H. B. 2119
(By Delegate Warner)
[Introduced February 14, 2001; referred to the
Committee on Finance.]
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 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 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.
NOTE: The purpose of this bill is to update certain reports
issued to the auditor by the Supreme Court of Appeals and the
Secretary of State to be compatible with the electronic accounting
system in use by the State.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.