SB 889

            
2020 SESSION

20103920D

SENATE BILL NO. 889


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend the Code of Virginia by adding in Chapter 9.3 
 of Title 24.2 an article numbered 3.1, consisting of sections numbered 24.2-948.5 
 through 24.2-948.8, and by adding in Article 8 of Chapter 9.3 of Title 24.2 a 
 section numbered 24.2-953.6, relating to campaign finance; campaign 
 contribution limits; civil penalty.
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Patron-- Ebbin

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Referred to Committee on Privileges and Elections

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding in Chapter 
 9.3 of Title 24.2 an article numbered 3.1, consisting of sections numbered 
 24.2-948.5 through 24.2-948.8, and by adding in Article 8 of Chapter 9.3 of 
 Title 24.2 a section numbered 24.2-953.6 as follows:
 
 
Article 3.1.
 
 
Contribution Limits.
 
 
� 24.2-948.5. Limits 
 on contributions to candidates for statewide office and the General Assembly.
 
 
A. No person, 
 campaign committee, referendum committee, 
 or inaugural committee shall make any single 
 contribution, or any combination of contributions, that exceeds $2,500 to any 
 one candidate for the General Assembly or $5,000 to any one candidate for 
 Governor, Lieutenant Governor, or Attorney General in any single calendar year.
 
 
B. No political action 
 committee, federal political action committee, or 
 out-of-state political committee shall make any single 
 contribution, or any combination of contributions, that exceeds $5,000 to any 
 one candidate for the General Assembly or $10,000 to any one candidate for 
 Governor, Lieutenant Governor, or Attorney General in any single calendar year.
 
 
C. No candidate shall 
 solicit or accept contributions to the candidates 
 campaign committee in excess of the 
 limits set forth in this section.
 
 
D. The limits set 
 forth in this section shall not apply to contributions by (i) the candidate; 
 (ii) the candidates spouse, child, parent, or sibling; or (iii) a political 
 party committee to the candidates campaign 
 committee.
 
 
E. The limits set 
 forth in this section shall apply without regard to whether the candidate is 
 opposed or unopposed in the election or nominating process.
 
 
F. Any contribution or 
 portion thereof that is returned to the contributor within 60 days after 
 receipt shall not be deemed to have been accepted for 
 the purposes of applying the limits set forth in this section.
 
 
� 24.2-948.6. 
 Prohibition on indirect contributions.
 
 
For purposes of 
 applying the contribution limits set forth in � 24.2-948.5, all direct or 
 indirect contributions made by a person, campaign committee, 
 referendum committee, inaugural committee, political action committee, federal 
 political action committee, or out-of-state political committee to 
 benefit a candidate, including any designated contributions 
 or contributions otherwise explicitly 
 directed through any other person, campaign committee, political 
 committee, federal political action committee, out-of-state political 
 committee, or political party 
 committee exempted pursuant to � 24.2-950.1 for such purpose, 
 shall be deemed to be contributions from such person or 
 committee to such candidate.
 
 
� 24.2-948.7. 
 Aggregation of contributions.
 
 
For purposes of 
 applying the contribution limits set forth in � 24.2-948.5:
 
 
1. All contributions 
 made by a person, campaign committee, referendum 
 committee, inaugural committee, political action committee, 
 federal political action committee, or out-of-state 
 political committee, whose 
 contribution or expenditure activity is financed, maintained, or controlled by 
 the same corporation, labor organization, association, or any other person, 
 including a parent, subsidiary, branch, division, department, or local unit of 
 such corporation, labor organization, association, or any other person, or by 
 any group of such persons, shall be deemed to be made by the same person or 
 committee; and
 
 
2. For entities not 
 described in subdivision 1, two or more entities shall be deemed to be a single 
 entity sharing the same contribution limit if the entities (i) share the 
 majority of members on their boards of directors and share two or more 
 officers, (ii) are owned or controlled by the same majority shareholder or 
 shareholders, (iii) are in a parent-subsidiary relationship, or (iv) have 
 bylaws stating that one organization has the power to control the other.
 
 
� 24.2-948.8. 
 Restrictions on loans.
 
 
Any loan to a 
 candidate campaign committee for Governor, 
 Lieutenant Governor, Attorney General, or the General Assembly shall be deemed 
 to be a contribution from the maker and the guarantor of the loan and is 
 subject to the contribution limits set forth in � 24.2-948.5. A loan to a 
 candidate campaign committee must be by written agreement. The proceeds of a 
 loan made to a candidate campaign committee 
 shall not be subject to the contribution limits stated in � 24.2-948.5 if the 
 loan is made by the candidate to his own campaign committee or is made by a 
 commercial lending institution in the regular course of business and on the 
 same terms ordinarily available to members of the public and is secured or 
 guaranteed only by the candidates 
 campaign committee.
 
 
� 24.2-953.6. 
 Violation of contribution limits; civil penalty.
 
 
Any candidate for 
 Governor, Lieutenant Governor, Attorney General, or the General Assembly whose 
 campaign committee knowingly accepts, or any contributor who knowingly makes to 
 such candidate, contributions in excess of the limits imposed in Article 3.1 (� 
 24.2-948.5 et seq.) shall be subject to a civil penalty of up to two times the 
 amount by which the contribution exceeds the limit. The State Board shall 
 assess and collect such civil penalties, which shall be payable to the State 
 Treasurer for deposit to the general fund.