SB 854
Relating to powers of Secretary of State under Solicitation of Charitable Funds Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill expands the powers of the West Virginia Secretary of State when investigating charitable organizations, professional fund-raising counsel, and professional solicitors. Specifically, it allows the Secretary to administer oaths, issue subpoenas, request assistance from the circuit court and the Attorney General, and pursue legal action to prevent violations of the Solicitation of Charitable Funds Act. The bill also outlines penalties for those who violate the act, including fines and potential imprisonment.
Key provisions
- The Secretary of State can investigate charitable organizations, professional fund-raising counsel, and professional solicitors for violations of the Solicitation of Charitable Funds Act.
- The Secretary of State can administer oaths and affirmations, issue subpoenas, and utilize the circuit court's subpoena power.
- The Attorney General can provide legal and investigative assistance to the Secretary of State.
- The bill establishes fines and potential imprisonment for violations of the act.
- It allows for legal action to enjoin individuals or organizations from continuing violations.
- The court can order the return of contributions to donors if feasible.
- If returning contributions is impractical, funds are to be placed in the custody of a general receiver.
- The bill defines specific penalties for different offenses, increasing with subsequent violations.
Who is affected
- Charitable organizations
- Professional fund-raising counsel
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