(By Delegates Staton, Amores, Campbell,
Mahan and G. White)
[Introduced February 15, 2005; Referred to the committee on the
A BILL to amend and reenact §61-3-39l of the code of West Virginia,
1931, as amended, all relating to the display of the date a
consumer deposit account was opened on all checks, drafts or
similar orders of withdrawal that may be used for drawing
against funds held in the account.
Be it enacted by the Legislature of West Virginia:
That §61-3-39l of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39l Checks on consumer deposit accounts to show date
account was opened; consumer deposit account defined.
(a) Beginning on the first day of July,
one thousand nine
hundred eighty-four two thousand five
all any person who sells or
checks, drafts or similar
negotiable or nonnegotiable
orders of withdrawal which
are thereafter printed to
used for drawing drawn
against funds held
in a consumer deposit account
by a supervised financial organization
the state of West Virginia a consumer deposit account,
clearly printed on the face thereof a four or five-digit
combination of numbers and letters as follows:
(1) In the case of a consumer deposit account which has been
open for less than one year, a five-digit combination. The first
two digits, running from 01 through 12, shall numerically identify
the month the account was opened, followed by a hyphen, and the
fourth and fifth digits shall be the last two numbers of the year
in which the account was opened.
(2) In the case of a consumer deposit account which has been
open for one year or more, a four digit combination which shall be
"1 Yr. +":
Provided, That a new account or an account which has
been open for less than one year may be treated as an account which
has been open for one year or more when a person authorized to draw
against funds in the account shall demonstrate to the supervised
financial organization through the production of account statements
that he has had a demand or other similar deposit account or share
account at the same or another financial institution for twelve
months immediately preceding his request for printed checks.
cause the month and year in which the account was opened to be
displayed clearly on the face of each check, draft, or order.
(b) For purposes of this section the term "consumer deposit
account" means a demand or other similar deposit account or share
account established and maintained by a natural person with a
supervised financial organization and operated primarily for personal, family or household purposes. The term "supervised
financial organization" shall have the same meaning as is ascribed
to such term in section one hundred two, article one, chapter
forty-six-a of this code.
(c) The commissioner of banking is authorized and empowered to
order any supervised financial institution to comply with the
provisions of this section and may apply to any state or federal
court of competent jurisdiction for appropriate orders, writs,
processes and remedies in aid of enforcement.
Note: This bill requires that the date a consumer deposit
account was opened appear on all checks, drafts or similar orders
of withdrawal used for drawing against funds held in a consumer
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would