H. B. 2904


(By Delegates Manuel, Pethtel and Faircloth)

[Introduced March 19, 2001; referred to the
Committee on the Judiciary then Finance.]





A BILL to amend and reenact sections seventeen, seventeen-a and eighteen, article three, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the auditor to hold certain funds in an interest bearing escrow account until these funds are disbursed to the appropriate county or counties.

Be it enacted by the Legislature of West Virginia:
That sections seventeen, seventeen-a and eighteen, article three, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 3. FOREST AND WILDLIFE AREAS.
§20-3-17. Disposition of proceeds of national forests.
Receipts from any national forest, paid to the state or its proper officers pursuant to directions of acts of Congress, shall are to be allocated by the auditor to each county which has acreage located in such national forest, in the proportion which the acreage in such the county bears to the total acreage of such the national forest in this state. The auditor shall hold the funds in an interest bearing escrow account until when the funds collected by the auditor including the interest will be disbursed to the counties pursuant to the provision of this section. Eighty percent of the funds so allocated to any county shall are to be paid to the board of education of the county to be expended by the board for the benefit of the public schools of the county. Twenty percent of the funds so allocated to any county shall are to be paid to the state road commission to be expended for feeder and state local service road purposes in that county.
Notwithstanding any contrary provisions of former law, any sheriff or county court of any county having charge or custody of any unexpended national forest proceeds, received under allocations made pursuant to former provisions of law, shall pay over eighty percent of such the unexpended balance to the county board of education, and twenty percent thereof to the state road commission, for expenditure as provided herein.
§20-3-17a. Same -- Counties embracing Spruce Knob-Seneca Rocks National Recreation Area.

Notwithstanding the provisions of section seventeen of this article, national forests receipts allocated by the auditor as provided in section seventeen of this article to any county in which is located any part of the Spruce Knob-Seneca Rocks National Recreation Area as established by Public Law 89-207, 89th Congress, shall are to be paid by the auditor to such the county as follows: Sixty-three percent to the board of education of the county to be expended by the board for the benefit of the public schools of the county, and thirty-seven percent to the county court of the county to be expended by the court for general county purposes. The auditor shall hold the funds in an interest bearing escrow account until when the funds collected by the auditor including the interest will be disbursed to the counties pursuant to the provision of this section.
§20-3-18. Disposition of flood control, navigation and allied funds from the federal government.

Receipts from the treasurer of the United States, paid to the state or its proper officers pursuant to direction of an act of Congress relating to disposition of funds received on account of the leasing of lands for flood control, navigation and allied purposes, shall are to be allocated by the state auditor to each county in accordance with the method of allocation specified by the federal government. The auditor shall hold the funds in an interest bearing escrow account until when the funds collected by the auditor including the interest will be disbursed to the counties pursuant to the provision of this section. The state auditor shall transfer to the road commission fifty percent of the funds so allocated to each county for the purpose of maintenance of feeder and state local service roads in the area or areas of the county in which such the flooded lands are located. Fifty percent of the funds so allocated to any county in which such the lands are located shall are to be paid by the state auditor to the board of education of that county to be expended by the board for the benefit of the public schools of the county.
NOTE: The purpose of this bill is to require the auditor to hold certain funds in an interest bearing escrow account until these funds are disbursed to the appropriate county or counties .


§20-3-17, §20-3-17a and §20-3-18 are being amended and reenacted. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.