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Chapter 5     Entire Code
‹ Chapter 04  |  Chapter 05A › Printer Friendly Versions
Chapter 5  |  Article 5 - 25  |  Section 4

1 - THE GOVERNOR

1A - ITEMIZATION OF PROPOSED APPROP

1B - CHIEF TECHNOLOGY OFFICER

1C - SCIENCE AND TECHNOLOGY COUNCIL

1D - GOVERNOR'S OFFICE OF FISCAL RI

1E - HEALTHY WEST VIRGINIA PROGRAM

2 - SECRETARY OF STATE

3 - ATTORNEY GENERAL

4 - BOARD OF PUBLIC WORKS

5 - SALARY INCREASE FOR STATE EMPLO

6 - STATE BUILDINGS

7 - SOCIAL SECURITY AGENCY

8 - PUBLIC RECORDS MANAGEMENT AND P

9 - DEPARTMENT OF COMMERCE

10 - WEST VIRGINIA PUBLIC EMPLOYEE

10A - DISQUALIFICATION FOR PUBLIC

10B - GOVERNMENT EMPLOYEES DEFERRE

10C - GOVERNMENT EMPLOYEES RETIREM

10D - CONSOLIDATED PUBLIC RETIREME

11 - HUMAN RIGHTS COMMISSION

11A - WEST VIRGINIA FAIR HOUSING A

11B PREGNANT WORKERS' FAIRNESS AC

12 - WEST VIRGINIA ANTIQUITIES COM

13 - PUBLIC EMPLOYEES' AND TEACHER

14 - WEST VIRGINIA COMMISSION FOR

14A - WEST VIRGINIA INTERPRETER FO

15 - WHITE CANE LAW

16 - WEST VIRGINIA PUBLIC EMPLOYEE

16A - THE WEST VIRGINIA HEALTH CAR

16B - WEST VIRGINIA CHILDREN'S HEA

16C - PRESCRIPTION DRUG COST MANAG

16D - WEST VIRGINIA RETIREMENT HEA

17 - WEST VIRGINIA COMMISSION ON E

18 - WEST VIRGINIA CABLE TELEVISIO

18A - TENANTS' RIGHTS TO CABLE SER

19 - DOMESTIC ALUMINUM, GLASS AND

20 - THE GOVERNOR'S COMMISSION ON

21 - ENERGY COST REDUCTION GUIDELI

22 - GOVERNMENT CONSTRUCTION CONTR

22A - DESIGN-BUILD PROCUREMENT ACT

23 - COMMISSION ON MASS TRANSPORTA

24 - WEST VIRGINIA FOREST MANAGEME

25 - RESIDENT TRUSTEE ACCOUNTS
    5 - 25 - 1
    5 - 25 - 2
    5 - 25 - 3
    5 - 25 - 4

26 - HERBERT HENDERSON OFFICE OF M

26A - WEST VIRGINIA COMMISSION FOR

27 - SEVERABILITY

28 - COMMISSION ON HOLOCAUST EDUCA

29 - EXPEDITIOUS ISSUANCE OF LICEN

WVC 5- CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
WVC -25- ARTICLE 25. RESIDENT TRUSTEE ACCOUNTS.

WVC 5-25-1 §5-25-1. Resident trustee accounts required, reports.
All state institutions including, but not limited to, those institutions under the control of the department of veterans affairs, the department of health, or the department of human services which provide custodial care for any person for any purpose whatsoever shall establish resident trustee accounts for all persons resident at the institution who request such accounts or who are unable to manage their own funds. The administrator in charge of the institution shall take possession of all money or other valuables on the person of or sent to each resident for whom a trustee account has been established: Provided, That this article shall not apply to state institutions under the control of the department of corrections or where there is a legal representative appointed for such person.

The administrator shall credit such money and valuables to the resident entitled thereto and shall keep an accurate record of all moneys and valuables received or disbursed. This account is subject to examination by the head of the department which controls the institution. The administrator shall deposit such fiduciary funds received into federally insured account approved by the director of the department except for those funds required to be kept locally. The local funds shall be deposited in one or more responsible banks. The accounts shall be designated "resident trustee account."

The administrator shall ensure that proper disbursements are made from the "resident trustee account" when required for the maintenance of the resident or when agreed to by the resident.

The administrator shall deliver to the resident, or to the resident's responsible representative payee when applicable, at the time the resident leaves the institution all valuables or moneys then credited to the resident or, in the case of the death of a resident before leaving the institution, the administrator shall deliver such property to the resident's representative.

