H. B. 4083
(By Delegates Douglas and Martin)
[Introduced January 19, 2000; referred to the
Committee on Government Organization.]
A BILL to amend article one, chapter four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-three; to amend and reenact section twenty, article
one, chapter five of said code; and to amend and reenact
section twelve, article one, chapter thirty of said code,
all relating to annual reports, requiring that annual
reports to be submitted by agencies, commissions and boards
to the Legislature, legislative manager, legislative
auditor, president of the Senate and speaker of the House of
Delegates or the joint committee on government and finance
be sent to the legislative librarian.
Be it enacted by the Legislature of West Virginia:
That article one, chapter four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-three;
that section twenty, article one, chapter five of said code be
amended and reenacted; and that section twelve, article one,
chapter thirty of said code be amended and reenacted, all to read
CHAPTER 4. THE LEGISLATURE.
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM
MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-23. Annual reports to be sent to the legislative librarian.
Any office, agency, commission or board required by any
section of this code to provide an annual report to the
Legislature, legislative manager, legislative auditor, the
president of the Senate and the speaker of the House of Delegates
or the joint committee on government and finance, shall submit
the report to the legislative librarian. All audit reports shall
be submitted to the legislative manager.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 1. THE GOVERNOR.
§5-1-20. Reports to the governor; form and contents;
transmission to the Legislature; special reports.
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 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. The form and
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 reports with the
department of archives and history where the same shall be kept
as permanent records. All annual reports to the Legislature
shall be submitted to the legislative librarian.
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
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN
§30-1-12. Record of proceedings; register of applicants;
certified copies of records prima facie evidence;
report to governor and Legislature; public
(a) The secretary of every board shall keep a record of its
proceedings and a register of all applicants for license or
registration, showing for each the date of his or her
application, his or her name, age, educational and other
qualifications, place of residence, whether an examination was
required, whether the applicant was rejected or a certificate of
license or registration granted, the date of this action, the
license or registration number, all renewals of the license or
registration, if required, and any suspension or revocation
thereof. The books and register of the board shall be open to
public inspection at all reasonable times, and the books and
register, or a copy of any part thereof, certified by the
secretary and attested by the seal of the board, shall be prima facie evidence of all matters recorded therein.
(b) On or before the first day of January of each year in
which the Legislature meets in regular session, the board shall
submit to the governor and to the
librarian a report of its transactions for the preceding two
years, an itemized statement of its receipts and disbursements
for that period, a full list of the names of all persons licensed
or registered by it during that period, statistical reports by
county of practice, by specialty if appropriate to the particular
profession, and a list of any complaints which were filed against
persons licensed by the board, including any action taken by the
board regarding those complaints. The report shall be certified
by the president and the secretary of the board, and a copy of
the report shall be filed with the secretary of state.
(c) To promote public access, the secretary of every board
shall ensure that the address and telephone number of the board
are included every year in the state government listings of the
Charleston area telephone directory. Every board shall regularly
evaluate the feasibility of adopting additional methods of
providing public access, including, but not limited to, listings
in additional telephone directories, toll-free telephone numbers,
facsimile and computer-based communications.
NOTE: This bill would require that all annual reports to the
Legislature be submitted to the legislative librarian.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§4-1-23 is new; therefore, strike-throughs and underscoring
have been omitted.