WEST virginia legislature

2018 regular session

Introduced

House Bill 4535

By Delegate Westfall

[Introduced February 13, 2018; Referred
to the Committee on Government Organization then Finance.]

A BILL to amend and reenact §12-3-1a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §12-3-1c, all relating to payment by paper warrant; directing the Enterprise Resource Planning Board to establish a schedule for payment of paper warrants and checks; authorizing a fee to be imposed and collected for payment by paper warrant or check; and authorizing a fee to be imposed and collected for payment by paper warrant or check outside of the established schedule.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-1a. Payment by deposit in bank account.

The Auditor may issue his or her warrant on the Treasurer to pay any person claiming to receive money from the Treasury by deposit to the person's account in any bank or other financial institution by electronic funds transfer, if the person furnishes authorization of the method of payment. The Auditor shall prescribe the form of the authorization. If the authorization is in written form, it shall be sent to the Auditor for review and approval and then forwarded in electronic form to the Treasurer. If the authorization is in electronic form, it shall be sent to both the Auditor and the Treasurer. The Auditor must review and approve the authorization. This section may not be construed to require the Auditor to utilize the method of payment authorized by this section. An authorization furnished pursuant to this section may be revoked by written notice furnished to the Auditor and then forwarded by the Auditor in electronic form to the Treasurer or by electronic notice furnished to both the Auditor and the Treasurer. Upon execution of the authorization and its receipt by the office of the Auditor, the warrant shall be created in the manner specified on the authorization and forwarded to the treasurer for further disposition to the designated bank or other financial institution specified on the electronic warrant: Provided, That after July 1, 2002, the State Auditor shall cease issuing paper warrants except for income tax refunds. After that date all warrants except for income tax refunds, shall be issued by electronic funds transfer: Provided, however, That the Auditor, in his or her discretion, may issue paper warrants on an emergency basis in accordance with §12-3-1c of this code.

§12-3-1c. Issuance of emergency or special paper warrants.

(a) The Enterprise Resource Planning Board shall establish dates for payment and processing of paper warrants or checks for persons authorized by the Auditor to receive paper warrants pursuant to §12-3-1a of this code.

(b) Effective July 1, 2019, any agency desiring payment by paper warrant or check shall pay a processing fee of $50 per payment payable to the Enterprise Resource Planning Board.

(c) Effective July 1, 2019, any agency desiring payment outside the schedule established in §12-3-1c(a) of this code shall pay a processing fee of $100 per payment to the Enterprise Resource Planning Board.

NOTE: The purpose of this bill is to establish dates for the processing of paper checks.  The bill also authorizes a fee for processing of checks outside the scheduled dates.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.