H. B. 3237


(By Delegates Michael, Cann, Boggs, Compton, Kominar,

Ashley, and Stalnaker)


(Originating in the Committee on Finance)


[April 2, 2001]


A BILL 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.

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 by statute to accept moneys due the state of West Virginia shall deposit those moneys in the manner the treasurer directs and shall promptly transmit or cause to be transmitted the deposits, together with a certificate of deposit, as soon as practicable to the depository in which they desire to make the deposit, and shall retain and record the deposit lists. All officials and employees of the state authorized to accept moneys that they have determined 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 request the treasurer to approve the deposit of the funds into an approved depository deposit the moneys, as soon as practicable, in the manner and in the depository specified by the treasurer. The request shall be made on forms and in accordance with procedures as the treasurer establishes. No funds shall be deposited until the written approval of the treasurer is obtained The treasurer shall prescribe the forms and procedures for depositing the moneys. Written authorization of the state treasurer is required for the deposit of funds by a spending unit in an account outside the treasury. Upon the treasurer's written revocation of the authorization, funds deposited in an account outside the treasury shall be deposited in the treasury in the manner and in the depository specified by the treasurer. The treasurer shall be 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.