reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-10 - Reporting Debt › Section 112-10-5 - Report of Final Sale

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each
				spending unit issuing debt shall submit a report of final sale to the Division
				in the format specified by the Division no later than 30 days after closing on
				the debt. The report shall contain the information and be in the format
				specified by the Treasurer.
5.2.
				The report of final sale is not the same as the quarterly report.
5.3. The report shall include the following
				information, as applicable:
5.3.1. The name
				and address of the issuer;
5.3.2.
				The issue name;
5.3.3. The date of
				issuance;
5.3.4. The
				principal;
5.3.5. The purpose of
				the sale;
5.3.6. The true interest
				cost;
5.3.7. The amount and type of
				debt issued;
5.3.8. A copy of the
				official or offering statement or circular;
5.3.9. A copy of the transcript;
5.3.10. All costs and expenses incurred in
				the issuance of the debt, including:
5.3.10.a.
				The bond counsel;
5.3.10.b. The
				issuer counsel;
5.3.10.c. The
				accounting and auditing;
5.3.10.d.
				The financial advisor;
5.3.10.e.
				The bond insurance or other credit enhancement;
5.3.10.f. The rating agencies;
5.3.10.g. The underwriters, placement agent
				or purchaser;
5.3.10.h. The
				underwriter's counsel;
5.3.10.i.
				The tax counsel;
5.3.10.j. The
				trustee's fees;
5.3.10.k. The
				trustee's counsel fees;
5.3.10.l.
				The printing fees;
5.3.10.m. The
				auditor's fees;
5.3.10.n. The
				credit enhancement fees - The spending unit shall specify nature of the credit
				enhancement and the anticipated future cost, if any; and
5.3.10.o. Any other fees and costs requested
				by the Treasurer;
5.3.11. The terms and conditions of the debt
				if not set forth in the official or offering statement or circular;
5.3.12. The source of funds used for
				repayment of the debt, and a schedule, by year, for the collection of the
				funds; and
5.3.13. Any other
				information specified by the Treasurer.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-10 - Reporting Debt › Section 112-10-6 - Debt Position Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Division shall issue a report on the status of the debt of the state and its
				spending units for the periods ending each calendar quarter within 30 days of
				the month following the close of each calendar quarter. The Division shall
				submit copies of the June 30 and December 31 reports to the Governor, President
				of the Senate, Speaker of the House of Delegates, members of the Joint
				Committee on Government and Finance, Legislative Auditor and to anyone else
				requesting the report.
6.2. The
				Division shall issue an annual report on the status of the debt of the state
				and its spending units as of June 30 each year.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-10 - Reporting Debt › Section 112-10-7 - Debt Capacity Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Division, with the cooperation and support of the Department of Administration,
				the Department of Revenue, and the Bureau of Employment Programs, shall issue
				an annual debt capacity report on or before January 15 of each year for the
				period ending June 30 of the next preceding fiscal year.
7.2. The annual debt capacity report shall
				review the size and condition of the state's net tax supported debt and
				estimate the maximum amount of net tax supported debt which the state and its
				spending units may authorize based upon ratios and guidelines established by
				the major bond rating agencies to keep West Virginia within an average to low
				range of nationally recognized debt limits.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-10 - Reporting Debt › Section 112-10-8 - Debt impact statement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Division shall prepare a debt impact statement at the request of the Governor
				or any member of the Legislature.
8.2. A debt impact statement shall at a
				minimum include the following:
8.2.1. The
				current net tax supported debt;
8.2.2. The current net tax supported debt as
				a percentage of personal income;
8.2.3. The current net tax supported debt per
				capita;
8.2.4. A list of
				assumptions derived from the House or Senate bill or other information provided
				for which the debt impact statement is being prepared;
8.2.5. The recommendation of the
				Treasurer;
8.2.6. The total debt
				service as a percentage of revenue;
8.2.7. The current ratios and guidelines as
				established and reported by the major rating agencies; and
8.2.8. A comparison of West Virginia's ratio
				to other states with similar bond ratings.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-10 - Reporting Debt › Section 112-10-9 - Other

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Division
				may require any additional information from any spending unit it determines is
				necessary to carry out the provisions of W. Va. Code §
									12-6A-1 et
				seq.
