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


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-

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.

WVC 5 - 1 D-

ARTICLE 1D. GOVERNOR'S OFFICE OF FISCAL RISK ANALYSIS AND

MANAGEMENT.







WVC 5 - 1 D- 1

§5-1D-1. Findings and purposes.

The Legislature finds and declares that fiscal risk analysis

and management is essential to finding practical solutions to the

everyday problems of government and that the management goals and

purposes of government would be furthered by the development of a

consistent set of fiscal risk analysis and management principles.

Therefore, it is the purpose of this article to create, as an

integral part of the office of the governor, the office of fiscal

risk analysis and management, with the authority to advise and make

recommendations to all state spending units on fiscal risk analysis

and management functions and decisions with potential long term

fiscal impact of an amount of at least one million dollars:

Provided, That the authority shall advise and make recommendations

to the public employees insurance agency, the consolidated public

retirement board, workers' compensation and the board of risk and

insurance management on fiscal risk analysis and management

functions and decisions with potential long term fiscal impact of

any increases of program costs in excess of five percent.







WVC 5 - 1 D- 2

§5-1D-2. Definitions.

As used in this article:

(a) "Chief risk officer" means the person appointed to the

position created in section three of this article and who is vested

with authority to assist state spending units in planning and

coordinating fiscal risk analysis and management activities that

serve the effectiveness and efficiency of the individual state

spending units, state executive agencies and further the overall

management goals and purposes of government.

(b) "Fiscal risk analysis and management" means issues that

arise out of the day-to-day operations of state government that put

at fiscal risk the people, property or other assets of the state,

the overall operation of state government and its ability to carry

and acceptance of fiscal risks on decisions with potential fiscal

impact of an amount of at least one million dollars: Provided,

That the authority shall advise and make recommendations to the

public employees insurance agency, the consolidated public

retirement board, workers' compensation and the board of risk and

insurance management on fiscal risk analysis and management

functions and decisions with potential long term fiscal impact of

any increases of program costs in excess of five percent.

(c) "Fiscal impact" means any anticipated budgetary or other

financial impact that may result from the proposed expenditure,

decision, or undertaking.







WVC 5 - 1 D- 3

§5-1D-3. Creation of the office of fiscal risk analysis and

management; appointment and qualifications of chief

risk officer.

(a) There is hereby created the office of fiscal risk analysis

and management within the office of the governor. The office shall

be administered by the chief risk officer who shall be appointed by

the governor with the advice and consent of the Senate and shall

serve at the will and pleasure of the governor. The chief risk

officer shall have knowledge in the area of self-insured risk

pools, advanced training in the area of fiscal risk management and

an understanding of the special demands upon government with

respect to budgetary constraints, the protection of public funds,

and federal and state standards of accountability.

(b) The chief risk officer may employ the personnel necessary

to carry out the work of the office and may approve reimbursement

of costs incurred by employees to obtain education and training.







WVC 5 - 1 D- 4

§5-1D-4. Powers and duties of the office to all state spending

units.

With respect to all state spending units, the office of fiscal

risk analysis and management:

(1) Shall develop an organized approach to fiscal risk

analysis and management;

(2) Shall provide, with the assistance of certain executive

branch agencies, technical assistance to the administrators of the

various state spending units in the design and implementation of

fiscal risk analysis and management procedures and systems;

(3) Shall evaluate, with the assistance of certain executive

branch agencies, the economic justification and suitability of

acceptable fiscal risk levels, the management thereof, and related

services and review and make recommendations on the need for

acquisition of fiscal risk analysis, management consulting and

actuarial services by the state spending units;

(4) Shall develop a mechanism for identifying those instances

in which the sound application of fiscal risk analysis and

management principles can assist agencies in reducing their

exposure to or frequency of loss;

(5) Shall create new tools to assist agencies of government in

fulfilling their duties, convene conferences and develop incentive

packages to encourage the use of sound fiscal risk management

principles;

(6) Shall engage in any other activities reasonably related to the findings and purposes set forth in section one of this article,

as directed by the governor; and

(7) Shall charge a fee to be assessed by the chief risk

officer to the state spending units for evaluations performed and

technical assistance provided under the provisions of this article.







WVC 5 - 1 D- 5

§5-1D-5. Powers and duties of the office to executive agencies.

