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Introduced Version Senate Bill 475 History

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Senate Bill No. 475

(By Senators Unger, Plymale, D. Facemire and Minard)

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[Introduced February 9, 2011; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §11-6G-17 of the Code of West Virginia, 1931, as amended, relating to authorizing a subsidy of the cost of certain Class IV municipal audits and the cost of local government fraud examinations from the Interstate Commerce Disclosure Fund.

Be it enacted by the Legislature of West Virginia:

    That §11-6G-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6G. ASSESSMENT OF INTERSTATE PUBLIC SERVICE CORPORATION MOTOR VEHICLE BUSINESSES REGISTERED UNDER A PROPORTIONAL REGISTRATION AGREEMENT.

§11-6G-17. Operating fund for Interstate Commerce Disclosure Division in Auditor’s Office.

    The Auditor shall establish a special operating fund in the State Treasury for the Interstate Commerce Disclosure Division in his or her office. The Auditor shall pay into the fund two percent of the gross receipts of all moneys collected as provided for in this article. Up to one percent of the gross receipts shall be transferred to the Public Utilities Tax Loss Restoration Fund created in section twenty-seven, article six of this chapter. From the Interstate Commerce Disclosure Fund, the Auditor shall reimburse the Tax Division and the Division of Motor Vehicles for the actual operating expenses incurred in the performance of its duties required by this article. The reimbursements to the Tax Division and Division of Motor Vehicles from the fund shall may not exceed one third of one percent of the annual deposits to the fund. per agency Any moneys remaining in the special operating Interstate Commerce Disclosure Fund after reimbursement to the Tax Division and the Division of Motor Vehicles shall be used by the Auditor for funding the operation of the Interstate Commerce Disclosure Division located in his or her office, to subsidize $1,000 of the cost of Class IV municipal audits required in section eight, article nine, chapter six of this code for municipalities with total prior year general fund revenues of $100,000 or less as certified to the State Auditor pursuant to section twenty-six-a, article eight, chapter eleven of this code, and to subsidize the cost of examinations into special or unusual situations provided in subsection (o), section seven, article nine, chapter six of this code.

    The Interstate Commerce Disclosure Division is hereby granted authority and required to shall share any and all information obtained by the division in the implementation of this article with the State Auditor, Tax Commissioner and the Commissioner of Motor Vehicles to effectuate the collection of taxes and fees under this article. The Commissioner of Motor Vehicles is hereby authorized and required to shall share any and all information obtained by the Division of Motor Vehicles in the implementation of this article. The Commissioner of Motor Vehicles will shall supply to the Interstate Commerce Disclosure Division the names of, location or locations of and amount or amounts paid by West Virginia owners or operators of interstate motor vehicles registered under the terms of any proportional registration agreement. The Tax Commissioner is hereby authorized and required to shall share any and all information obtained by the Department of Tax and Revenue. The State Auditor and the Interstate Commerce Disclosure Division is hereby authorized and required to shall share any and all information obtained by the Auditor or the division.




    NOTE: The purpose of this bill is to authorize a subsidy of the cost of certain Class IV municipal audits and the cost of local government fraud examinations from the Interstate Commerce Disclosure Fund.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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