Introduced Version
Senate Bill 405 History
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Senate Bill No. 405
(By Senators Bowman and Plymale)
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[Introduced January 31, 2007; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §12-3-1a and §12-3-1b of the Code of
West Virginia, 1931, as amended, all relating to direct
deposit; clarifying that only the Auditor receives
authorization for direct deposit payment; permitting the
Auditor to cease issuing paper warrants; and authorizing
electronic notification for direct deposit payment.
Be it enacted by the Legislature of West Virginia:
That §12-3-1a and §12-3-1b of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-1a. Payment by deposit in bank account.
(a) 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 and 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
(b) 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 the first day of July, two thousand two seven, the state
Auditor shall may 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.
§12-3-1b. Voluntary direct deposits by Auditor of salaries of employees to banks or other financial institutions.
(a) Any officer or employee of the State of West Virginia may
authorize the direct deposit of his or her net wages to his or her
account in any bank or other financial institution by electronic
funds transfer. Direct deposit authorizations shall comply with
the requirements of section one-a of this article.
(b) Upon approval of an authorization, the Auditor shall issue
the warrant in the manner specified on the authorization and
forward the warrant to the Treasurer for further disposition to the
designated bank or other financial institution on or before the day
or days the officer or employee is due his or her net wages.
(c) Direct deposit authorizations may be revoked by an
employee at any time thirty days prior to the date on which the
direct deposit is regularly made and on a form to be provided by
the Auditor. Provided, That on and after the first day of July,
two thousand two,
(d) At the option of the Auditor, all wages shall be deposited
directly into the employees' account at any bank or financial
institution designated by the employee via electronic funds
transfer or, if the employee does not have a bank account, through
the West Virginia check Pay Card Program in accordance with section
four, article three-a of this chapter.
(e) After the first day of July, two thousand seven, the
Auditor may, upon providing thirty days' notice to employees,
implement electronic notification of payment for all direct deposit recipients. An employee may choose not to receive electronic
notification at any time thirty days prior to the date on which the
electronic notification is regularly made and on a form to be
provided by the Auditor.
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(NOTE:
The purpose of this bill is to clarify that only the
Auditor receives authorization for direct deposit payment;
permitting the Auditor to cease issuing paper warrants; and
authorizing electronic notification for direct deposit payment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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