Bill Text: WV HB4396 | 2020 | Regular Session | Enrolled
Bill Title: Relating to reporting suspected governmental fraud
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2020-04-15 - Chapter 73, Acts, Regular Session, 2020 [HB4396 Detail]
Download: West_Virginia-2020-HB4396-Enrolled.html
WEST virginia legislature
2020 regular session
ENROLLED
House Bill 4396
By Delegates Barnhart, Foster, Anderson, C. Martin, Bartlett, D. Jeffries, Azinger, Campbell, Howell, Hartman and Fast
[Passed March 4, 2020; in effect ninety days from passage.]
AN ACT to amend and reenact §7-1-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-1-9, all relating generally to the Commission on Special Investigations and the State Auditor being informed of fraud and misappropriations by county and municipal governments.
Be it enacted by the Legislature of West Virginia:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-16. Reporting of fraud and misappropriation of funds.
(a) Whenever a county commission, or any of a county’s boards, committees, or any other entities of any kind or nature authorized in this chapter, obtains information that an employee, officer or member of the county commission, or any of a county’s boards, committees, or any other entities of any kind or nature authorized in this chapter may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, the county commission, or the county’s board, committee, or other entity authorized in this chapter shall timely report that information or allegation in writing to the county prosecutor’s office, the Legislature’s Commission on Special Investigations and the State Auditor.
(b) The reporting of the information under subsection (a) of this section does not prevent, relieve or replace a report to a law-enforcement agency, if appropriate or warranted.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.
§8-1-9. Reporting of fraud and misappropriations of funds.
(a) Whenever a governing body for a municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter, obtains information that an employee, officer, or member of the municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, the governing body for a municipality, or the municipality’s board, committee, or other entity authorized in this chapter shall timely report that information or allegation in writing to the county prosecutor’s office, the Legislature’s Commission on Special Investigations and the State Auditor.
(b) The reporting of the information under subsection (a) of this section does not prevent, relieve or replace a report to a law-enforcement agency, if appropriate or warranted.
