H. B. 4328
(By Delegates Boggs, Caputo)
[Introduced February 4, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §4-1-23 of the Code of West Virginia,
1931, as amended, relating to reports that are supposed to be
filed with 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; requiring copies of the reports to be submitted to
the Legislative Librarian; requiring the copies to be
submitted on electronic media or by way of the Internet; and
providing that failure to comply is nonfeasance.
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 to read as follows:
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
state officer, person, office, agency, commission or
board required by any section of this code to provide
an annual a
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
in addition submit
a copy of the report to the Legislative
Librarian and
may shall submit
it the copy on electronic media to
be filed in the
same manner
as a printed annual report required by
the Legislative Manager, or transmitted electronically
via by way
of the Internet.
Any report filed in an electronic format shall be
considered as having satisfied the filing requirements.
(b) If 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 be submitted on electronic media or transmitted
electronically via the Internet.
(b) Failure to comply with this section is nonfeasance.
NOTE: The purpose of this bill is to establish centralized
filing system for reports required to be filed with 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. Centralized
filing will enable the reports to be made publicly available and
tracked to ensure that required reports have been filed. The bill
also requires the copies of the reports to be filed on electronic
media or by way of the Internet and that failure to comply with its
provisions is nonfeasance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.