
(I) An unobscured, full-screen view of the candidate
making the statement; or
(II) The candidate in voice-over, accompanied by a
clearly identifiable photographic or similar image of the candidate; and
(ii) Shall also appear in writing at the end of the
communication in a clearly readable manner with a reasonable degree of color
contrast between the background and the printed statement, for a period of at
least four seconds.
(2) Communications by certain political committees.
? Any communication described in subdivision (3), subsection (a) of this
section which, except to the extent provided in the last sentence of this
subdivision, is paid for by a political committee, including a political
committee of a political party, and which is transmitted through radio or
television shall include, in addition to the requirements of that paragraph, in
a clearly spoken manner, the following audio statement: ?_____ is responsible
for the content of this advertising.? The foregoing blank shall be filled in
with the name of the political committee paying for the communication and the
name of any connected organization of the payor. If transmitted through
television, the statement shall be conveyed by an unobscured, full-screen view
of a representative of the political committee making the statement, or by a
representative of that political committee or other person in voice-over, and
shall also appear in a clearly readable manner with a reasonable degree of
color contrast between the background and the printed statement, for a period
of at least four seconds. This subdivision does not apply to a communication
paid for, in whole or in part, with a payment which is treated as a
campaign-related disbursement under section eight-a and with respect to which a
covered organization files a statement under that section.
(e) Communications by others. ?
(1) Any communication described in subdivision (3),
subsection (a) of this section which is transmitted through radio or
television, other than a communication to which subdivision (2), subsection (d)
of this section applies, shall include, in addition to the requirements of that
subdivision, the following:
(A) The individual disclosure statement described in
paragraph (A), subdivision (2) of this subsection if the person paying for the
communication is an individual, or the organizational disclosure statement
described in paragraph (B), subdivision (2) of this subsection if the person
paying for the communication is not an individual.
(B) If the communication is transmitted through
television and is paid for, in whole or in part, with a payment which is
treated as a campaign-related disbursement under section eight-a of this
article the top five contributors list, if applicable, unless, on the basis of
criteria established in rules promulgated by the Secretary of State, the
communication is of such short duration that including the top five
contributors list in the communication would constitute a hardship to the
person paying for the communication by requiring a disproportionate amount of
the content of the communication to consist of the top five contributors list.
(C) If the communication is transmitted through radio
and is paid for, in whole or in part, with a payment which is treated as a
campaign-related disbursement under section eight-a of this section the top two
contributors list, if applicable, unless, on the basis of criteria established
in rules promulgated by the secretary, the communication is of such short
duration that including the top two contributors list in the communication
would constitute a hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the communication to
consist of the top two contributors list.
(2) Disclosure statements described. ?
(A) Individual disclosure statements. ? The
individual disclosure statement described in this paragraph is the following:
?I am ____________________ , and I approve this
message.? The foregoing blank filled in with the name of the applicable
individual.
(B) Organizational disclosure statements. The
organizational disclosure statement described in this paragraph is the
following: ?I am _____________, the ____________ of ____________, and
_____________ approves this message.?, with:
(i) The first blank to be filled in with the name of
the applicable individual;
(ii) The second blank to be filled in with the title of
the applicable individual; and
(iii) The third and fourth blanks each to be filled in
with the name of the organization or other person paying for the communication.
(3) Method of conveyance of statement. ?
(A) In the case of a communication to which this
subsection applies which is transmitted through radio, the disclosure
statements required under subdivision (1) of this subsection shall be made by
audio by the applicable individual in a clearly spoken manner.
(B) In the case of a communication to which this
subsection applies which is transmitted through television, the information
required under subdivision (1) of this subsection:
(i) Shall appear in writing at the end of the communication
or in a crawl along the bottom of the communication in a clearly readable
manner, with a reasonable degree of color contrast between the background and
the printed statement, for a period of at least six seconds; and
(ii) Shall also be conveyed by an unobscured,
full-screen view of the applicable individual or by the applicable individual
making the statement in voice-over accompanied by a clearly identifiable
photograph or similar image of the individual, except in the case of a top five
contributors list.
