Senate Bill No. 153
(By Senator Tomblin, Mr. President, Craigo and Buckalew)
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[Introduced January 15, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section thirteen-a, article three,
chapter twelve of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to payroll
deductions by the state auditor; rules; purchase and
delivery of United States government bonds and obligations;
payment of taxes; and allowing the state auditor to deduct
from the paychecks of state officials and employees
overpayments of benefits or moneys.
Be it enacted by the Legislature of West Virginia:
That section thirteen-a, article three, 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 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-13a. Deductions by state auditor from salaries of state
officials and employees.
The auditor of the state of West Virginia is authorized to
may deduct and withhold sums from the salaries or other
compensation of state officials and employees, including
employees of any state political subdivision or state-operated
educational institution: (a) To purchase United States
government bonds and other United States government obligations,
or to pay taxes as may be required by an act or acts of the
Congress of the United States of America; and (b) to repay any
overpayment of benefits or other moneys paid to the official or
employee in excess of the proper amount owed, upon receipt and
verification of a written request from the employing state
agency, political subdivision or state-operated educational
institution.
The auditor of the state of West Virginia shall, upon the
written request or order of any state official or employee,
deduct and withhold sums from the salaries or compensation of
state officials and employees his or her salary or compensation
to make voluntary purchases of United States government bonds or
other United States government obligations for such officials or
employees the official or employee.
The auditor shall keep an account of the accumulated
deductions of each state official and employee and shall issue
receipts to state officials and employees for all sums deducted and withheld as herein provided in this section. The sums, when
deducted, shall be transferred by the auditor to a special fund
in the state treasury, and, as soon as reasonably convenient,
transmitted to the treasurer of the state of West Virginia, as an
issuing agent of federal securities, or such any other official
or agent of the United States government designated by the
secretary of the treasury of the United States of America, from
time to time.
Should If any official or employee leave leaves the employ
of the State at a time when there is not sufficient accumulation
of deductions from his or her salary or compensation to purchase
a United States government bond then the auditor shall either
purchase United States government savings stamps in the amount of
the accumulation or refund to the official or employee the
accumulation as an erroneous payment into the special fund herein
created in this section.
The auditor shall be is responsible for the delivery of
United States government bonds or obligations purchased with the
deductions from the salaries or compensation of state officials
and employees only when the United States government bonds or
obligations are presented to him or her by the official or agent
of the United States government for delivery to the state
officials or employees.
To promote efficiency and economy in making such deductions
as provided herein the deductions as provided in this section,
the auditor is authorized to promulgate rules and regulations and
to may propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, and may designate the time for the presentment of the
payroll requisitions for state officials and employees and
requisitions for other claims against the state: Provided, That
all officials and employees shall be paid at least once every
thirty-one days. All officials and employees of the state shall
comply with the rules and regulations promulgated by the auditor
promulgated under this section.
NOTE: The purpose of this bill is to allow the state
auditor to deduct salary overpayments from the paychecks of state
officials and employees, including employees of political
subdivisions and state-operated educational institutions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.