H. B. 2658
(By Delegates Boggs, Butcher, Manypenny,
Martin, D., Poling, Rowan,
Skaff and Swartzmiller)
[Introduced January 13, 2010; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §4-1-23 of the Code of West Virginia,
1931, as amended; to amend and reenact §5-1-20 of said code;
and to amend and reenact §30-1-17 of said code, all relating
to requiring state offices, agencies, boards and commissions
to submit annual reports electronically; and requiring
electronic copies to be submitted to the Legislative Manager
in certain circumstances.
Be it enacted by the Legislature of West Virginia:
That §4-1-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §5-1-20 of said code be amended and
reenacted; and that §30-1-17 of said code be amended and reenacted,
all to read as follows:
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.
(a) 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 and
may shall also submit it on
electronic media to be filed in the same manner as a printed annual
report, or transmitted electronically via the Internet. Any report
filed in an electronic format shall be considered as having
satisfied the filing requirements.
(b)
If When an office, agency, commission or board submits its
annual report electronically, it shall transmit an electronic copy
to the Legislative Manager.
(c) All audit reports shall be submitted to the Legislative
Manager and
may shall also be submitted on electronic media or
transmitted electronically via the Internet.
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.
(a) The secretaries 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.
(b) 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.
(c) Annual reports shall be submitted in typewritten form, any
legible form produced by mechanical means, on electronic media, to
be filed in the same manner as a printed annual report, or
transmitted electronically via the Internet. Any annual report
filed in an electronic format shall be considered as having
satisfied the filing requirements.
(d) 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 the reports shall be as prescribed in this code.
(e) The Governor shall transmit, and
may shall also do so
electronically, copies of the report to the Legislature and provide
a copy of all such reports with the Division of Archives and
History where the reports shall be kept as permanent records.
(f) All annual reports to the Legislature shall be submitted,
and
may do so shall also be submitted electronically, to the
Legislative Librarian.
(g) 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.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-17. Annual reports.
(a) A licensing board, organized under the provisions of this
chapter, may submit its annual report on electronic media to be
filed in the same manner as a printed annual report, or transmitted
electronically via the Internet. Any report filed in an electronic
format shall be considered as having satisfied the filing
requirements.
(b)
If a A board
chooses to submit its annual report
electronically, it shall
also transmit an electronic copy
of its
annual report to the Legislative Manager.
NOTE: The purpose of this bill is to require state offices,
agencies, boards and commissions to submit annual reports
electronically with electronic copies also submitted to the
Legislative Manager in certain circumstances.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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