H. B. 3022
(By Delegates Michael, Kelley, Mezzatesta,
Proudfoot, Ashley, Miller and Hall )
(Originating in the House Committee on Finance)
[March 1, 1999]
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 volunteer and part volunteer fire companies
and departments; permitting volunteer and part volunteer fire
companies and departments
to expend moneys received from the
municipal pensions and protection fund and the fire protection
fund on fuel, oil and direct operating expenses of emergency
vehicles; increasing criminal penalties; deleting the
requirement that volunteer fire departments
pay a filing fee
of seventy-five dollars when the volunteer fire departments
file their annual statement of expenditures; and providing
that volunteer fire departments
will be audited on a random
basis.
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
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;
(f) Retirement of debts;
(g) Payment of utility bills;
(h) Payment of the cost of immunizations, including any
laboratory work incident thereto, 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) Fuel, oil and direct operating costs of the emergency
vehicles operated by volunteer and part volunteer fire companies
and departments.
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.
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
show that the funds or grants were spent for the purposes intended
when the grant was made. 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 volunteer fire department elects not to be
audited. The sworn statement of expenditures must be signed by the
chief or director of the volunteer fire department, and shall be
made under oath and acknowledged before a notary public. The
office of the legislative auditor may assign an employee or
employees to perform audits per the direction of the legislative
auditor of the disbursement of funds or grants to volunteer fire
departments. These audits shall be made on a random basis.
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 two thousand
dollars nor more than five ten thousand dollars, or imprisoned in
the state penitentiary for a period of time not less than one year
three years nor more than five years, or both fined and imprisoned.