COMMITTEE SUBSTITUTE

FOR

H. B. 4397

(By Delegate Warner)


(Originating in the Committee on Finance)


[February 14, 2000]


A BILL to amend and reenact section four, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating financial reporting requirements of the auditor, supreme court of appeals and the secretary of state to recognize the electronic accounting control system.

Be it enacted by the Legislature of West Virginia:
That section four, article one, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.

§59-1-4. Fees collected by secretary of state, auditor and clerk of supreme court of appeals to be paid into state treasury; accounts; reports.

The fees to be charged by the auditor, secretary of state and clerk of the supreme court of appeals, by virtue of this article or any other law, shall be the property of the state of West Virginia, and they and each of them shall account for and pay into the state treasury at least once every thirty days all of such fees, by any of them collected, or appearing to be due to the state, to the credit of the general state fund. The auditor, secretary of state and clerk of the supreme court of appeals shall each keep a complete and accurate account by items of all fees collected by them, and the nature of the services rendered for which such all fees were charged and collected, in one or more well-bound books kept for the purpose, which books shall at all times be open for inspection and examination by the governor or any other state officer, or member of the Legislature, or any party interested in accordance with generally accepted accounting principles, as provided in article two, chapter five-a of this code, and all such accounts shall be open to inspection and audit as provided in article two, chapter four of this code.
The secretary of state, auditor and clerk of the supreme court of appeals shall each, within twenty days after the close of each month, make a report for the preceding month, in which each shall set out in detail every payment of money made to him, and show by whom it was paid, and for what purpose. The reports of the secretary of state and clerk of the supreme court of appeals shall be filed in the office of the auditor, and the report of the auditor shall be filed in the office of the secretary of state. If any of said officers shall fail to make and file such monthly report in any month within the time named, it shall be the duty of the officer in whose office it is required to be filed to report in writing the fact of such failure to the governor. All such reports shall be open to like inspection as is hereinbefore provided concerning the fee books of said officers. And each of said officers shall annually, in the annual report which he is required by law to make, report the aggregate of the fees so collected by him, and the amount paid over by him, as provided in this section, which report shall be sworn to.