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WV Code § 12-1A-1 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-1. Definitions

(a) "Treasurer" means the West Virginia Treasurer's Office.(b) "Eligible small business" means any business that: (1) Employs fifty or fewer employees and has gross annual receipts of $5 million or less; (2) is headquartered in this state; (3) is organized for profit; and (4) complies with the terms and conditions of this article regarding eligibility.(c) "Eligible lending institution" means a financial institution that is eligible to make commercial loans, is a public depository of state funds and agrees to participate in the linked deposit program and comply with its terms and conditions.(d) "Linked deposit" means a deposit placed by the Treasurer with an eligible lending institution that agrees to lend a linked deposit loan to an eligible small business. The amount of the deposit is equal to the amount of the linked deposit loan at an interest rate of three percent below the current market rate as determined and calculated by the Treasurer, but in no event may the interest rate on the deposit be less than zero percent. The linked deposit may be placed with the eligible lending institution for up to seven years depending upon whether the small business remains eligible for the program. On an annual date, as determined by the Treasurer, the rate paid to the Treasurer shall be recomputed based upon the current market rate. If the rate is recomputed, the amount of the deposit shall be reduced by the amount of principal paid on the outstanding loan.(e) "Linked deposit loan" means a loan between an eligible lending institution and an eligible small business for an amount not to exceed $250,000 at a rate of not more than one percent above the prime interest rate as published by the Wall Street Journal on the date the Treasurer receives the linked deposit request. In exchange for providing this reduced rate loan, the eligible lending institution receives a linked deposit. On an annual date, as determined by the Treasurer, the rate charged to the eligible small business may be recomputed but shall not exceed the prime interest rate plus one percent. If the rate is recomputed, the amount of the deposit shall be reduced by the amount of principal paid on the outstanding loan. The linked deposit loan may be part of a comprehensive loan package, including guaranteed loans by the United States small business administration, or other federal or state agency providing a partial or full guarantee against loss to the eligible lending institution.(f) "Small Business Development Center" means the West Virginia Small Business Development Center, a division of the West Virginia Development Office.
WV Code § 12-1A-3 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-3. Limitations on Investment in Linked Deposits

The Treasurer shall invest in linked deposits. The total amount deposited at any one time shall not exceed, in the aggregate, $20 million. When deciding how much to invest in linked deposits, the Treasurer shall give priority to the investment, liquidity and cash flow needs of the state.
WV Code § 12-1A-4 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-4. Applications for Loan Priority; Loan Package; Counseling

(a) An eligible lending institution that desires to participate in the linked deposit program shall accept and review loan applications from eligible small businesses that have been prepared with the advice of the Small Business Development Center. The lending institution shall apply all usual lending standards to determine the credit worthiness of each eligible small business and whether the loan application meets the criteria established in this article.(b) An eligible small business shall certify on its loan application that: (1) The small business is in good standing with the state Tax Division, an authorized workers' compensation insurance carrier and WORKFORCE West Virginia as of the date of the application; (2) the linked deposit loan will be used to create new jobs or preserve existing jobs and employment opportunities; and (3) the linked deposit loan shall not be used to refinance an existing debt.(c) In considering which eligible small businesses should receive linked deposit loans, the eligible lending institution shall give priority to the economic needs of the area in which the business is located, the number of jobs to be created and preserved by the receipt of the loan, the reasonable ability of the small business to repay the loan and other factors considered appropriate by the eligible financial institution.(d) A small business receiving a linked deposit loan shall receive counseling provided by the small business development center when applying for the loan. The services available from the Small Business Development Center include eligibility certification, business planning, quarterly financial statement review and loan application assistance. The State Tax Division, WORKFORCE West Virginia and the authorized workers' compensation insurance carrier shall provide the Small Business Development Center with information as to the standing of each small business loan applicant. The Small Business Development Center shall include these certifications with the loan application.(e) After all approvals of the Small Business Development Center and the financial institution have been given for a linked deposit loan, the Small Business Development Center and the financial institution shall forward to the Treasurer a linked deposit loan request in the form and manner prescribed by the Treasurer. The Treasurer shall notify the Small Business Development Center when the linked deposit is made.
WV Code § 12-1A-5 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-5. Acceptance or Rejection of Loan Package; Deposit Agreement for Linked Deposits

(a) The Treasurer may accept or reject a linked deposit loan request or any portion of a request based on the criteria prescribed by this article.(b) Upon approving the linked deposit loan request, the Treasurer shall place a linked deposit with the lending institution.(c) The eligible lending institution shall enter into a deposit agreement with the Treasurer in a form prescribed by the Treasurer and in compliance with the requirements of this article.
WV Code § 12-1A-6 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-6. Certification and Monitoring of Compliance; Accountability and Reporting

