Current through Register Vol. XLI, No. 50, December 13, 2024
Section 155-9-2 - Definitions2.1. "Agreed upon procedures engagement" means an agreement between a grantee or subgrantee and an independent certified public accountant to prepare a report required under this section, where the grantor who awarded the state grant is required to agree to the procedures performed in addition to the grantee or subgrantee and the independent certified public accountant performing the engagement.2.2. "Examination engagement" means an agreement between a grantee or subgrantee and an independent certified public accountant to prepare a report required under this section, where the independent certified public accountant makes all judgements on the extent of testing necessary in order for said independent certified public accountant to render his or her opinion as to whether the state grants were spent as intended. 2.3 "Person" includes any spending unit, local government, corporation, partnership, association, individual, or other legal entity.2.4. "Receipts" means the amount of state grants actually received by a grantee within a State fiscal year.2.5. "State grant" means funding provided by a state spending unit, regardless of the original source of the funds, to a person upon application for a specific purpose. With regard to the amount of state grant funds which require compliance with this section, the receipt or disbursement of state grants means the amount of state grant funds actually received by a grantee within a State fiscal year, and does not mean the total amount of state grants awarded but not yet paid out to a grantee within a State fiscal year. The term "state grant" does not include: (A) payments for goods and services purchased by a state spending unit;(B) compensation to state employees and public officials;(C) reimbursements to state employees and public officials for travel or incidental expenses;(D) grants of student aid;(E) government transfer payments;(F) direct benefits provided under state insurance and welfare programs;(G) funds reimbursed to a person for expenditures made for qualified purposes when receipts for the expenditures are required prior to receiving the funds, and where the receipts for the expenditures evidence that the person has actually expended the funds for a good or service and not merely taken possession of the good or received the service: Provided, That notwithstanding the provisions of this subdivision, funding provided pursuant to W.Va. Code § 5B-2-12 is included within the term "state grant";(H) retirement benefits; and(I) federal pass-through funds that are subject to the federal Single Audit Act Amendments of 1996, 31 U. S. C. 7501, et seq.(J) formula distributions to volunteer and part-volunteer fire departments made pursuant to W. Va. Code ''33-3-14d, 33-3-33, and 33-12C-7 or money received from the Fire Service Equipment and Training Fund as provided in § 29-3-5 f of this code.