ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2823

(By Delegates Laird and Campbell)


[Passed March 13, 1998; in effect ninety days from passage.]



AN ACT to amend article two, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen-a, relating to special reports by spending units; requiring reports to be filed with the secretary of administration within ninety days of the end of each fiscal year; providing that reports detail pending activities that result in substantial unbudgeted contingent liabilities, which may have a substantial and material impact on future spending obligations; requiring secretary to file copies of reports with the legislative auditor; and authorizing the secretary of administration to prescribe forms and propose rules for implementing these requirements.

Be it enacted by the Legislature of West Virginia:
That article two, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen-a, to read as follows:
ARTICLE 2. FINANCE DIVISION.

§5A-2-19a. Special reports by spending units; notification of pending matters having impact on future expenditure requirements.

(a) Within ninety days following the end of each fiscal year, each spending unit within state government shall submit a detailed report and accounting of all substantial unbudgeted contingent liabilities that may have a substantial and material impact on spending obligations in subsequent fiscal years. Each report is to include, but not be limited to, pending legal actions, unresolved audit findings and any other activities that are reasonably predicted to have an impact on future expenditures by the state.
(b) All reports are to be submitted to the secretary on forms and in the manner prescribed by the secretary. Within thirty days of receipt of each final report, the secretary shall forward a copy to the joint committee on government and finance.
(c) The secretary shall propose for promulgation all rules required for the implementation of this section in accordance with the provisions of article three, chapter twenty-nine-a of this code. The rules are to include, but not be limited to, definitions of the types of substantial unbudgeted contingent liabilities that are reportable under the provisions of this section.