(a) Upon the placement of a linked deposit with an eligible lending institution, the institution shall lend the funds to the approved eligible small business listed in the linked deposit loan package. A certification of compliance with this section shall be sent to the Small Business Development Center by the eligible lending institution.(b) As a condition of remaining in good standing with the lending institution and the state and as a condition of having the loan for up to seven years, the loan recipient shall receive counseling provided by the Small Business Development Center. Eligible small businesses shall also grant the lending institution the right to provide information on the status of the loan to the Small Business Development Center so as to assist the small business.(c) The Small Business Development Center shall take any and all steps necessary to implement, advertise and monitor compliance with the linked deposit program.(d) By January 31 of each year, the Small Business Development Center shall report on the linked deposit program for the preceding calendar year to the West Virginia Development Office, which shall then report to the Joint Committee on Government and Finance. The reports shall set forth the name of the small business, terms, delinquency and default rates, job growth, gross income evaluation and amounts of the loans upon which the linked deposits were based.
WV Code § 12-1A-7 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-7. Liability of State

The state, the Treasurer, the Department of Commerce, the West Virginia Development Office and the Small Business Development Center and their employees are not liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible small business. Any delay in payment or default on the part of an eligible small business does not in any manner affect the deposit agreement between the eligible lending institution and the Treasurer.
WV Code § 12-1A-8 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-8. Penalties for Violation of Article

(a) Any person who knowingly makes a false statement concerning an application or violates another provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in jail not less than one month nor more than one year.(b) In addition to the criminal penalties provided in this section, no person who is convicted of a violation of subsection (a) of this section is eligible to participate in the linked deposit program.
WV Code § 12-1A-9 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 1A. West Virginia Small Business Linked Deposit Program|§12-1A-9. Effective Dates

This article shall be effective from the amendment and reenactment of this article during the 2008 regular session of the Legislature, through July 1, 2013.
WV Code § 12-2-1 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 2. Payment and Deposit of Taxes and Other Amounts Due the State or Any Political Subdivision|§12-2-1. How and to Whom Taxes and Other Amounts Due the State or Any Political Subdivision, Official, Department, Board, Commission or Other Collecting Agency Thereof May Be Paid

All persons, firms and corporations shall promptly pay all taxes and other amounts due from them to the state, or to any political subdivision, official, department, board, commission or other collecting agency thereof authorized by law to collect the taxes and other amounts due by any authorized commercially acceptable means, in money, United States currency or by check, bank draft, certified check, cashier's check, post office money order, express money order or electronic funds transfer payable and delivered to the official, department, board, commission or collecting agency thereof authorized by law to collect the taxes and other amounts due and having the account upon which the taxes or amounts due are chargeable against the payer of the taxes or amounts due. The duly elected or appointed officers of the state and of its political subdivisions, departments, boards, commissions and collecting agencies having the account on which the taxes or other amounts due are chargeable against the payer of the taxes or other amounts due and authorized by law to collect the taxes or other amounts due, and their respective agents, deputies, assistants and employees shall in no case be the agent of the payer in and about the collection of the taxes or other amounts, but shall at all times and under all circumstances be the agent of the state, its political subdivision, official, department, board, commission or collecting agency having the account on which the taxes or amounts are chargeable against the payer of the taxes or other amounts due and authorized by law to collect the same.
WV Code § 12-2-3 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 2. Payment and Deposit of Taxes and Other Amounts Due the State or Any Political Subdivision|§12-2-3. Deposit of Moneys Not Due the State

(a) All officials and employees of the State authorized to accept moneys that the State Treasurer determines or that this code specifies are not funds due the State pursuant to the provisions of section two of this article shall deposit the moneys, as soon as practicable, in the manner and in the depository specified by the State Treasurer. The State Treasurer shall prescribe the forms and procedures for depositing the moneys.(b) Notwithstanding any provision of this code to the contrary, including provisions stating funds collected are not state funds and provisions authorizing a spending unit to have one or more accounts outside the Treasury, a spending unit shall comply with the State Treasurer's procedures for the receipt and disbursement of moneys not due the state and obtain written authorization from the State Treasurer before depositing any moneys in an account outside the Treasury. Upon the State Treasurer`s written revocation of the authorization, the spending unit shall deposit funds deposited in an account outside the Treasury into the Treasury in the manner and in the depository specified by the State Treasurer. The State Treasurer is the final determining authority as to whether these funds are funds due or not due the state pursuant to section two of this article.(c) The State Treasurer shall provide the Legislative Auditor with an annual report of all accounts authorized under this section.
WV Code § 12-2-4 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 2. Payment and Deposit of Taxes and Other Amounts Due the State or Any Political Subdivision|§12-2-4. Duty of Depositories

