
Senate Bill No. 508
(By Senators Tomblin, Mr. President,
Craigo, Sprouse and Walker)
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[Introduced February 16, 2000; referred to the Committee
on Finance.]
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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 state funds received by volunteer and part
volunteer fire companies and departments; allowing funds to be
expended on operating expenses; prohibiting the commingling of
state funds with other funds; requiring cooperation with the
legislative auditor; allowing the joint committee on
government and finance to determine the amount of the annual
expenditure filing fee; providing penalties for not filing
statement of annual expenditures and filing late; and requiring the state auditor to audit state funds received by
volunteer and part volunteer fire companies and departments
under certain circumstances.
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
Funds received from the state for volunteer and part volunteer
fire companies and departments, pursuant to sections fourteen-d and
thirty-three, article three, and section sixteen-a, article twelve, all of chapter thirty-three of this code, may not be commingled
with funds received from any other source. 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 of the
capital improvements;
(f) Retirement of debts;
(g) Payment of utility bills;
(h) Payment of the cost of immunizations, including any laboratory work incident thereto to the immunizations, 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) Operating expenses, which include, but are not limited to, gasoline, bank fees, postage and accounting costs.
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.

(a) 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
shall show that the funds or grants were spent for the purposes
intended when the grant was made.

(b) 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
the volunteer fire department elects not to be audited. The sworn
statement of expenditures must shall be signed by the chief or
director of the volunteer fire department, and shall be made under
oath and acknowledged before a notary public. An additional filing
fee of twenty-five dollars shall be included with the sworn
statement of annual expenditures if the statement is submitted
after the fourteenth day of February and on or before the fifteenth
day of March. An additional filing fee of fifty dollars shall be
included with the sworn statement of annual expenditures if the
statement is submitted after the fifteenth day of March and on or
before the fifteenth day of April. If the sworn statement is not
submitted on or before the fifteenth day of April the volunteer
fire department shall file an audit of the disbursement of funds,
made by an independent certified public accountant, with the
legislative auditor's office no later than the first day of July.
The audit shall be made at the cost of the volunteer fire
department. If the audit made by the independent certified public
accountant is not filed with the legislative auditor by the first
day of July, the legislative auditor shall notify the state treasurer who shall withhold payment of one thousand dollars from
any amount that would otherwise be distributed to the fire
department under the provisions of sections fourteen-d and thirty-
three, article three, and section sixteen-a, article twelve, all of
chapter thirty-three of this code. If the volunteer fire
department does not timely file a sworn statement of annual
expenditures or an audit of the disbursement of funds, made by an
independent certified public accountant, with the legislative
auditor's office for three consecutive years, the legislative
auditor shall notify the state treasurer who shall withhold payment
of any amount that would otherwise be distributed to the fire
department under the provisions of sections fourteen-d and
thirty-three, article three, and section sixteen-a, article twelve,
all of chapter thirty-three of this code.

(c) The office of the legislative auditor may assign an
employee or employees to perform audits per at the direction of the
legislative auditor of the disbursement of funds or grants to
volunteer fire departments. The volunteer fire department shall
cooperate with the legislative auditor, the legislative auditor's
employees and the state auditor in performing their duties under
this section. If the legislative auditor determines a volunteer fire department is not cooperating, the legislative auditor shall
notify the state treasurer who shall withhold payment of any amount
that would otherwise be distributed to the fire department under
the provisions of sections fourteen-d and thirty-three, article
three, and section sixteen-a, article twelve, all of chapter
thirty-three of this code, until the legislative auditor informs
the treasurer that the fire department has cooperated as required
by this section.

(d) 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 thousand
dollars nor more than five thousand dollars, or imprisoned in the
state penitentiary a state correctional facility for a period of
time not less than one year nor more than five years, or both fined
and imprisoned.

(e) Whenever the state auditor performs an audit of a
volunteer fire department for any purpose the auditor shall also
conduct an audit of other state funds received by the fire
department pursuant to sections fourteen-d and thirty-three,
article three, and section sixteen-a, article twelve, all of
chapter thirty-three of this code. The auditor shall send a copy
of the audit of those other funds to the legislative auditor. The
legislative auditor may accept an audit performed by the auditor in
lieu of performing an audit under this section.
NOTE: The purpose of this bill is to prohibit the commingling
of certain state funds received by volunteer and part volunteer
fire companies and departments with other funds, allow certain
funds to be expended for operating expenses, require cooperation
with the Legislative Auditor and State Auditor in performing
audits, allow the Joint Committee on Government and Finance to
determine the amount of the annual expenditure filing fee, to
provide penalties for untimely filing of statements of annual
expenditures and require the Auditor to audit state funds received
by volunteer and part volunteer fire companies and departments
under certain circumstances.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.