H. B. 2904
(By Delegates Manuel, Pethtel and Faircloth)
[Introduced March 19, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact sections seventeen, seventeen-a and
eighteen, article three, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to requiring the auditor to hold certain funds
in an interest bearing escrow account until these funds are
disbursed to the appropriate county or counties.
Be it enacted by the Legislature of West Virginia:
That sections seventeen, seventeen-a and eighteen, article
three, chapter twenty
of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted to
read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 3. FOREST AND WILDLIFE AREAS.
§20-3-17. Disposition of proceeds of national forests.
Receipts from any national forest, paid to the state or its proper officers pursuant to directions of acts of Congress, shall
are to be allocated by the auditor to each county which has
acreage located in such national forest, in the proportion which
the acreage in such the county bears to the total acreage of such
the national forest in this state. The auditor shall hold the
funds in an interest bearing escrow account until when the funds
collected by the auditor including the interest will be disbursed
to the counties pursuant to the provision of this section.
Eighty percent of the funds so allocated to any county shall are
to be paid to the board of education of the county to be expended
by the board for the benefit of the public schools of the county.
Twenty percent of the funds so allocated to any county shall are
to be paid to the state road commission to be expended for feeder
and state local service road purposes in that county.
Notwithstanding any contrary provisions of former law, any
sheriff or county court of any county having charge or custody of
any unexpended national forest proceeds, received under
allocations made pursuant to former provisions of law, shall pay
over eighty percent of such the unexpended balance to the county
board of education, and twenty percent thereof to the state road
commission, for expenditure as provided herein.
§20-3-17a. Same -- Counties embracing Spruce Knob-Seneca Rocks
National Recreation Area.
Notwithstanding the provisions of section seventeen of this article, national forests receipts allocated by the auditor as
provided in section seventeen of this article to any county in
which is located any part of the Spruce Knob-Seneca Rocks
National Recreation Area as established by Public Law 89-207,
89th Congress, shall are to be paid by the auditor to such the
county as follows: Sixty-three percent to the board of education
of the county to be expended by the board for the benefit of the
public schools of the county, and thirty-seven percent to the
county court of the county to be expended by the court for
general county purposes. The auditor shall hold the funds in an
interest bearing escrow account until when the funds collected by
the auditor including the interest will be disbursed to the
counties pursuant to the provision of this section.
§20-3-18. Disposition of flood control, navigation and allied
funds from the federal government.
Receipts from the treasurer of the United States, paid to
the state or its proper officers pursuant to direction of an
act of Congress relating to disposition of funds received on
account of the leasing of lands for flood control, navigation
and allied purposes, shall are to be allocated by the state
auditor to each county in accordance with the method of
allocation specified by the federal government. The auditor
shall hold the funds in an interest bearing escrow account
until when the funds collected by the auditor including the interest will be disbursed to the counties pursuant to the
provision of this section.
The state auditor shall transfer to
the road commission fifty percent of the funds so allocated to
each county for the purpose of maintenance of feeder and state
local service roads in the area or areas of the county in which
such the flooded lands are located. Fifty percent of the funds
so allocated to any county in which such the lands are located
shall are to be paid by the state auditor to the board of
education of that county to be expended by the board for the
benefit of the public schools of the county.
NOTE: The purpose of this bill is
to require the auditor
to hold certain funds in an interest bearing escrow account
until these funds are disbursed to the appropriate county or
counties
.
§20-3-17, §20-3-17a and §20-3-18
are being amended and
reenacted. 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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