H. B. 3022

(By Delegates Michael, Kelley, Mezzatesta,

Proudfoot, Ashley, Miller and Hall )

(Originating in the House Committee on Finance)

[March 1, 1999]





A Bill to amend and reenact section eight-b, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section fourteen, article four, chapter twelve of said code , all relating to volunteer and part volunteer fire companies and departments; permitting volunteer and part volunteer fire companies and departments to expend moneys received from the municipal pensions and protection fund and the fire protection fund on fuel, oil and direct operating expenses of emergency vehicles; increasing criminal penalties; deleting the requirement that volunteer fire departments pay a filing fee of seventy-five dollars when the volunteer fire departments file their annual statement of expenditures; and providing that volunteer fire departments will be audited on a random basis.

Be it enacted by the Legislature of West Virginia:
That section eight-b, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section fourteen, article four, chapter twelve of said code be amended and reenacted, all to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
 §8-15-8b. Authorized expenditures of revenues from the municipal pensions and protection fund and the fire protection fund.
Revenues allocated to volunteer and part volunteer fire companies and departments may be expended only for the items listed in subdivisions (a) through (j) (k) of this section. Such expenditures may be made for the following:
(a) Personal protective equipment, including protective head gear, bunker coats, pants, boots, combination of bunker pants and boots, coats and gloves;
(b) Equipment for compliance with the national fire protection standard or automotive fire apparatus, NFPA-1901;
(c) Compliance with insurance service office recommendations relating to fire departments;
(d) Rescue equipment, communications equipment and ambulance equipment: Provided, That no moneys received from the municipal pensions and protection fund or the fire protection fund may be used for equipment for personal vehicles owned or operated by volunteer fire company or department members;
(e) Capital improvements reasonably required for effective and efficient fire protection service and maintenance thereof;
(f) Retirement of debts;
(g) Payment of utility bills;
(h) Payment of the cost of immunizations, including any laboratory work incident thereto, for firefighters against hepatitis-b and other blood borne pathogens: Provided, That the vaccine shall be purchased through the state immunization program or from the lowest cost vendor available: Provided, however, That volunteer and part volunteer fire companies and departments shall seek to obtain no cost administration of the vaccinations through local boards of health: Provided further, That in the event any volunteer or part volunteer fire company or department is unable to obtain no cost administration of the vaccinations through a local board of health, the company or department shall seek to obtain the lowest cost available for the administration of the vaccinations from a licensed health care provider;
(i) Any filing fee required to be paid to the legislative auditor's office under section fourteen, article four, chapter twelve of this code relating to sworn statements of annual expenditures submitted by volunteer or part volunteer fire companies or departments that receive state funds or grants; and
(j) Property/casualty insurance premiums for protection and indemnification against loss or damage or liability.; and
(k) Fuel, oil and direct operating costs of the emergency vehicles operated by volunteer and part volunteer fire companies and departments.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 4. ACCOUNTS, REPORTS AND GENERAL PROVISIONS.

 §12-4-14. Audits of corporations, associations or other organizations which receive state funds or grants.
Any corporation, association or other organization in West Virginia, whether nonprofit or for profit, which receives state funds or grants in the amount of fifteen thousand dollars or more shall file an audit of the disbursement of funds with the legislative auditor's office. The audit shall be filed within two years of the disbursement of funds or grants by the grantee and shall be made by an independent certified public accountant at the cost of the corporation, association or other organization and must show that the funds or grants were spent for the purposes intended when the grant was made. Audits of state funds or grants under fifteen thousand dollars may be authorized by the joint committee on government and finance to be conducted by the legislative auditor's office, at no cost to the grantee: Provided, That volunteer fire departments will satisfy the audit requirements of this section by submitting a sworn statement of annual expenditures to the legislative auditor's office, along with a filing fee of seventy-five dollars, on or before the fourteenth day of February of each year, if such volunteer fire department elects not to be audited. The sworn statement of expenditures must be signed by the chief or director of the volunteer fire department, and shall be made under oath and acknowledged before a notary public. The office of the legislative auditor may assign an employee or employees to perform audits per the direction of the legislative auditor of the disbursement of funds or grants to volunteer fire departments. These audits shall be made on a random basis. Filing fees paid by volunteer fire departments pursuant to this section shall be paid into a special revenue account created in the state treasury known as the "Special Legislative Audit Fund". Expenditures from the fund are authorized to be made by the legislative auditor's office solely for the purposes of payment of costs associated with the audits conducted pursuant to this section. Any person who files a fraudulent sworn statement of expenditures under this section is guilty of a felony and, upon conviction thereof, shall be fined not less than one two thousand dollars nor more than five ten thousand dollars, or imprisoned in the state penitentiary for a period of time not less than one year three years nor more than five years, or both fined and imprisoned.