ENROLLED
Senate Bill No. 464
(By Senators Jones, Plymale and Holliday)
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[Passed April 9, 1993; in effect ninety days from passage.]
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AN ACT to amend and reenact section six, article twenty-six,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the purpose of
the children's fund.
Be it enacted by the Legislature of West Virginia:
That section six, article twenty-six, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 26. GOVERNOR'S CABINET ON CHILDREN AND FAMILIES.
§5-26-6. Children's fund created; purpose.
(a) The cabinet shall establish a children's fund for the
sole purpose of awarding grants, loans and loan guaranties for
child abuse and neglect prevention activities. Gifts, bequests
or donations for this purpose, in addition to appropriations to
the fund, shall be deposited in the state treasury in a special
revenue account that is independent from any executive or other
department of government, other than the office of the governor.
Any moneys deposited in the children's trust fund createdpursuant to article six-c, chapter forty-nine of this code on the
effective date of this section, and any interest accruing to such
fund, shall be deposited in the children's fund created pursuant
to this section, and the children's trust fund shall thereafter
be discontinued.
(b) Each state taxpayer may voluntarily contribute a portion
of the taxpayer's state income tax refund to the children's fund
by so designating the contribution on the state personal income
tax return form. The cabinet shall approve the wording of the
designation on the income tax return form, which designation
shall appear on tax forms as of the first day of January, one
thousand nine hundred ninety-one. The tax commissioner shall
determine by the first day of July of each year the total amount
designated pursuant to this subsection and shall report that
amount to the state treasurer, who shall credit that amount to
the children's fund.
(c) All interest accruing from investment of moneys in the
children's fund shall be credited to the fund, and the
legislative auditor shall conduct an annual audit of the fund.
(d) Grants, loans and loan guaranties may be awarded from
the children's fund by the cabinet for child abuse and neglect
prevention activities.