H. B. 2435



(By Mr. Speaker, Mr. Kiss (By Request))



[Introduced February 21, 2001; referred to the



Committee on Government Organization then Finance.]
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 the reports shall be prescribed
by the governor by executive order.




Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.