H. B. 2080
(By Mr. Speaker, Mr. Kiss, and Delegates Frederick,
Michael and Rowe)
[Introduced January 13, 1999; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section twenty, article one, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to reports to the governor
from officers of the executive departments and state
institutions; requiring all state officers, boards,
commissions, departments and institutions to report to the
governor, speaker of the House and president of the Senate;
notice of disallowance or potential disallowance of federal
funds.
Be it enacted by the Legislature of West Virginia:
That section twenty, article one, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. THE GOVERNOR.
§5-1-20. Reports to the governor; form and contents;
transmission to the Legislature; special reports; reports of disallowance of federal funds.
The subordinate officers of the executive department and
the officers of all public institutions of the state shall make
an annual report to the governor as soon as possible after the
close of each fiscal year, notwithstanding any other provision of
law to the contrary. All state officers, boards, commissions,
departments and institutions required by law to make reports to
the governor, the Legislature, or any administrative board or
state official, shall cover fiscal year periods, and such the
reports shall be submitted in typewritten form or any legible
form produced by mechanical means.
The governor shall by executive order prescribe the general
contents of the reports to be submitted to him or her. The form
and format of such the reports shall be as prescribed in
section twenty-eight, article three, chapter five-a of this code.
The governor shall transmit copies of the report to the
Legislature and lodge a copy of all such the reports with the
department of archives and history where the same shall be kept
as permanent records.
The governor may at any time require information in writing under oath, from any officer, board, department or commission of
the executive department or the principal officer or manager of
any state institution, upon any subject relating to the
condition, management and expense of their respective offices or
institutions.
All state officers, boards, commissions, departments and
institutions which receive, manage or disperse federal funds in
connection with any state activity are required to report to the
governor, the speaker of the House and the president of the
Senate within sixty days of receipt of written notice of a
disallowance or potential disallowance of federal funds from any
department of the government of the United States, which
disallowance shall in any way affect or possibly affect the
fiscal condition of this state. The specific format and content
of such reports shall be prescribed by the governor by executive
order.
Note: The purpose of this bill is to require all executive
agencies to report to the Governor, Speaker of the House and
President of the Senate notices of disallowances or potential
disallowances of federal funds within sixty days of receipt
thereof.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.