Senate Bill No. 540
(By Senator Chafin)
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[Introduced February 7, 2002; referred to the Committee
on Finance.]
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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 to transfer a certain amount to the
special fund provided for under the uniform securities act to
be used to fund the operations of the securities division of
the auditor's office; and increasing the hours of credit in
the business intern program provided for that may be earned by
students pursuing a graduate degree in business from two hours
to three.
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.
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 to any board of
education shall be paid by the board; the cost thereof as to any
municipal corporation shall be paid by the authorities thereof:
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 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 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 as soon after the same was incurred as
practicable and it shall be the duty of the agency to allow the
same 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 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 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. 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 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.
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 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.
(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: Provided, That any such transfers 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 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.
NOTE: The purpose of this bill is to
provide for the chief
inspector (i.e., tax commissioner) to transfer a certain amount to
the special fund provided for under the West Virginia code
§32-4-406 which is designated for use by the auditor to fund the
operation of the securities division. It, additionally, increases
the hours of credit that may be earned under the business intern
program for students pursuing a graduate degree in business from
two to three hours.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.