This Amendment to House Bill No.

Plain English Breakdown

The effective date is unknown as it depends on final legislative action or executive approval not shown in the source.

Amendment Changing Penalties for Nonprofit Violations

This amendment updates House Bill No. 392 to set specific penalties and enforcement steps for nonprofit organizations that break nonpartisanship rules.

What This Bill Does

• Makes nonprofits found in violation ineligible for state grants or contracts for 5 years.
• Requires violating groups to return any misused funds to the source of those funds.
• Directs the Auditor of Accounts to review grant recipients and refer noncompliance cases to the Department of Justice.
• Assigns the Secretary of State to oversee compliance, investigate violations, and refer findings to the Department of Justice.
• Classifies a violation as an unlawful practice under § 2513 of Title 6 and subchapter II of Chapter 25 of Title 6.

Who It Names or Affects

• Nonprofit organizations that receive state grants or contracts.
• The Auditor of Accounts who must conduct reviews.
• The Secretary of State who oversees compliance and investigations.
• The Department of Justice which receives referrals for violations.

Terms To Know

Nonpartisanship requirements

Rules that require organizations to stay neutral in political matters when using state funds, as referenced by the Auditor's review duties.

Unlawful practice

An action defined by law as illegal under § 2513 of Title 6 and subchapter II of Chapter 25 of Title 6.

Limits and Unknowns

• The text does not state the exact date this amendment will take effect.
• This document is an amendment to another bill, so it only changes specific parts of House Bill No. 392.

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.