ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 409
(Senators Chafin, Redd and Fanning, original sponsors)
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[Passed March 9, 2002; in effect from passage.]
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AN ACT to amend and reenact section eight, article nine, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to providing for the chief
inspector, pursuant to his or her statutory supervision of
local government offices in the state, to transfer an amount
not to exceed four hundred thousand dollars to the special
operating fund in the securities division of the auditor's
office; and establishing a date certain by which such amount
or amounts must be transferred.
Be it enacted by the Legislature of West Virginia:
That section eight, article nine, chapter six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, to read as follows:
ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.
§6-9-8. Payment of cost of services of chief inspector; revolving
fund.
(a) The cost of any service or act performed by the chief
inspector under the provisions of this article as to any county or
district office, officer or institution shall be paid by the county
commission of the county; the cost of any service or act to any
board of education shall be paid by the
board; the cost of any
service or act to any municipal corporation shall be paid by the
authorities of the municipal corporation: Provided, That in
municipalities in which the total revenue from all taxes does not
exceed the sum of two thousand dollars annually, the cost including
the per diem and all actual costs and expenses of the services
shall not exceed the sum of sixty dollars. The cost of this
service shall be the actual cost and expense of the service
performed, including transportation, hotel, meals, materials, per
diem compensation of deputies, assistants, clerical help and the
other costs that are necessary to enable them to perform the
services required, but the costs shall not exceed the sum of two
thousand dollars for services rendered to a Class III or a Class IV
municipality: Provided, however, That the chief inspector may
charge up to an additional two thousand dollars for costs incurred
for each service or act performed for a utility or park system
owned by a Class III or Class IV municipality: Provided further,
That if a municipality is required to undergo a single audit by the
federal agency or agencies making a grant, the cost limitations of
this subsection do not apply: And provided further, That the chief
inspector shall provide a written quote for all costs in advance
for all services required by this article. The chief inspector shall render to the agency liable for the cost a statement of the
cost as soon after the cost was incurred as practicable and the
agency shall allow the cost and cause it to be paid promptly in the
manner that other claims and accounts are allowed and paid and the
total amount constitutes a debt against the local agency due the
state. Whenever there is in the state treasury a sum of money due
any county commission, board of education or municipality from any
source, upon the application of the chief inspector, the sum shall
be at once applied on the debt against the county commission, board
of education or municipality and the fact of
the
application of
the
fund shall be reported by the auditor to the county commission,
board of education or municipality, which report shall be a receipt
for the amount named in the report. All money received by the
chief inspector from this source shall be paid into the state
treasury, shall be deposited to the credit of an account to be
known as chief inspector's fund and shall be expended only for the
purpose of covering the cost of
the
services, unless otherwise
directed by the Legislature. The cost of any examination, service
or act by the chief inspector made necessary, or
the
part thereof
that was made necessary, by the willful fault of any officer or
employee, may be recovered by the chief inspector from
that
person,
on motion, on ten days' notice in any court having jurisdiction.
(b) For the purpose of permitting payments to be made at
definite periods to deputy inspectors and assistants for per diem
compensation and expenses, there is hereby created a revolving fund
for the chief inspector's office. The fund shall be accumulated and administered as follows:
(1) There shall be appropriated from the state general revenue
fund the sum of twenty-five thousand dollars to be transferred to
this fund to create a revolving fund which, together with other
payments into this fund as provided in this article, shall
constitute a fund to defray the cost of this service;
(2) Payments received for the cost of services of the chief
inspector's office and interest earned on the invested balance of
the chief inspector's revolving fund shall be deposited into this
revolving fund, which shall be known as the chief inspector's fund;
(3) Any appropriations made to this fund may not be considered
to have expired at the end of any fiscal period; and
(4) The chief inspector may transfer an amount not to exceed
four hundred thousand dollars from the chief inspector's fund to
the special operating fund created in article four, chapter thirty-
two of this code: Provided, That any transfers shall be completed
prior to the first day of July, two thousand three.