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1997 SESSION

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977566722
HOUSE BILL NO. 2480 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 11, 1997) (Patron Prior to Substitute--Delegate Melvin) A BILL to amend the Code of Virginia by adding in Title 24.2 a chapter numbered 9.1, consisting of a section numbered 24.2-940, relating to restrictions on campaign fundraising activities during legislative sessions; penalties.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 24.2 a chapter numbered 9.1, consisting of a section numbered 24.2-940, as follows:

CHAPTER 9.1. CAMPAIGN FUNDRAISING; LEGISLATIVE SESSIONS.

§ 24.2-940. Campaign fundraising; legislative sessions; penalties.

A. No member of the General Assembly or statewide official and no campaign committee of a member of the General Assembly or statewide official shall solicit or accept a contribution from any person or political committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session.

B. No person or political committee shall make or promise to make a contribution to a member of the General Assembly or statewide official or his campaign committee on and after the first day of a regular session of the General Assembly through adjournment sine die of that session.

C. The restrictions of this section shall not apply (i) to a contribution made by a member of the General Assembly or statewide official from his personal funds, (ii) to a contribution to the campaign committee of a candidate in a special election, (iii) to a contribution to a political committee that has not been solicited by a member of the General Assembly or statewide official, or (iv) to the payment of dues by a member of the General Assembly to any organized political party group of General Assembly members.

D. As used in this section:

"Adjournment sine die" means adjournment on the last legislative day of the regular session, and such session does not include the ensuing reconvened session.

"Campaign committee," "contribution," "person," and "political committee" shall be defined as provided in § 24.2-901 except that "contribution" shall not include money, services, or things of value in any way provided by a candidate to his own campaign and the payment by the candidate of any primary filing fee.

"Solicit" means request a contribution, orally or in writing, but shall not include a request for support of a candidate or his position on an issue.

"Statewide official" means the Governor, Lieutenant Governor, and Attorney General.

E. Any person who violates, or aids, abets, or participates in the violation of, this section shall be subject to a civil penalty equal to the amount of the prohibited contribution or promised contribution or $500, whichever amount is greater. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalty provided herein. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund.