West Virginia 2022 Regular Session

West Virginia House Bill HB2838

Introduced
1/12/22  
Refer
1/12/22  
Refer
1/31/22  
Engrossed
3/1/22  
Refer
3/2/22  
Refer
3/2/22  
Report Pass
3/4/22  
Refer
3/4/22  
Report Pass
3/8/22  
Enrolled
3/11/22  
Passed
3/12/22  

Caption

Authorize the ordering of restitution to the state for reimbursement of costs incurred for misuse of public funds, and to create the State Auditor’s Public Integrity and Fraud Fund for use of said funds

Impact

The implementation of HB 2838 is expected to have a direct impact on state financial regulations, particularly in how misuse of public funds is handled throughout the state. By authorizing the ordering of restitution, it establishes a formal mechanism for recovering costs when public funds are misappropriated. This could potentially act as a deterrent against fraud, encouraging state employees and officials to adhere to ethical financial practices. The establishment of the Public Integrity and Fraud Fund will also provide a dedicated resource for investigations into misconduct, aiming to streamline the processes involved in enforcing financial integrity within state departments and agencies.

Summary

House Bill 2838 was introduced to amend and reenact several sections of the West Virginia Code related to state auditors and the management of special revenue funds. The bill specifically establishes provisions for ordering restitution to the state for costs incurred due to the misuse of public funds. A significant feature of the legislation is the creation of the State Auditor’s Public Integrity and Fraud Fund, which is designed to enhance the state’s ability to detect and prevent fraud. The fund will be supported by moneys deposited due to restitution, appropriations, and other funds as directed by the legislature. Aimed at increasing accountability, this bill bolsters the resources available for fraud detection and financial transparency in state governance.

Sentiment

The sentiment surrounding HB 2838 appears to be largely supportive among legislators, as it was passed unanimously with no opposition votes. Proponents argue that the bill strengthens accountability in public office and enhances the state’s capacity to combat fraud, ultimately fostering a more transparent government. However, some stakeholders may express concerns about the execution of the proposed fund, particularly regarding how effectively it will be utilized and whether it could lead to excessive scrutiny or overreach into governmental functions. Overall, the prevailing view seems to support the bill as a step forward in improving fiscal responsibility in West Virginia.

Contention

Notable points of contention likely relate to the operational aspects of the new fund and its oversight. While the bill proposes positive changes in transparency and accountability, questions about legislative appropriations to initial fund balances and governance on how the fund is spent may arise. Additionally, there could be concerns about the administrative workload for the State Auditor's office, as the increased focus on fraud prevention and the need for restitution could demand more resources and staffing to ensure effective implementation of the new provisions.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3250

To authorize restitution to victims of securities fraud and to create a fund for that purpose

WV SB91

Regards fraud, waste, and abuse of public funds

WV HB1089

State budget; revise provisions of several FY 23 funds and authorize reimbursement of certain costs of MDA.

WV HB4130

"Mississippi Student Funding Formula"; create to provide funding mechanism for public schools.

WV HB1315

State auditor; authorize investigative and audit costs incurred by contracted firms to be paid as percentage of the recovery.

WV HB4756

Relating to authorizing municipalities to create pension funding programs to reduce the unfunded liability of certain pension and relief funds

WV SB417

Relating to authorized expenditures of revenues from certain state funds for fire departments

WV HB4101

Relating to authorized expenditures of revenues from certain state funds for fire departments

WV HB1007

Prohibit use of the South Dakota public utilities commission gross receipts tax fund for reimbursement of costs incurred by the Public Utilities Commission.

WV HB475

A Bond And Capital Improvements Act Of The State Of Delaware And Certain Of Its Authorities For The Fiscal Year Ending June 30, 2025; Authorizing The Issuance Of General Obligation Bonds Of The State; Appropriating Funds From The Transportation Trust Fund; Authorizing The Issuance Of Revenue Bonds Of The Delaware Transportation Authority; Appropriating Special Funds Of The Delaware Transportation Authority; Appropriating General Funds Of The State; Reprogramming Certain Funds Of The State; Specifying Certain Procedures, Conditions And Limitations For The Expenditure Of Such Funds; And Amending Certain Statutory Provisions.

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