This Amendment to House Bill No.

Plain English Breakdown

The official source material does not provide specific information about the frequency of audits by the Auditor of Accounts or the actions taken by the Department of Justice upon receiving reports from the Secretary of State and the Auditor of Accounts.

Amendment to House Bill No. 392

This amendment changes the penalties for nonprofits that break certain rules, clarifies enforcement procedures, and classifies violations as unlawful practices.

What This Bill Does

• Changes the punishment for breaking the rules to include not getting state grants or contracts for five years.
• Requires nonprofits to give back any money they used wrongly.
• Makes sure the Auditor of Accounts checks if nonprofits follow nonpartisan rules and reports problems to the Department of Justice.
• Says that the Secretary of State must look into violations and also report them to the Department of Justice.
• Classifies breaking these rules as an unlawful practice under specific sections of Title 6.

Who It Names or Affects

• Nonprofit organizations that receive state grants or contracts.
• The Auditor of Accounts, who will check if nonprofits follow nonpartisan rules.
• The Secretary of State, who must investigate violations and report them to the Department of Justice.

Terms To Know

nonpartisanship

Not supporting or being influenced by any political party.

unlawful practice

An action that goes against the law and is considered illegal.

Limits and Unknowns

• The bill does not specify what happens if a nonprofit organization refuses to return misused funds.
• It is unclear how often the Auditor of Accounts will conduct reviews.
• There are no details on what actions the Department of Justice can take after receiving reports.

Official Summary Text

This Amendment to House Bill No. 392 does the following:
1) Changes the penalties for a violation to be: (1) ineligibility for state grants or contracts for a period of 5 years, and (2) return any misused funds to the source of those funds.
2) Changes the enforcement language to be more precise.
3) Deems a violation an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Ross Levin

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 392

AMEND House Bill No. 392 by deleting lines 28 through 31 in their entirety and inserting in lieu thereof the following:

“

(b) Any nonprofit organization found in violation of this section shall:

(1) Be ineligible for state grants or contracts for a period of 5 years.

(2) Return any misused funds to the source of those funds.

”.

FURTHER AMEND House Bill No. 392 by deleting lines 33 through 36 in their entirety and inserting in lieu thereof the following:

“

(a) The Auditor of Accounts must conduct periodic reviews of nonprofit grant recipients to ensure compliance with nonpartisanship requirements. Upon a finding of noncompliance with this chapter, the Auditor of Accounts must refer the matter to the Department of Justice.

(b) The Secretary of State must oversee compliance with this chapter and investigate alleged violations. Upon a finding of noncompliance with this chapter, the Secretary of State must refer the matter to the Department of Justice.

(c) A violation of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.

”.

SYNOPSIS

This Amendment to House Bill No. 392 does the following:

1) Changes the penalties for a violation to be: (1) ineligibility for state grants or contracts for a period of 5 years, and (2) return any misused funds to the source of those funds.

2) Changes the enforcement language to be more precise.

3) Deems a violation an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.