9.2. The Division shall post
				copies of its quarterly and annual reports on the Division website.
9.3. Additional Reports and Advisory Opinions
				- The Treasurer may, as he or she considers necessary, issue advisory letters,
				notices and/or opinions on new debt issuance, the condition of the State's
				outstanding debt and any other factor which the Treasurer determines may
				directly or indirectly affect the State's credit rating.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-12 - Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment › Section 112-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for authorizing and implementing fees by state
				spending units to cover the cost of collection of moneys by charge, credit, or
				debit card or by electronic payment.
1.2. Authority. - W. Va. Code §
									12-3A-6.
1.3. Filing Date. - April 7, 2022
1.4. Effective Date. - April 7,
				2022
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-12 - Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment › Section 112-12-3 - General Information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Spending units shall use the methods provided by the Treasurer to accept
				payments, including payments by electronic commerce with convenience or service
				fees, unless the spending unit is authorized by the West Virginia Code to use
				other methods.
3.2. Electronic
				commerce methods available from the Treasurer include, but are not limited to,
				telephone, IVR, POS terminal, EFT, virtual terminal, online transaction
				processing, and any other electronic payment method.
3.3. Governmental entities other than
				spending units may request to use the methods provided by the Treasurer to
				accept payments.
3.4. To accept
				payments, a spending unit shall provide all information the Treasurer requests
				and fully complete all STO required forms and an authorized officer of the
				spending unit shall execute STO required agreements.
3.5. The Treasurer shall review each
				submitted request and agreement. If the Treasurer determines the requested
				payment methods are appropriate and all required forms are complete, the
				Treasurer shall authorize the spending unit to use the payment methods
				requested. If the Treasurer determines the requested payment methods are not
				appropriate, alternative methods would be better or the required forms are not
				complete, the Treasure shall inform the spending unit and work with the
				spending unit to meet its needs.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-12 - Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment › Section 112-12-4 - Convenience Fees or Service Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Treasurer may authorize the use of
				convenience fees or service fees unless use is prohibited by law.
4.2. The Treasurer shall set the amount of
				the convenience fees or service fees authorized.
4.3. The use of convenience fees or service
				fees shall follow the merchant rules or regulations established by card
				brands.
4.4. The Treasurer may
				contract with one or more card payment service providers.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-12 - Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment › Section 112-12-5 - Duties of Spending Units

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The spending unit shall acquire the necessary computer system, software, and
				other matters required to process transactions.
5.2. For internet transactions, the website
				of a spending unit shall contain:
5.2.1. A
				complete description of the goods or services offered;
5.2.2. The returning merchandise and refund
				policy;
5.2.3. A customer service
				contact, including an electronic mail address and telephone number;
5.2.4. A statement that the transaction
				currency is US dollars;
5.2.5. Any
				legal or other restrictions;
5.2.6.
				The policy on order fulfillment, including, but not limited to, delivery policy
				and practices;
5.2.7. Re-direct
				services to re-direct customers to the Treasurer's payment gateway to select
				the method of payment and execute the payment. The spending unit shall also
				develop the "front end" website that will connect to the Treasurer's payment
				gateway;
5.2.8. The privacy
				policy;
5.2.9. An opt-in system for
				customers to receive mail, electronic or regular US mail, that only retains
				information provided by a customer that has authorized maintenance of that
				information;
5.2.10. A guarantee to
				not sell or share the names and addresses of customers unless specific
				authorization is granted in the West Virginia Code;
5.2.11. Appropriate security controls;
				and
5.2.12. A conspicuous
				disclosure of the nature and amount of the convenience or service
				fees.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-12 - Procedures for Fees in Collections by Charge, Credit or Debit Card or by Electronic Payment › Section 112-12-6 - Treasurer's Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Treasurer shall:
6.1.1. Provide the training
				and assistance needed for a spending unit to accept payments for electronic
				commerce;
6.1.2. Provide a list of
				the type of approved methods to accept payment for electronic commerce and make
				the methods available for use by spending units;
6.1.3. Obtain merchant account numbers for
				spending units authorized to collect payments for electronic commerce;
				and
6.1.4. Test the acceptance
				process prior to implementing the acceptance of payments.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for the State Treasurer's Office to provide
				services to political subdivisions.
