Allowing the Secretary of State administer oaths and affirmations.
Summary
HB5274 amends West Virginia’s Solicitation of Charitable Funds Act to expand the Secretary of State’s enforcement tools when investigating charitable organizations, professional fund-raising counsel, and professional solicitors. The bill authorizes the Secretary of State to administer oaths and affirmations, issue subpoenas and subpoenas duces tecum, seek help from circuit courts to enforce subpoenas, and request legal and investigative assistance from the Attorney General. It also preserves the existing authority to investigate suspected violations and false or misleading filings.
The bill continues to treat willful violations of the charitable solicitation law as misdemeanors, with fines and possible jail time that increase for repeat offenses. It also keeps in place the state’s ability to seek injunctions in circuit court to stop unlawful solicitation activity and to recover or distribute improperly obtained contributions through a general receiver when appropriate. The measure is aimed at strengthening oversight and enforcement rather than changing the basic registration or reporting framework for charitable solicitors.
Impact
HB5274 would amend §29-19-15 of the West Virginia Code, expanding the Secretary of State’s investigative and enforcement authority under the charitable solicitation law. It would add express subpoena power, oath-administering authority, access to circuit court enforcement of subpoenas, and a formal request mechanism for Attorney General assistance. The bill would affect charitable organizations, professional fund-raising counsel, and professional solicitors by increasing the state’s ability to investigate suspected fraud or false filings and to pursue civil and criminal remedies.
Sentiment
The bill appears to have a generally supportive, administrative enforcement-oriented tone, with no recorded committee debate or votes in the provided materials. Its stated purpose is narrow and procedural, focusing on giving the Secretary of State additional tools to police charitable solicitation activity. Because the bill is framed as an enforcement enhancement rather than a substantive restriction on lawful fundraising, the available context suggests limited controversy in the materials provided.
Contention
The main point of potential contention is the expansion of state investigative power, especially the ability to administer oaths, issue subpoenas, and involve the circuit court and Attorney General in investigations. Supporters would likely view these tools as necessary to deter fraud and false reporting in charitable fundraising, while critics could be concerned about increased regulatory burden or broader enforcement discretion. No specific opposition, amendments, or disputed provisions are reflected in the provided discussion or voting history.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.
Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.