With respect to executive agencies, the office of fiscal risk

analysis and management:

(1) Shall develop a unified and integrated structure of fiscal

risk management for all state executive agencies that must be

completed by the first day of July, two thousand two;

(2) May establish, based on need and opportunity, priorities

and time lines for addressing the fiscal risk analysis requirements

of the various executive agencies of state government;

(3) Shall exercise such authority inherent to the chief

executive of the state as the governor may, by executive order,

delegate, to overrule and supersede decisions made by the

administrators of the various executive agencies of government with

respect to fiscal risk analysis and management decisions and the

acquisition of fiscal risk management services, including, but not

limited to, management consulting contracts and contracts for

actuarial and related services: Provided, That the provisions of

this subdivision do not exempt the various executive agencies from

complying with the provision of this code regarding audits and

actuarial studies.

(4) Shall consult and work closely with staff of other

executive agencies for advice and assistance in the formulation and

implementation of administrative and operational plans and

policies.







WVC 5 - 1 D- 6

§5-1D-6. Fees.

All fees collected by the office of fiscal risk analysis and

management shall be deposited in a special account in the state

treasury to be known as the "Office of Fiscal Risk Analysis and

Management Administration Fund." Expenditures from the fund shall

be made by the chief risk officer for the purposes set forth in

this article and are not authorized from collections, but are to be

made only in accordance with appropriation by the Legislature and

in accordance with the provisions of article three, chapter twelve

of this code and upon the fulfillment of the provisions set forth

in article two, chapter five-a of this code. Amounts collected

which are found from time to time to exceed the funds needed for

purposes set forth in this article may be transferred to other

accounts or funds and used for other purposes by appropriation of

the Legislature.







WVC 5 - 1 D- 7

§5-1D-7. Notice of request for proposals by state spending units

required to make purchases through the state purchasing

division.

Any state spending unit that is required to submit a request

for proposal to the state purchasing division prior to purchasing

goods or services shall notify the chief risk officer, in writing,

of any proposed purchases of goods or services related to fiscal

risk analysis and management, including, but not limited to,

management consulting, actuarial or other contracts that involve

the management or fiscal risk evaluation of the spending unit with

potential fiscal impact of an amount of at least one million

dollars. The notice shall contain a brief description of the goods

and services to be purchased. The state spending unit shall

provide the notice to the chief risk officer ten days prior to its

submission of its request for proposal to the state purchasing

division.







WVC 5 - 1 D- 8

§5-1D-8. Notice of request for proposals by state spending units

exempted from submitting purchases to the state

purchasing division.

(a) Any state spending unit that is not required to submit a

request for proposal to the state purchasing division prior to

purchasing goods or services shall notify the chief risk officer,

in writing, of any proposed purchase of goods or services related

to fiscal risk analysis and management, including, but not limited

to, management consulting, actuarial or other contracts that

involved the management or fiscal risk evaluation of the spending

unit with potential fiscal impact of an amount of at least one

million dollars. The notice shall contain a detailed description

of the goods and services to be purchased. The state spending unit

shall provide the notice to the chief risk officer a minimum of ten

days prior to the time it requests bids on the provision of the

goods or services.

(b) If the chief risk officer evaluates the suitability of the

related services under the provisions of subsection (3), section

four of this article and determines that the goods or services to

be purchased or the price requested for the same are not suitable,

he or she shall, within ten days of receiving the notice from the

state spending unit, notify the state spending unit, in writing, of

any recommendations he or she has regarding the proposed purchase

of the goods or services. If the state spending unit receives a

written notice from the chief risk officer within the time period required by this section, the state spending unit shall not put the

goods or services out for bid less than fifteen days following

receipt of the notice from the chief fiscal management officer.







WVC 5 - 1 D- 9

§5-1D-9. Annual report.

The chief risk officer shall report annually to the

legislative joint committee on government and finance on the

activities of his or her office.







WVC 5 - 1 D- 10

§5-1D-10. Exemptions.

Except for the provisions of section four of this article, the

provisions of this article do not apply to the legislative or

judicial branches of state government, unless either the

legislative or the judicial branch shall request services from the

governor's office of fiscal risk analysis and management.







WVC 5 - 1 D- 11

§5-1D-11.

Repealed.

Acts, 2010 Reg. Sess., Ch. 32.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.