Immediately upon the receipt of a deposit from the state, it shall be the duty of the depository to credit the treasurer with the amount of the deposit, to date and sign the certificate of deposit by some legally constituted official of the depository and promptly transmit the certificate to the treasurer.
WV Code § 12-2-5 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 2. Payment and Deposit of Taxes and Other Amounts Due the State or Any Political Subdivision|§12-2-5. Deposits in Correspondent Banks of State Depositories

When any payment of money has been made to the state for road bonds or other purposes outside of the state, the treasurer has the authority to place the same to the credit of one or more state depositories in one or more of its correspondent banks located within or without the state. The treasurer shall, upon making such a deposit in the correspondent bank, secure from it a proper certificate of deposit certifying the amount and the name of the state depository to whose credit the deposit was made by the treasurer. The treasurer shall forward a copy of the certificate to the state depository receiving the deposit through its correspondent bank, and it shall be the duty of the depository immediately to issue to the State of West Virginia a proper certificate of deposit for the amount deposited, dated the same day the deposit was made in the correspondent bank. Before making the deposit the treasurer shall secure written authority from the depository, designating the name and address of its correspondent bank or banks in which deposits are to be made and the maximum amount to be deposited in each. The depository bonds of all state depositories authorizing and receiving the deposits in their correspondent banks shall be liable for the deposits the same as if the deposits had been made with them directly, whether the bonds are so conditioned or not, and all depository bonds hereafter issued shall so provide.
WV Code § 12-2-6 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 2. Payment and Deposit of Taxes and Other Amounts Due the State or Any Political Subdivision|§12-2-6. Violations; Penalties

Any person violating any of the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $1,000 or confined in jail not exceeding one year, or both, in the discretion of the court, and in addition thereto shall forfeit whatever office or position he holds in connection with the state government.
WV Code § 12-3-1a (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-1a. Payment by Deposit in Bank Account

The Auditor may issue his 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.
WV Code § 12-3-1b (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-1b. Voluntary Direct Deposits by Auditor of Salaries of Employees to Banks or Other Financial Institutions

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. 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. Direct deposit authorizations may be revoked 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 July 1, 2002, 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 card program in accordance with section four, article three-a of this chapter.
WV Code § 12-3-2 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-2. Auditor May Administer Oaths; Seal

The Auditor may administer oaths in relation to any claim presented to him in his official character. He may have and use an official seal, which may be affixed to any official certificate or other paper intended to be used outside of this state.
WV Code § 12-3-4 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-4. No Check to Be Drawn on Depository Having Insufficient Funds; Necessity of Warrant and Check or Electronic Funds Transfer

The treasurer shall draw no check on any depository unless there is money enough in the depository to the credit of the treasury to pay the check when duly presented for payment. No depository holding money to the credit of the treasury shall pay out the same, or any part thereof, except upon a check of the treasurer endorsed on a warrant of the Auditor authorizing a check or a duly authorized electronic funds transfer drawn in place of such check.
WV Code § 12-3-5 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-5. When Requisition to Auditor Sufficient Authority for Issuing Warrant

(a) When an appropriation has been made by law, subject to the order or payable on the requisition of a particular officer, board or person, the order or written or electronic requisition is sufficient authority to the Auditor to issue a warrant for the same or any party thereof.(b) The Auditor:(1) Shall accept an electronic requisition from Marshall University and West Virginia University in an unaltered format approved by the Auditor;(2) May accept or require an electronic requisition from any entity other than Marshall University or West Virginia University at his or her discretion in an unaltered format approved by the Auditor; and(3) May not issue a warrant for an amount that exceeds the appropriation or for an expired appropriation.
WV Code § 12-3-6 (2021)
2021 West Virginia Code|Chapter 12. Public Moneys and Securities|Article 3. Appropriations, Expenditures and Deductions|§12-3-6. Requisitions on Behalf of State Boards and Institutions

(a) An appropriation made to or for any state board or institution shall be drawn from the Treasury upon the requisition of an appropriate officer thereof to the Auditor at such times and in such amounts as is necessary for the purposes for which the appropriation is made. The Auditor shall pay the amount named in the requisition at such times and in such installments as are necessary for the purposes for which the appropriation is made.(b) Except as provided in subsection (c) of this section, a requisition for appropriation for new buildings and substantial betterments shall be accompanied by the architect's estimate that the amount named in the requisition is needed for immediate use.(c) The provisions of subsection (b) of this section do not apply to a requisition from:(1) An institution from which the Auditor is required to accept an electronic requisition. Such an institution is not required to submit the documentation required in subsection (b) of this section, but shall maintain the documentation for inspection at the Auditor's request; and(2) The Commissioner of Corrections.(d) The Auditor may issue a warrant to pay money out of the state Treasury only if the money is needed for the present use.