H. B. 2682
(By Delegates P. White, Phillips, Kessel,
Douglas and Brown)
[Introduced March 23, 1993; referred to the
Committee on Finance.]
A BILL to amend and reenact section six, article twenty-six,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the purpose of
the children's fund.
Be it enacted by the Legislature of West Virginia:
That section six, article twenty-six, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 26. GOVERNOR'S CABINET ON CHILDREN AND FAMILIES.
ยง5-26-6. Children's fund created; purpose.
(a) The cabinet shall establish a children's fund for the
sole purpose of awarding grants, loans and loan guaranties for
children and families the broad range of child abuse and neglect
prevention activities. All unrestricted federal funds and
grants, Gifts, bequests or donations, for this purpose in
addition to appropriations to the fund, shall be deposited in the
state treasury in a special revenue account that is independentfrom any executive or other department of government, other than
the office of the governor. Any moneys deposited in the
children's trust fund created pursuant to article six-c, chapter
forty-nine of this code on the effective date of this section,
and any interest accruing to such fund, shall be deposited in the
children's fund created pursuant to this section, and the
children's trust fund shall thereafter be discontinued.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the children's fund
by so designating the contribution on the state personal income
tax return form. The cabinet shall approve the wording of the
designation on the income tax return form, which designation
shall appear on tax forms as of the first day of January, one
thousand nine hundred ninety-one. The tax commissioner shall
determine by the first day of July of each year the total amount
designated pursuant to this subsection and shall report that
amount to the state treasurer, who shall credit that amount to
the children's fund.
(c) All interest accruing from investment of moneys in the
children's fund shall be credited to the fund, and the
legislative auditor shall conduct an annual audit of the fund.
(d) Grants, loans and loan guaranties may be awarded from
the children's fund by the cabinet for any purpose required or
authorized by this cabinet the broad range of child abuse and
neglect prevention activities.
NOTE: The purpose of this bill is to establish that the
purpose of the children's fund of the Governor's Cabinet on
Children and Families is to fund the broad range of child abuse
and neglect prevention activities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.