H. B. 4494


(By Delegates Mezzatesta, L. White, Rutledge,
L. Williams, Rowe, Michael and Willison)

[Introduced February 16, 1994; referred to the
Committee on Finance.]



A BILL to amend and reenact section one, article two, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing an official, department, board or commission that is authorized to receive taxes and other funds due the state to promulgate rules to receive such taxes by electronic funds transfer.

Be it enacted by the Legislature of West Virginia:

That section one, article two, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. PAYMENT AND DEPOSIT AND OTHER AMOUNTS DUE THE STATE OR ANY POLITICAL SUBDIVISION.

§ 12 - 2 - 1. How and to whom taxes and other amounts due the state or any political subdivision, official, department, board, commission or other collecting agency thereof may be paid.

All persons, firms and corporations shall promptly pay all taxes and other amounts due from them to the state, or to any political subdivision, official, department, board, commission or other collecting agency thereof authorized by law to collect the same, in money, United States currency or by check, bank draft, certified check, cashier's check, post-office money order, or express money order payable and delivered to the official, department, board, commission or collecting agency thereof authorized by law to collect the same and having the account upon which such taxes or amounts are chargeable against the payer thereof. The duly elected or appointed officers of the state and of its political subdivisions, departments, boards, commissions and collecting agencies having the account on which taxes or other amounts are chargeable against the payer thereof and authorized by law to collect the same, and their respective agents, deputies, assistants and employees shall in no case be the agent of the payer in and about the collection of such taxes or other amounts, but shall at all times and under all circumstances be the agent of the state, its political subdivision, official, department, board, commission or collecting agency having the account on which such taxes or amounts are chargeable against the payer thereof and authorized by law to collect the same.

However, any official, department, board or commission authorized to receive taxes and other funds due the state, may require that these funds be in immediately available funds by using electronic funds transfer (EFT) using one of the following methods: Funds that are required to be received via EFT shall be remitted using the automated clearing house debt (ACH-debit); automated clearing house credit (ACH-credit); or wire transfer through the federal reserve system (FedWire). Each official, department, board or commission that utilizes the EFT method for collecting taxes or other funds due the state, shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code governing the procedure for such collection of funds.



NOTE: This bill provides that officials, departments, boards or commissions may promulgate rules to receive taxes and other funds by electronic funds transfer.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.