HOUSE CONCURRENT RESOLUTION NO. 75
(By Delegates Amores, Beane and L. White)
Requesting the Joint Committee on Government and Finance to make
a study of certain acts of misuse of nonfederal funds of
state and local government agencies, boards, commissions,
authorities and quasi-public corporations.
Whereas, Various state and local government agencies, boards,
commissions, authorities and quasi-public corporations receive
nonfederal grants, gifts and appropriations of funds which, in
many instances, are dedicated to use for a particular purpose;
and
Whereas, The Legislature has received reports of instances
of misuse and manipulation of such funds and "insider trading"
which would constitute intentional misapplication of such funds
arising to the offense of "Theft or bribery concerning programs
receiving Federal funds," pursuant to 18 U.S.C. §666 if the funds
had been Federal funds; however, such actions involving only
state, local or private funds of state and local government
agencies, boards, commissions, authorities and quasi-public
corporations do not constitute a criminal offense pursuant to the laws of the State of West Virginia; and
Whereas, The actions by state and local government agencies,
boards, commissions, authorities and quasi-public corporations
are wrongful and should constitute a criminal offense under the
laws of the State in a similar manner as provided for the
intentional misappropriation of Federal funds as aforesaid; and
Whereas, These practices should be examined and analyzed with
the purpose of promulgating legislation designed to prohibit and
criminalize such practices and actions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint a joint interim committee of the Senate and
House of Delegates, consisting of five members of the Senate, to
be designated by the president of the Senate, and five members of
the House of Delegates, to be designated by the speaker of the
House of Delegates, to study the misuse of nonfederal funds by
state and local government agencies, boards, commissions,
authorities and quasi-public corporations including, but not
limited to, "insider trading" by members of such entities which
constitute intentional misuse of such funds, intentional misuse
of such funds which would constitute a violation of 18 U.S.C.
§666 if such funds were Federal funds, and with particular regard
to the matters referred to in this resolution; and, be it
Further Resolved, That the committee report to the regular
session of the Legislature, 2000, on its findings, conclusions
and recommendations, together with drafts of any legislation
necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.