HB4432 PS AM 2-17
Roskovensky 3338
The Committee on Political Subdivisions moves to amend the
bill on page 1, line 16, by striking everything after the enacting
clause and inserting in lieu thereof the following:
"
That §6-9-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §11-6G-17 of said code be amended
and reenacted; all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT.
§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 State Auditor under the provisions of this article as to:
(1) Any county or district office, officer or institution
shall be paid by the county commission of the county;
(2) The cost of any service or act to Any board of education
shall be paid by the board;
(3) (A) 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 $2,000 annually,
the cost, including the per diem and all actual costs and expenses
of the services, shall not exceed the sum of $60.
(B) (I) 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 $2,000 for services rendered to a Class III or a Class
IV municipality
(II) The gross receipts received from the Operating Fund for
Interstate Commerce Disclosure Division as provided in section
seventeen, article six-g, of chapter eleven of this code shall be
used to defray 37.5% of the cost of services performed for Class
III and Class IV municipalities on and after July 1, 2010.
(III) Provided, however, That The chief inspector may charge
up to an additional $2,000 for costs incurred for each service or
act performed for a utility or park system owned by a Class III or
Class IV municipality.
(IV) 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 (b) The chief inspector shall
provide a written quote for all costs in advance for all services
required by this article.
(c) 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.
(d) (1) 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.
(2) 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.
(f) 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) (e) 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.
CHAPTER 11. TAXATION.
ARTICLE 6G. ASSESSMENT OF INTERSTATE PUBLIC SERVICE CORPORATION
MOTOR VEHICLE BUSINESSES REGISTERED UNDER A PROPORTIONAL
REGISTRATION AGREEMENT.
§11-6G-17. Operating fund for the Interstate Commerce Disclosure
Division in Auditor's office.
(a) The Auditor shall establish a special operating fund in
the state treasury for the Interstate Commerce Disclosure Division
in his or her office.
(b) The auditor shall pay into the fund two four percent of
the gross receipts of all moneys collected as provided for in this
article.
(c) The auditor shall spend the fund as follows:
(1) Up to one percent of the gross receipts shall be
transferred to the Public Utilities Tax Loss Restoration Fund
created in section twenty-seven, article six of this chapter.
(2) Up to two percent of the gross receipts shall be
transferred to the Chief Inspector's Fund created in section eight,
article nine, chapter six of this code.
(3) From the fund, the auditor shall reimburse the tax
division and the division of motor vehicles for the actual
operating expenses incurred in the performance of its duties
required by this article. The reimbursements Reimburse to the Tax
Division and Division of Motor Vehicles from the fund shall in an
amount not exceed .3% of the annual deposits to the fund per
agency.
(4) Any moneys remaining in the special operating fund after
reimbursement to the tax division and the division of motor
vehicles shall be used by the Auditor for funding the operation of
the Interstate Commerce Disclosure Division located in his or her
office. shall be transferred to the Chief Inspector's Fund created
in section eight, article nine, chapter six of this code.
(d) The Interstate Commerce Disclosure Division is hereby
granted authority and required to shall share any and all
information obtained by the division in the implementation of this
article with the State Auditor, the Tax Commissioner and the
Commissioner of Motor Vehicles to effectuate the collection of
taxes and fees under this article. The Commissioner of Motor Vehicles is hereby authorized and required to shall share any and
all information obtained by the Division of Motor Vehicles in the
implementation of this article. The Commissioner of Motor Vehicles
will supply to the Interstate Commerce Disclosure Division the
names of, location or locations of and amount or amounts paid by
West Virginia owners or operators of interstate motor vehicles
registered under the terms of any proportional registration
agreement. The Tax Commissioner is hereby authorized and required
to shall share any and all information obtained by the Department
of tax and Revenue. The State Auditor and the Interstate Commerce
Disclosure Division is hereby authorized and required to shall
share any and all information obtained by the Auditor or the
division."