Senate Bill No. 403
(By Senator Craigo)
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[Introduced February 15, 1996; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section two, article two, chapter
twelve of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to office of the
treasurer; and duties.
Be it enacted by the Legislature of West Virginia:
That section two, 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 OF TAXES AND OTHER AMOUNTS DUE
THE STATE OR ANY POLITICAL SUBDIVISION.
§12-2-2. Itemized record of moneys received for deposit;
regulations governing deposits; credit to state
fund; exceptions.
(a) All officials and employees of the state authorized by
statute to accept moneys due the state of West Virginia shall
keep a daily itemized record of such the moneys so received for
deposit in the state treasury and shall deposit within twenty-
four hours with the state board of investments all moneys
received or collected by them for or on behalf of the state for
any purpose whatsoever. The treasurer and the board of
investments shall promulgate rules and regulations, in accordance
with the provisions of chapter twenty-nine-a of this code
governing the procedure for such deposits.
The official or employee making such the deposits with the
state board of investments treasurer shall prepare such the
deposit lists in such manner and upon such report forms as may be
prescribed by the board of investments treasurer. Once the board
has satisfied itself treasurer is satisfied that all deposits
have been promptly prepared and deposited, it he or she shall
transfer all such the funds to a special bank account of the
state treasurer. and provide him with such deposit report. The
original of this report shall accompany the deposit to the
treasurer. The treasurer shall retain the original of this
report. Certified or receipted copies shall be immediately forwarded by the state treasurer to the board of investments, the
state auditor and to the secretary of administration. and a copy
shall be provided to the board of investments. The original of
the deposit report shall become a part of the treasurer's
permanent record.
(b) When so paid, such the moneys shall be credited to the
state fund and treated by the auditor and treasurer as part of
the general revenue of the state: Provided, That all moneys
received out of appropriations made by the Congress of the United
States shall be recorded in special fund accounts, apart from the
general revenues of the state, in the state treasury and all such
moneys shall may not be used for any purpose whatsoever unless
and until authorized and directed by the Legislature, excepting
the following funds which shall be recorded in separate accounts:
(1) All funds excluded by the provisions of section six,
article eleven, chapter four of this code;
(2) All funds derived from the sale of farm and dairy
products from farms operated by any agency of the state
government other than the farm management commission;
(3) All endowment funds, bequests, donations, executive
emergency funds, and death and disability funds;
(4) All fees and funds collected at state educational
institutions for student activities;
(5) All funds derived from collections from dormitories,
boardinghouses, cafeterias and road camps;
(6) All moneys received from counties by institutions for
the deaf and blind on account of clothing for indigent pupils;
(7) All insurance collected on account of losses by fire and
refunds;
(8) All funds derived from bookstores and sales of blank
paper and stationery, and collections by the chief inspector of
public offices;
(9) All moneys collected and belonging to the capitol
building fund, state road fund, state road sinking funds, general
school fund, school fund, state fund (moneys belonging to
counties, districts and municipalities), state interest and
sinking funds, state compensation funds, the fund maintained by
the public service commission for the investigation and
supervision of applications, and all funds and moneys payable to
or received by the natural resources commission of West Virginia
and moneys collected and received by the division of natural
resources pursuant to article two, article two-a and article two-b, chapter twenty of this code;
(10) All moneys collected or received under any act of the
Legislature providing that funds collected or received thereunder
shall be used for specific purposes.
(c) All moneys, excepted as provided in subdivisions one
through nine, inclusive, of subsection (b) of this section, shall
be paid into the state treasury in the same manner as collections
not so excepted, and shall be recorded in separate accounts to be
used and expended only for the purposes for which the same are
authorized to be collected by law: Provided, That amounts
collected pursuant to subdivision ten, subsection (b) of this
section, which are found from time to time to exceed funds needed
for the purposes set forth in general law may be transferred to
other accounts or funds and redesignated for other purposes by
appropriation of the Legislature. The gross amount collected in
all cases shall be paid into the state treasury, and commissions,
costs and expenses of collection authorized by general law to be
paid out of the gross collection are hereby authorized to be paid
out of the moneys collected and paid into the state treasury in
the same manner as other payments are made from the state
treasury.
(d) The state board of investments treasurer shall have
authority to establish an imprest fund or funds in the office of
any state agency or institution making proper application to the
board treasurer. To implement this authority the board treasurer
shall promulgate rules and regulations, in accordance with the
provisions of chapter twenty-nine-a of this code. The board or
its treasurer or his or her designee shall annually audit all
such funds and prepare a list of all such funds showing the
location and amount as of fiscal year end, retaining such the
list as a permanent record of the board treasurer until such time
as the legislative auditor shall have has completed an audit of
the imprest funds of all agencies and institutions involved.
NOTE: The purpose of this bill is to transfer certain
duties and responsibilities from the state board of investments
to the state treasurer concerning deposits into the state
treasury.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.