The administrator of the institution shall submit a monthly report to the head of the department controlling the institution. This report shall provide a reconciliation of each resident trustee account or other fiduciary account maintained by the institution.

The director of any department who receives these monthly reports shall submit each month to the legislative auditor a record of the reconciliations for each institution.

WVC 5-25-2 §5-25-2. Management accounting system required.
(a) The commissioner of finance and administration shall within ninety days after this article initially goes into effect develop a system of management accounting for all bank accounts held by each state institution where funds are held in a fiduciary capacity for residents of the institution. The management accounting system shall include a method of internal management accounting control for funds held in a fiduciary capacity for residents of public institutions.

(b) The commissioner of finance and administration shall deliver proper instructions for instituting the system of management accounting to the heads of all departments which control state institutions where funds are held in a fiduciary capacity for residents. The department heads shall institute the system of management accounting at each institution under their control.

WVC 5-25-3 §5-25-3. Money not part of state fund.
Money held in a fiduciary capacity for residents in state institutions in resident trustee accounts shall not be credited to the state fund nor treated by the state auditor or state treasurer as part of the general revenue fund of the state.

WVC 5-25-4 §5-25-4. Resident trustee accounts claim against the state.
Any money held in a resident trustee account in any state institution which is in any manner misappropriated from that account may be recovered by the resident or the resident's legal representative under the provisions of article two, chapter fourteen of this code and such money is hereby specifically made a claim against the state for the purposes of such article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 5 - 1 - 25 - (Amended Code)
SENATE BILL - 261
PASSED - Regular Session

SB261 ENR  (Uploaded - 02/17/2016)
Bringing state code relating to daylight saving time in conformity with federal code
§ 5 - 16 - 22 - (Amended Code)
SENATE BILL - 517
PASSED - Regular Session

SB517 SUB1 ENR  (Uploaded - 03/15/2016)
Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner
§ 5 - 16 - 12 - (Amended Code)
§ 5 - 16 - 12 A - (Amended Code)
SENATE BILL - 520
PASSED - Regular Session

SB520 SUB1 ENR  (Uploaded - 03/11/2016)
Allowing PEIA ability to recover benefits or claims obtained through fraud
§ 5 - 10 - 15 C - (New Code)
SENATE BILL - 595
PASSED - Regular Session

SB595 SUB1 ENR  (Uploaded - 03/15/2016)
Relating to retirement credit for members of WV National Guard
§ 5 - 2 - 4 - (New Code)
HOUSE BILL - 2904
PASSED - Regular Session

HB2904 SUB ENR  (Uploaded - 03/15/2016)
Requiring the clerk of a county commission to maintain a county ordinance book
§ 5 - 3 - 3 - (Amended Code)
§ 5 - 3 - 3 A - (New Code)
§ 5 - 3 - 4 - (Amended Code)
HOUSE BILL - 4007
PASSED - Regular Session

HB4007 SUB ENR 2  (Uploaded - 03/03/2016)
HB4007 SUB ENR  (Uploaded - 02/09/2016)
Relating generally to appointment of attorneys to assist the Attorney General
§ 5 - 6 - 17 - (New Code)
HOUSE BILL - 4225
PASSED - Regular Session

HB4225 SUB ENR  (Uploaded - 03/09/2016)
Relating to patriotic displays at public buildings
§ 5 - 16 - 8 A - (New Code)
HOUSE BILL - 4315
PASSED - Regular Session

hb4315 ENR  (Uploaded - 03/15/2016)
hb4315 intr ENR  (Uploaded - 03/15/2016)
Relating to air-ambulance fees for emergency treatment or air transportation
§ 5 - 10 - 2 - (Amended Code)
§ 5 - 10 - 14 - (Amended Code)
HOUSE BILL - 4487
PASSED - Regular Session

HB4487 SUB ENR  (Uploaded - 03/11/2016)
Relating to state retirement systems
§ 5 - 1 - 29 - (New Code)
HOUSE BILL - 4502
PASSED - Regular Session

HB4502 SUB ENR  (Uploaded - 03/11/2016)
Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses
§ 5 - 11 - 9 - (Amended Code)
§ 5 - 11 - 9 A - (New Code)
HOUSE BILL - 4507
PASSED - Regular Session

HB4507 SUB ENR  (Uploaded - 03/16/2016)
Providing an employer may grant preference in hiring to a veteran or disabled veteran
§ 5 - 1 - 30 - (New Code)
HOUSE BILL - 116
PASSED - 1st Special Session

HB116 SUB ENR  (Uploaded - 06/14/2016)
Authorizing the Governor to direct payment of certain state debt
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