Senate Bill No. 209

(By Senator Helmick)

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[Introduced January 23, 1998; referred to

the Committee on Banking and Insurance.]

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A BILL to amend and reenact section one, article six, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to counties selecting depositories for their moneys to provide nondiscriminatory treatment of out-of-state banks as required by changes in federal law; and to delete and correct obsolete references.

Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. COUNTY DEPOSITORIES.
§7-6-1. Designation of depositories.

On or before the thirtieth day of June, of each year, the county court county commission of every county shall, by order of record, designate all of the banking institutions, as defined in section two, article four one, chapter thirty-one thirty-one-a of this code, situated in the county and duly incorporated under the laws of this any state, or organized under the laws of the United States, as depositories of public moneys: Provided, That in any county where no such banking institutions exist, or where such banking institutions fail, refuse or neglect to comply with all the provisions and conditions of this article, the county court commission shall designate some qualified banking institution in some other county of this state convenient to the county seat. Risk and expense of making deposits in county depositories located outside of the county seat shall be borne by the banking institution in which the deposits are made. When any banking institution, designated by the county court commission as provided by this section, has complied with all of the requirements and provisions of this article, the court commission shall declare it a county depository.
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(NOTE: The purpose of this bill is to provide non- discriminatory treatment of out-of-state banks in acting as county depositories, as is required by changes in federal law regarding interstate banking; and to delete and correct obsolete references.

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