(4) Definitions. ? In this subsection:
(A) ?Applicable individual? means, with respect to a
communication to which this subsection applies:
(i) If the communication is paid for by an individual,
the individual involved;
(ii) If the communication is paid for by a corporation,
the chief executive officer of the corporation or, if the corporation does not
have a chief executive officer, the highest ranking official of the
corporation; and
(iii) If the communication is paid for by any other
person, the highest ranking official of that person.
(B) ?Campaign-related disbursement? and ?covered
organization? have the meanings given them in section eight-a of this article.
(C) ?Top five contributors list? means, with respect to
a communication paid for, in whole or in part, with a payment which is treated
as a campaign-related disbursement under section eight-a, a list of the five
persons who provided the largest payments of any type in an aggregate amount
equal to or exceeding $1,000 which are required under subsection (a), section
eight-a of this article to be included in the reports filed by a covered
organization with respect to that communication during the twelve-month period
ending on the date of the disbursement and the amount of the payments each such
person provided. If two or more people provided the fifth largest of those
payments, the covered organization involved shall select one of those persons
to be included on the top five contributors list.
(D) ?Top two contributors list? means, with respect to
a communication paid for, in whole or in part, with a payment which is treated
as a campaign related disbursement under section eight-a of this article a list
of the persons who provided the largest and the second largest payments of any
type in an aggregate amount equal to or exceeding $1,000 which are required
under subsection (a) of that section to be included in the reports filed by a
covered organization with respect to that communication during the twelve-month
period ending on the date of the disbursement and the amount of the payments
each such person provided. If two or more persons provided the second largest
of those payments, the covered organization involved shall select one of those
persons to be included on the top two contributors list.
Following discussion,
The question being on the adoption of Senator Romano's
amendment to the bill, and on this question, Senator Romano demanded the yeas
and nays.
The roll being taken, the yeas were: Beach,
Facemire, Jeffries, Miller, Ojeda, Palumbo, Prezioso, Romano, Stollings and
Woelfel?10.
The nays were: Azinger, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins,
Plymale, Rucker, Smith, Swope, Sypolt, Takubo, Trump, Unger, Weld and
Carmichael (Mr. President)?24.
Absent: None.
So, a majority of those present and voting not
having voted in the affirmative, the President declared Senator Romano's
amendment to the bill rejected.
??????????? On
motion of Senator Palumbo, the following amendments to the bill (Com. Sub. for
S. B. 539) were next reported by the Clerk and considered simultaneously:
On pages
?3-8-1. Provisions to
regulate and control elections.
(a) The Legislature finds
that:
(1) West Virginia?s
population is 1,808,344, ranking 37th among the fifty states.
(2) State Senate
districts have a population of approximately one hundred six thousand three
hundred seventy-three, and the average Delegate district has a population of
approximately thirty-one thousand, one hundred seventy-eight. The size of these
districts is substantially smaller than the United States Senatorial and
Congressional Districts.
(3) When the relatively
small size of the state?s legislative and other voting districts is combined
with the economics and typical uses of various forms of electioneering
communication, history shows that nonbroadcast media is and will continue to be
a widely used means of making campaign related communications to target
relevant audiences. Consequently, nonbroadcast communications are prevalent
during elections.
(4) Disclosure provisions
are appropriate legislative weapons against the reality or appearance of
improper influence stemming from the dependence of candidates on large campaign
contributions, and the ceilings imposed accordingly serve the basic
governmental interest in safeguarding the integrity of the electoral process
without directly impinging upon the rights of individual citizens and
candidates to engage in political debate and discussion.
(5) When narrowly
tailored to minimize any infringement on the right to free speech guaranteed by
the United States and West Virginia Constitutions, or upon the rights to engage
in political debate and discussion, disclosure of contributions and
expenditures by entities that engage in electoral advocacy is an appropriate
means to safeguard the electoral process against the appearance of improper
influence from large campaign expenditures.
(5) (6) Disclosure of expenditures serve serves
a substantial governmental interest in informing the electorate and preventing
the corruption of or appearance of corruption in the political process.
