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Introduced Version Senate Bill 520 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 520

(By Senators Bowman, McCabe, Stollings and Plymale)

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[Introduced February 10, 2010; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §5A-2-33 of the Code of West Virginia, 1931, as amended, relating to the financial accounting and reporting section of the Finance Division of the Department of Administration; and the powers and duties of the comptroller to give the authority to take actions necessary to require audited and unaudited agencies to comply with the deadlines set forth for the preparation of the comprehensive annual financial report.

Be it enacted by the Legislature of West Virginia:
That §5A-2-33 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. FINANCE DIVISION.
§5A-2-33. Financial accounting and reporting section; comptroller; powers and responsibilities.

The financial accounting and reporting section created under section one of this article shall be under the control and supervision of a comptroller. The provisions of this section shall apply to all component units of state government, as defined by generally accepted accounting principles.
The comptroller, under the direction and supervision of the director of the Finance Division, has the power and responsibility to:
(1) Maintain financial records supporting the comprehensive annual financial report required under subsection (8) of this section, in accordance with generally accepted accounting principles;
(2) Maintain the official chart of accounts of the state;
(3) Maintain the centralized accounting system;
(4) Maintain the statewide accounting policies and procedures;
(5) Direct the establishment and maintenance of an adequate internal control structure by the various component units of state government;
(6) Verify the periodic reconciliation of assets as reported by the Board of Investments and Budgetary Fund balances as reported by the State Auditor;
(7) Issue management financial reports by component unit and department, as well as consolidated management financial reports, as follows:
(a) (A) Monthly budgetary basis reports by revenue and expense, budget compared to actual, and encumbrances; and
(b) (B) Financial position reports, including, but not limited to, cash, investments, indebtedness, obligations and accounts payable.
(8) Issue a comprehensive annual financial report in accordance with generally accepted accounting principles;
(9) Have the general purpose financial statements of the state audited annually by independent certified public accountants;
(10) Require the state pension systems, workers' compensation commission funds, Public Employees Insurance Agency, Board of Risk and Insurance Management and the various other component units of the state to prepare financial statements audited by independent certified public accountants and submit the audited financial statements to the financial accounting and reporting section in the form and within the time frames established by the financial accounting and reporting section. In addition, unaudited agencies included in the comprehensive annual financial report shall submit required information in the form and within the time frames established by the financial accounting and reporting section: Provided, That if any agency included in the comprehensive annual financial report, audited or unaudited, fails to provide financial information by the required deadlines, the State Comptroller shall notify the State Auditor and the Director of the Budget Division of the Department of Revenue who shall employ whatever means necessary, including the withholding of allotments, the withholding of any funds payable to the agency, or the refusal to honor salary claims for agency fiscal and executive staff, or all of these, to ensure immediate corrective actions;
(11) Maintain controls over access to the centralized accounting system and the required modifications, as well as edits, controls and tables;
(12) Promulgate legislative rules in accordance with article three, chapter twenty-nine-a of this code to effectuate the intent and purpose of this section: Provided, That such rules may initially be implemented by emergency rule; and
(13) Do all things necessary and convenient to maintain the centralized accounting system, to issue financial reports of the state and to carry out its powers and responsibilities.


NOTE: The purpose of this bill is to give authority to the Finance Division, the State Auditor and the Budget Section of the Division of Revenue to take actions necessary to assure audited and unaudited agencies included in the comprehensive annual financial report comply with all deadlines established by the Finance Division of the Department of Administration.

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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