H. B. 2120
(By Delegate Hamilton)
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17-19-13a, relating
to prohibiting charitable organizations from soliciting
contributions on public highways; and prescribing criminal
penalties for violations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17-19-13a, to read as
follows:
ARTICLE 19. GENERAL CRIMINAL PROVISIONS.
§17-19-13a. Prohibiting solicitation by charitable organizations
on public highways; penalties.
(a) For purposes of this section:
(1) "Charitable organization" means:
(A) A person who is or holds itself out to be a benevolent, educational, philanthropic, humane, patriotic, religious or
eleemosynary organization; or
(B) Any person who solicits or obtains contributions solicited
from the public for charitable purposes; or
(C) Any person who in any manner employs any appeal for
contributions which may be reasonably interpreted to suggest that
any part of such contributions will be used for charitable
purposes.
(2) "Contribution" means a promise or grant of any money or
property of any kind or value.
(3) "Solicitation" means a request, directly or indirectly,
for any contribution on the representation the contribution will be
used for a charitable purpose, including, but not limited to:
(A) Any oral or written request;
(B) Any announcement to the press, over the radio, television,
telephone or telegraph, requesting the public make a contribution
for any charitable purpose;
(C) Distributing, circulating, posting or publishing any
handbill, written advertisement or other publication which directly
or by implication seeks to obtain public support; or
(D) The selling of, offering or attempting to sell, any
advertisement, advertising space, subscription, ticket or any
service or tangible item in connection with any request made for
any charitable purpose, or where the name of any charitable or civic organization is used or referred to as an inducement or
reason for making any such sale, or when or where in connection
with any such sale, any statement is made that the whole or any
part of the proceeds from any such sale will be donated to any
charitable purpose.
"Solicitation" shall occur when the request is made or at the
place the request is received, whether or not the solicitor
actually receives any contribution.
(b) No person may approach a motor vehicle on a public highway
with a federal or state highway designation for the purpose of
soliciting a contribution from the occupant of the motor vehicle on
behalf of a charitable organization.
(c) A person violating the provisions of this section shall be
issued a warning citation upon a first offense, and the name of the
charitable organization conducting the solicitation shall be
forwarded to the Secretary of State for investigation to determine
whether the charitable organization is properly registered and in
compliance with the provisions of article nineteen, chapter
twenty-nine of this code, and the name of the charitable
organization shall also be forwarded to the Department of Revenue
for investigation to determine whether the charitable organization
is in compliance with state tax laws. Upon a second or subsequent
violation of the provisions of this section, a person is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500.
NOTE: The purpose of this bill is to prohibit charitable
organizations from soliciting contributions on public highways and
providing a penalty for violation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.