COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 409
(By Senators Chafin, Redd and Fanning)
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[Originating in the Committee on Finance;
reported February 21, 2002.]
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A BILL to amend and reenact sections eight and twelve, article
nine, chapter six of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all 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; establishing a date certain by which
such amount or amounts must be transferred; and increasing the
hours of credit for the intern program for students pursuing
a graduate degree in business.
Be it enacted by the Legislature of West Virginia:
That sections eight and twelve, article nine, chapter six of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all 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 thereof as of any service or act
to any board of education shall be paid by the
board; the cost
thereof as of any service or act to any municipal corporation shall
be paid by the authorities thereof 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 as may be 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 foregoing 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 thereof of the cost as soon after the same
cost was incurred as practicable and it shall be the duty of the
agency to shall allow the same cost and cause it to be paid
promptly in the manner that other claims and accounts are allowed
and paid and the
total amount shall constitute 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 same sum shall be at once applied on the
debt aforesaid 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 therein 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
as 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 fund 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.
§6-9-12. Business intern program.
Beginning the first day of July, two thousand two, the chief
inspector shall develop in conjunction with the graduate business
programs at West Virginia university and Marshall university an intern program which utilizes uses students pursuing a graduate
degree in business, economics or accounting to assist in the
auditing function of the office of the chief inspector. This
program shall provide that those students who satisfactorily
complete the program shall receive up to two three hours credit
toward their degree.