1.2. Authority. - W. Va. Code §
									12-3A-6.
1.3. Filing Date. - April 7, 2022
1.4. Effective Date. - April 7,
				2022
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-3 - Political Subdivisions Using Treasurer's Services

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Political subdivisions may request to
				use the Services offered by or agreements made available by the
				Treasurer.
3.2. A political
				subdivision shall complete the application and any documents provided by the
				Treasurer.
3.3. An authorized
				signatory of the political subdivision shall sign the agreement, application,
				and any other documents required by the Treasurer.
3.4. The Treasurer shall review each
				submitted request and application.
3.5. If a request or application is not
				complete or timely, or if the Treasurer is not able to provide the requested
				services, the Treasurer may reject the request or application.
3.6. The Treasurer shall provide an
				explanation of the reasons for rejection of a request or application.
3.7. If the Treasurer determines alternative
				services to the services requested by the political subdivision may be better
				suited to the activity, the Treasurer shall inform the political subdivision of
				the alternative services. The Treasurer shall provide only the services
				selected by the political subdivision.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-4 - Duties of Political Subdivisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Political subdivisions shall acquire any
				goods or services necessary for the Treasurer to provide services.
4.2. For Internet transactions, the political
				subdivision website shall contain information required by the
				Treasurer.
4.3. Political
				subdivisions using the services of the Treasurer shall agree to maintain
				security and confidentiality standards that at a minimum comply with standards
				established by the Treasurer.
4.4.
				Political subdivisions are responsible for all discount and other fees and
				amounts assessed or charged in connection with the services.
4.5. Each political subdivision shall
				establish procedures to reconcile transactions processed with the amounts the
				Treasurer deposits into the account designated by the political
				subdivision.
4.6. Political
				subdivisions using the services of the Treasurer shall comply with all
				regulations, certifications, and other matters required with the acceptance of
				charge, credit, or debit cards.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-5 - Treasurer's Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Treasurer shall:
5.1.1. Determine which, if
				any, of the services it may provide;
5.1.2. Determine the documents and the terms
				and conditions of any agreement a political subdivision shall sign;
5.1.3. Provide the training and assistance
				needed for a political subdivision to use the services;
5.1.4. Obtain merchant account numbers for
				political subdivisions authorized to use the services;
5.1.5. Test the acceptance process prior to
				implementing the services; and
5.1.6. Transfer by ACH all the moneys
				approved for a political subdivision into a financial institution account or an
				investment account designated by the political subdivision.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-6 - Convenience Fees or Service Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A political subdivision using the
				services of the Treasurer may require customers using its website to pay a
				convenience fee or service fee, unless the fee is prohibited by law.
6.2. The Treasurer shall set the amount of
				the convenience fees and service fees authorized.
6.3. The use of convenience fees or service
				fees shall follow the merchant rules or regulations established by card
				brands.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-13 - Procedures for Providing Services to Political Subdivisions › Section 112-13-7 - Political Subdivision Financial Electronic Commerce Requirement and Exemption Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. On
				or before March 1, 2023, every political subdivision must offer a system, with
				an online presence for acceptance of payments through the STO, in accordance
				with specifications above or through an outside entity.
7.2. A political subdivision may seek an
				exemption from the requirement to offer the system described in section 7.1.
