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.