
ENROLLED
H. B. 3237
(By Delegates Michael, Cann, Boggs, Compton, Kominar,
Ashley, and Stalnaker)
[Passed April 14, 2001; in effect ninety days from passage.]
AN ACT to amend and reenact section three, article two, chapter
twelve of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to receipt of funds by
officials, employees and spending units of the state;
requiring a spending unit to obtain authorization to deposit
funds in an account outside the treasury; and requiring return
of funds upon revocation of authorization.
Be it enacted by the Legislature of West Virginia:
That section three, 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.
§12-2-3. Deposit of moneys not due the state.
All officials and employees of the state authorized to accept
moneys that the state treasurer determines or that this code
specifies are not funds due the state pursuant to the provisions of section two of this article shall deposit the moneys, as soon as
practicable, in the manner and in the depository specified by the
treasurer. The treasurer shall prescribe the forms and procedures
for depositing the moneys. A spending unit shall obtain written
authorization from the state treasurer before depositing the funds
in an account outside the treasury. Upon the treasurer's written
revocation of the authorization, the spending unit shall deposit
funds deposited in an account outside the treasury in the treasury
in the manner and in the depository specified by the treasurer.
The treasurer is the final determining authority as to whether
these funds are funds due or not due the state pursuant to section
two of this article. The treasurer shall on a quarterly basis
provide the legislative auditor with a report of all accounts
approved by him or her.