(6) (7) Disclosure by persons and entities that
make expenditures for communications that expressly advocate the election or
defeat of clearly identified candidates or perform its functional equivalent,
is a reasonable and minimally restrictive method of furthering First Amendment
values by public exposure of the state election system.
(7) (8) Failing to regulate nonbroadcast media
messages would permit those desiring to influence elections to avoid the
principles and policies that are embodied in existing state law.
(8) (9) The regulation of the various types of
nonbroadcast media in addition to broadcast media, is tailored to meet the
circumstances found in the State of West Virginia.
(9) (10) Nonbroadcast media such as newspapers,
magazines or other periodicals have proven to be effective means of election
communication in West Virginia. Broadcast, satellite and nonbroadcast media
have all been used to influence election outcomes.
(10) (11) Certain nonbroadcast communications, such
as newspaper inserts, can be more effective campaign methods than broadcast
media because such communications can be targeted to registered voters or
historical voters in the particular district. In contrast, broadcasted messages
reach all of the general public, including person ineligible to vote in the
district.
(11) (12) Nonbroadcast media communications in the
final days of a campaign can be particularly damaging to the public?s
confidence in the election process because they reduce or make impossible an
effective response.
(12) (13) Identifying those funding nonbroadcast
media campaigns in the final days of a campaign may at least permit voters to
evaluate the credibility of the message.
(13) (14) In West Virginia, contributions up to the
amounts specified in this article allow contributors to express their opinions,
level of support and their affiliations.
(14) (15) In West Virginia, campaign expenditures
by entities and persons who are not candidates have been increasing. Public
confidence is eroded when substantial amounts of such money, the source of
which is hidden or disguised, is expended. This is particularly true during the
final days of a campaign.
(15) (16) In West Virginia, contributions to
political organizations, defined in Section 527(e)(1) of the Internal Revenue
Code of 1986, substantially larger than the amounts permitted to be received by
a candidate?s political committee have been recorded and are considered by the
Legislature to be large contributions.
(16) (17) Independent expenditures intended to
influence candidates? campaigns in the state are increasingly utilizing
nonbroadcast media to support or defeat candidates.
(17) (18) Identification of persons or entities
funding political advertisements electoral advocacy assists in
enforcement of the contribution and expenditure limitations established by this
article and simply informs voters of the actual identities of persons or
entities advocating the election or defeat of candidates.
(18) (19) Identification of persons or entities
funding political advertisements electoral advocacy allows voters
to evaluate the credibility of the message contained in the advertisement.
(19) (20) Disclosure of the identity of persons or
entities funding political communications regarding candidates electoral
advocacy bolsters the right of listeners to be fully informed.
(b) Political campaign
contributions, receipts and expenditures of money, advertising, influence and
control of employees, and other economic, political and social control factors
incident to primary, special and general elections shall be regulated and
controlled by the provisions of this article and other applicable provisions of
this chapter.;
And,
On pages eleven through fourteen,
section one-a, by striking out all of subdivisions (14) and (15) and inserting
in lieu thereof two new subdivisions, designated subdivisions (14) and (15), to
read as follows:
(12) (14) Electioneering
communication. ?
(A) ?Electioneering communication?
