ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 649
(By Senators Tomblin, Mr. President, Craigo and Sprouse)
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[Originating in the Committee on Finance;
reported March 29, 2001.]
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A BILL to amend article three, chapter twelve of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten-f,
relating to requiring that a state spending unit submit a
receiving report to the state auditor when issuing a
requisition on the auditor in payment of a claim for
commodities; specifying contents of the report; requiring
report to accompany a claim for payment; specifying liability
of head of spending unit; and requiring promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twelve of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-f, to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10f. Receiving report required for commodities received.
(a) The head of each spending unit shall submit a receiving
report to the state auditor verifying the receipt of commodities by
a state spending unit. The receiving report shall be an internally
generated document, either written or prepared using electronic
media, that identifies commodities received. Commodities as
defined in this section include, but are not limited to, the
following: Materials, equipment, supplies, printing and automated
data processing hardware and software.
(b) The state officer or employee acting as head of each
spending unit is responsible for the completion and timely
submission of the receiving reports, which shall be prepared at the
original point of receipt of the commodities at the spending unit
by employees designated by the head of the spending unit to receive
the commodities and prepare the receiving reports. The receiving
reports shall include, but not be limited to, the following
information: The vendor's name, a description of and quantity of
commodities received, the date commodities are received, that the
commodities are acceptable for payment and a signed acknowledgment
of receipt by the employees receiving the commodities. The
receiving reports required by this section shall be prepared within twenty-four hours of the receipt of the commodities.
(c) The head of a spending unit may not issue a requisition on
the state auditor in payment of a claim for commodities received by
the spending unit unless the receiving report required by this
section accompanies the claim for payment. The head of a spending
unit is personally liable for a debt improperly incurred or for a
payment improperly made if the receiving report was not filed with
the state auditor as set forth in this section.
(d) The state auditor shall propose legislative rules for
promulgation in accordance with provisions of article three,
chapter twenty-nine-a of this code, to implement the provisions of
this section.