Senate Bill No. 403

(By Senator Craigo)


[Introduced February 15, 1996; referred to the Committee on Government Organization; and then to the Committee on Finance.]

A BILL to amend and reenact section two, article two, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to office of the treasurer; and duties.

Be it enacted by the Legislature of West Virginia:
That section two, 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:

§12-2-2. Itemized record of moneys received for deposit; regulations governing deposits; credit to state fund; exceptions.

(a) All officials and employees of the state authorized by statute to accept moneys due the state of West Virginia shall keep a daily itemized record of such the moneys so received for deposit in the state treasury and shall deposit within twenty- four hours with the state board of investments all moneys received or collected by them for or on behalf of the state for any purpose whatsoever. The treasurer and the board of investments shall promulgate rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code governing the procedure for such deposits.
The official or employee making such the deposits with the state board of investments treasurer shall prepare such the deposit lists in such manner and upon such report forms as may be prescribed by the board of investments treasurer. Once the board has satisfied itself treasurer is satisfied that all deposits have been promptly prepared and deposited, it he or she shall transfer all such the funds to a special bank account of the state treasurer. and provide him with such deposit report. The original of this report shall accompany the deposit to the treasurer. The treasurer shall retain the original of this report. Certified or receipted copies shall be immediately forwarded by the state treasurer to the board of investments, the state auditor and to the secretary of administration. and a copy shall be provided to the board of investments. The original of the deposit report shall become a part of the treasurer's permanent record.
(b) When so paid, such the moneys shall be credited to the state fund and treated by the auditor and treasurer as part of the general revenue of the state: Provided, That all moneys received out of appropriations made by the Congress of the United States shall be recorded in special fund accounts, apart from the general revenues of the state, in the state treasury and all such moneys shall may not be used for any purpose whatsoever unless and until authorized and directed by the Legislature, excepting the following funds which shall be recorded in separate accounts:
(1) All funds excluded by the provisions of section six, article eleven, chapter four of this code;
(2) All funds derived from the sale of farm and dairy products from farms operated by any agency of the state government other than the farm management commission;
(3) All endowment funds, bequests, donations, executive emergency funds, and death and disability funds;
(4) All fees and funds collected at state educational institutions for student activities;
(5) All funds derived from collections from dormitories, boardinghouses, cafeterias and road camps;
(6) All moneys received from counties by institutions for the deaf and blind on account of clothing for indigent pupils;
(7) All insurance collected on account of losses by fire and refunds;
(8) All funds derived from bookstores and sales of blank paper and stationery, and collections by the chief inspector of public offices;
(9) All moneys collected and belonging to the capitol building fund, state road fund, state road sinking funds, general school fund, school fund, state fund (moneys belonging to counties, districts and municipalities), state interest and sinking funds, state compensation funds, the fund maintained by the public service commission for the investigation and supervision of applications, and all funds and moneys payable to or received by the natural resources commission of West Virginia and moneys collected and received by the division of natural resources pursuant to article two, article two-a and article two-b, chapter twenty of this code;
(10) All moneys collected or received under any act of the Legislature providing that funds collected or received thereunder shall be used for specific purposes.
(c) All moneys, excepted as provided in subdivisions one through nine, inclusive, of subsection (b) of this section, shall be paid into the state treasury in the same manner as collections not so excepted, and shall be recorded in separate accounts to be used and expended only for the purposes for which the same are authorized to be collected by law: Provided, That amounts collected pursuant to subdivision ten, subsection (b) of this section, which are found from time to time to exceed funds needed for the purposes set forth in general law may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature. The gross amount collected in all cases shall be paid into the state treasury, and commissions, costs and expenses of collection authorized by general law to be paid out of the gross collection are hereby authorized to be paid out of the moneys collected and paid into the state treasury in the same manner as other payments are made from the state treasury.
(d) The state board of investments treasurer shall have authority to establish an imprest fund or funds in the office of any state agency or institution making proper application to the board treasurer. To implement this authority the board treasurer shall promulgate rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code. The board or its treasurer or his or her designee shall annually audit all such funds and prepare a list of all such funds showing the location and amount as of fiscal year end, retaining such the list as a permanent record of the board treasurer until such time as the legislative auditor shall have has completed an audit of the imprest funds of all agencies and institutions involved.

NOTE: The purpose of this bill is to transfer certain duties and responsibilities from the state board of investments to the state treasurer concerning deposits into the state treasury.

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