means any paid communication made by broadcast, cable or satellite signal, mass
mailing, telephone bank, billboard advertisement or published in any newspaper,
magazine or other periodical that:
(i) Refers to a clearly
identified candidate for Governor, Secretary of State, Attorney General,
Treasurer, Auditor, Commissioner of Agriculture, Supreme Court of Appeals, or
the Legislature, circuit judge, family court judge, magistrate or any county
office;
(ii) Is publicly
disseminated within:
(I) Thirty days before a
the primary election day at which the nomination for office
sought by the candidate is to be determined; or
(II) Sixty days before a
the general or special election day at which the office sought by
the candidate is to be filled; and
(iii) Is targeted to the
relevant electorate. Provided, That for purposes of the
general election of 2008 the amendments to this article are effective October
1, 2008
(B) ?Electioneering
communication? does not include:
(i) A news story,
commentary or editorial disseminated through the facilities of any broadcast,
cable or satellite television or radio station, newspaper, magazine or other
periodical publication not owned or controlled by a political party, political
committee or candidate: Provided, That a news story disseminated through
a medium owned or controlled by a political party, political committee or
candidate is nevertheless exempt if the news is:
(I) A bona fide news
account communicated in a publication of general circulation or through a
licensed broadcasting facility; and
(II) Is part of a
general pattern of campaign-related news that gives reasonably equal coverage
to all opposing candidates in the circulation, viewing or listening area;
(ii) Activity by a
candidate committee, party executive committee or caucus committee, or a
political action committee that is required to be reported to the State
Election Commission or the Secretary of State as an expenditure pursuant to
section five of this article or the rules of the State Election Commission or
the Secretary of State promulgated pursuant to such provision: Provided,
That independent expenditures by a party executive committee or caucus
committee or a political action committee required to be reported pursuant to
subsection (b), section two of this article are not exempt from the reporting
requirements of this section;
(iii) A candidate debate or
forum conducted pursuant to rules adopted by the State Election Commission or
the Secretary of State or a communication promoting that debate or forum made
by or on behalf of its sponsor;
(iv) A communication paid
for by any organization operating under Section 501(c)(3) of the Internal
Revenue Code of 1986;
(v) A communication made
while the Legislature is in session which, incidental to promoting or opposing
a specific piece of legislation pending before the Legislature, urges the
audience to communicate with a member or members of the Legislature concerning
that piece of legislation;
(vi) A statement or
depiction by by a membership organization in existence prior to the date on
which the individual named or depicted became a candidate, made in a newsletter
or other communication distributed only to bona fide members of that
organization;
(vii) A communication made
solely for the purpose of attracting public attention to a product or service
offered for sale by a candidate or by a business owned or operated by a
candidate which does not mention an election, the office sought by the
candidate or his or her status as a candidate; or
(viii) A communication,
such as a voter?s guide, which refers to all of the candidates for one or more
offices, which contains no appearance of endorsement for or opposition to the
nomination or election of any candidate and which is intended as nonpartisan
public education focused on issues and voting history;
(13) (15) ?Expressly advocating? means any
communication that:
(A) Uses phrases such as ?vote
for the Governor?, ?re-elect your Senator?, ?support the Democratic nominee for
Supreme Court House of Delegates?, ?cast your ballot for the
Republican challenger for House of Delegates?, ?Smith for House?, ?Bob Smith in
?04?, ?vote Pro-Life? or ?vote Pro-Choice? accompanied by a listing of clearly
identified candidates described as pro-life or pro-choice, ?vote against Old
Hickory?, ?defeat? accompanied by a picture of one or more candidates, ?reject
the incumbent?;
(B) Communications of
campaign slogans or individual words, that can have no other reasonable meaning
than to urge the election or defeat of one or more clearly identified
candidates, such as posters, bumper stickers, advertisements, etc., which say ?Smith?s
the One?, ?Jones ?06?, ?Baker?, etc.; or
(C) Is susceptible of no
reasonable interpretation other than as an appeal to vote for or against a
specific candidate.
Following discussion,
The question being on the adoption of
Senator Palumbo?s amendments to the bill, the same was put and prevailed.
On motion of Senator Miller, the following
amendments to the bill (Com. Sub. for S. B. 539) were next reported by the
Clerk and considered simultaneously:
On page nine, section one-a, line forty-nine, after the word ?expenses?
