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1997 SESSION

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977569729
HOUSE BILL NO. 2480 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Saslaw on February 19, 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 and no campaign committee of a member of the General Assembly shall solicit or accept a contribution for the campaign committee of any member of the General Assembly 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 any contribution to a member of the General Assembly 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 to any contribution (i) to the campaign committee of a member of the House of Delegates made in the year of a regular election for the House of Delegates, (ii) to the campaign committee of a member of the Senate made in the year of a regular election for the Senate, (iii) by a member of the General Assembly from his personal funds, (iv) to the campaign committee of a candidate in a special election or an election for federal or statewide office, or (v) to the campaign committee of a member of the General Assembly to retire a debt from a prior campaign.

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;

"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; and

E. Any person who knowingly 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 $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.