HB5166 S JUD AM #1 3-10 as amended
Curia 7824
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) Notwithstanding the definitions contained in section one-a of this article, for purposes of this section:
(1) “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 funding the rental, purchase, construction or financing of the lease, purchase or construction of a party headquarters, and for the utilities, maintenance, furniture, fixtures, and equipment for the party headquarters. 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.
(2) “Party headquarters” means a physical structure or structures that is the physical location of the office of a state executive committee of a political party.
(3) “Party headquarters committee” includes any person, organization or group of persons soliciting or receiving contributions for the purpose of funding the lease, purchase, construction or financing of the lease, purchase, or construction of a party headquarters, including utilities, maintenance, furniture, fixtures, and equipment for the party headquarters, or for a county executive committee’s headquarters.
(4) “County executive committee” means the executive committee of a political party, as defined by §3-1-8 of this code, which is situate in, and responsible for, the conduct of that party’s business in one of the constituent counties of the state.
(b) A political party, or a county executive committee of a political party, may establish a party headquarters committee to solicit and receive contributions for the exclusive purpose of the purchase, construction or lease of an office building or financing of the lease, purchase, or construction of a party headquarters, including utilities, maintenance, furniture, fixtures, and equipment, to be used as a state political party’s headquarters, or, as a county executive committee’s headquarters.
(c) Contributions received pursuant to this section may not be expended for:
(1) The purchase, construction or lease of satellite offices or other facilities;
(2) Utilities, maintenance, furniture, fixtures, equipment or signage for satellite offices or other facilities; or
(3) Political purposes.
(d) A party headquarters committee may not accept contributions in excess of $10,000, in the aggregate, from any person or entity for the purposes of this section.
(e) A party headquarters committee for any county executive committee may not receive contributions or make expenditures for the purpose of funding the rental, purchase, construction, or financing of a state executive committee headquarters, or a county executive committee’s headquarters, which are in excess of $50,000 $1 million.
(f) (1) A party headquarters committee, financial agent, or any person or officer acting on behalf of the committee, that is subject to the provisions of this section, shall file a verified financial statement with the Secretary of State, on a form prescribed by the secretary, within 90 days of any contribution or expenditure in excess of $250.
(2) Each financial statement shall contain, but is not limited to, the following information:
(A) The name, residence and mailing address and telephone number of the party headquarters committee, financial agent, or any person or officer acting on behalf of the committee, who is filing the financial statement.
(B) 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.
(C) The name of any person making a contribution, the amount of the contribution, and the residence and mailing address of the contributor.
(D) The total amount of contributions received during the period covered by the financial statement.
(E) The name, residence and mailing address of any individual or the name and mailing address of each lending institution making a loan, 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.
(F) 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.
(G) The total outstanding balance of all loans at the end of the period.
(H) The name, residence, and mailing address of any person to whom each expenditure was made, or liability incurred, together with the amount and purpose of each expenditure or liability incurred, and the date of each transaction.
(I) The total amount of expenditures made during the period covered by the financial statement.
(3) The Secretary of State shall file and retain the statements as public records for not less than six years.
(g) Contributions received by a party headquarters committee may be contributed to any educational, cultural, or charitable organization.
(a) Any person, candidate, financial agent, or treasurer of a political 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 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. 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 committee who fails to file a sworn, itemized statement as required in this article or who files a grossly incomplete or grossly inaccurate statement shall be assessed a civil penalty by the Secretary of State of $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 committee and forward copies of such the 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) Prior to assessing a penalty pursuant to this section as a result of not filing a sworn itemized statement, the Secretary of State shall notify, not later than 14 days after the deadline for the required sworn itemized statement, any person, candidate, financial agent, or treasurer of a political committee who fails to file a sworn itemized statement required by this article, in writing that the statement has not been filed or that a filed statement has not been completed, citing the omissions from the statement. The Secretary of State shall not assess a penalty pursuant to this section if the statement or information required to complete the statement is filed within seven days of the date of the written notice. The notice shall be sent to the most recent email address, if any, and mailing address provided by the political committee and its treasurer.
(A) If the statement or information required to complete the statement is not filed within the seven-day period, the Secretary of State shall assess against the person, candidate, financial agent, or treasurer of a political committee who fails to file a sworn, itemized statement required by this article, the civil penalty set forth in this section.
(B) The Secretary of State may grant an additional period for compliance, not to exceed 14 days, for good cause shown and in response to a request filed within the seven-day period.
(3) (4) 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) (5) The Secretary of State shall publish online a list of all persons required to file statements with the Secretary of State who file statements after the deadline in an election cycle. This list shall be maintained and be publicly available online to include late activity for, at a minimum, the previous five years up to the current year.
(5) (6) 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 §29A-3-1 et seq. 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 84th day before the general election, is disqualified and may not have his or her name appear on the general election ballot. The provisions of §3-8-5b(d) of this code notwithstanding, any sworn statement filed after the deadline required by §3-8-5 of this code must be received in the office indicated by §3-8-5b(a) of this code by the close of business on the 84th 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 the person may not enter upon the duties of his or her office until he or she has filed such the 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 §3-5-19 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 60 days after any primary or other election.
Adopted
Rejected