by inserting the words ?paid by the volunteer?;
On page
On page fifteen, section one-a, line two hundred, by striking out the
words ?which are made?;
On pages fifteen and sixteen, section one-a, lines two hundred one
through two hundred twenty-three, by striking out all of paragraphs (A), (B),
(C) and (D) and inserting in lieu thereof the following:
The following are types of
political action committees:
(A) A corporate political
action committee, as that term is defined by subdivision (8) of this section;
(B) A political action
committee that is a separate segregated fund of a membership organization, as
that term is defined by subdivision (18) of this section, and that
organization may only accept contributions from its restricted group as
outlined by the rules of the State Election Commission;
(C) An unaffiliated
political action committee, as that term is defined by subdivision (29) of
this section; and
(D) A caucus campaign
committee.;
On page seventeen, section one-a, line two hundred thirty-seven, after
the word ?candidate;? by inserting the word ?and?;
On page seventeen, section one-a, line two hundred thirty-nine, after
the word ?material? by changing the semicolon to a period and striking out the
remainder of the subdivision;
On page thirty-six, section five-d, lines three and four, by changing
the colon to a period and striking out the proviso;
On page forty-six, section nine, lines sixty-seven through seventy, by
striking out all of subsection (b) and inserting in lieu thereof a new
subsection, designated subsection (b), to read as follows:
(b) A political action committee may not contribute to another political
action committee or receive contributions from another political action
committee: Provided, That a political action committee may receive
contributions from its national affiliate, if any.;
On page forty-nine, section eleven, lines twenty-three through
thirty-one, by striking out all of subsection (d) and inserting in lieu thereof
a new subsection, designated subsection (d), to read as follows:
(d) Any person who shall pay any owner, publisher, editor or employee or
any newspaper or other periodical, to advocate or oppose editorially, any
candidate for nomination or election, or any political party, or any measure to
be submitted to the vote of the people or any owner, publisher, editor or
employee, who shall solicit or accept such payment, is guilty of a misdemeanor
and, on conviction thereof, shall be fined not more than $10,000, or confined
in jail for not more than one year or, in the discretion of the court, shall be
subject to both such fine and imprisonment.;
And,
On page fifty-two, section twelve, lines sixty-nine and seventy, by
striking out the words ?other than another independent expenditure-only
political action committee?.
??????????? Following discussion
and a point of inquiry to the President,
At the request of Senator
At the request of Senator
At the request of Senator
Senate
Bill 566, Claims against
state.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 576, Providing
exception to waste for certain oil and gas development.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
Senate
Bill 578, Relating
generally to copies of health care records furnished to patients.
On
At the request of Senator
Com.
Sub. for Senate Bill 586, Changing
fees for custom slaughters from annual to triennial.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Com. Sub. for Senate Bill 601, Relating to requirements for making consumer loans.
On
At the request of Senator
Senate
Bill 614, Relating to
expansion of broadband service.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 621, Providing certain
rules inapplicable after county board of education notifies state board of
possible closing or consolidations.
On
At the request of Senator
Com.
Sub. for Com. Sub. for Senate Bill 628, Relating to providing funding for Statewide Interoperable Radio Network.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 630, Establishing
Accessibility and Equity in Public Education Enhancement Act.
On
At the request of Senator
Com.
Sub. for Senate Bill 631, Prosecuting
violations of municipal building code.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 634, Relating
generally to certain agreements between DHHR and two largest state
universities.
On
At the request of Senator
Com.
Sub. for Senate Bill 647, Relating
generally to additional county excise taxes on real property transfer.
On
At the request of Senator
Com.
Sub. for Senate Bill 671, Relating
to WV Anatomical Board.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 685, Creating a
one-day special license for charitable events sell nonintoxicating beer.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 686, Exempting
facilities governed by DHHR that provide direct patient care.
On
At the request of Senator
Senate
Joint Resolution 10, Eliminating
Office of Surveyor of Lands Amendment.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Eng.
Com. Sub. for House Bill 2001, Relating to ethics and transparency in government.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
Eng.
Com. Sub. for House Bill 2506, Relating to the permit limit calculations and allowing overlapping
mixing zones for calculating permit limits for drinking water criteria.
On
At the request of Senator
Eng.
Com. Sub. for House Bill 2868, Relating generally to Uniform Unclaimed Property Act.
On
At the request of Senator
The Senate proceeded to the eleventh order
of business and the introduction of guests.
The Senate then proceeded to the twelfth
order of business.
Remarks were made by
Thereafter, at the request of Senator
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
____________