				Criteria for granting an exemption is established according to Treasurer's
				Office internal procedures and the determination of whether to grant an
				exemption will be based on the information a political subdivision includes in
				an exemption request.
7.3. To
				request an exemption, a political subdivision must submit a written exemption
				request to the Treasurer. The following information must be included in an
				exemption request:
7.3.1. The types and annual
				totals of state revenue collected by the political subdivision;
7.3.2. The types and annual totals of any
				other revenue collected by the political subdivision; and
7.3.3. Information regarding the political
				subdivision's business operations, as requested by the STO.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. - This
				administrative rule governs travel by the State Treasurer's Office ("STO")
				officers, board members and employees.
1.2 Authority. - West Virginia Code §
				12-3-11.
1.3 Filing Date.-September
				9, 2011.
1.4 Effective Date. -
				October 1, 2011.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-2 - General Information

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The
				STO has an "accountable plan" for reimbursement of travel expenses and will
				only reimburse for actual expenses or in an amount deemed
				substantiated.
2.2 Travel expenses
				will be reimbursed for all legitimate and reasonable expenses considered
				necessary for the proper conduct of STO business in accordance with this
				rule.
2.3 An employee is in travel
				status when he or she is traveling on behalf of the STO.
2.4 Reimbursement of travel expenses incurred
				by consultants, contractors and non-employees will be as specified in an
				agreement with the STO. The STO prefers travel expenses of consultants,
				contractors and non-employees to be included in the fees specified in the
				agreement.
2.5 Prior approval of
				the State Treasurer or Assistant Treasurer is required for the following:
2.5.1 Out-of-state travel;
2.5.2 Non-STO conferences;
2.5.3 When personal travel is combined with
				business travel; and
2.5.4 Travel
				funded by a source other than the STO (such travel must comply with the West
				Virginia Code and West Virginia Ethics Commission rules, guidelines and
				opinions).
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-3 - Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Travel expense
				accounts must be filed to obtain reimbursement, and should be filed at least on
				a monthly basis.
3.2 The STO will
				not reimburse an employee for any expense paid by another source for the same
				expense.
3.3 Expense reimbursements
				are limited to the amounts authorized by the U.S. General Services
				Administration ("GSA").
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-4 - Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Meal expenses
				are reimbursable only for travel requiring overnight lodging.
4.2 Meal reimbursement is allowed when
				lodging is "gratis" or provided at no charge.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-5 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Reimbursement
				will be made for the actual costs incurred for bus, train or coach air travel,
				vehicle rental, state-owned vehicle usage, taxi and shuttle service, tolls and
				parking.
5.2
Commercial
				Airlines
5.2.1 Allowable
				reimbursement for commercial airline travel shall include the actual cost for
				the least expensive logical fare via the most direct route, or a reasonable
				alternative route if it results in a lower fare.
5.2.2 Travelers may not specify a particular
				airline to accumulate mileage or promotional plans such as frequent flyer
				programs if it results in a higher fare.
5.2.3 Refundable or unused airline tickets
				shall be returned immediately to the ticket issuer for proper credit or
				refund.
5.2.4 All airline ticket
				credits, rebates or refunds must be sent to the STO.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-6 - Lodging

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Lodging for an
				employee traveling on State business is reimbursable where the distance is more
				than fifty (50) miles from his or her official work location or home, whichever
				is the shorter distance, and an overnight stay is required.
6.2 Reimbursement is limited to actual hotel
				charges for the least expensive single room rate available including all
				applicable taxes and surcharges.
6.3 If more than one employee shares a room,
				one of the employees may claim the total charge at the rate charged for that
				number of persons in one room; or, they may request the charge be split between
				them accordingly. Each one will need to be referenced on the other's expense
				report.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-7 - Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1
				Registration fees for meetings, conferences, seminars, and/or workshops are
				reimbursable.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-8 - Other Expenses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 Other
				business-related expenses incurred while traveling on behalf of the STO and not
				personal to the traveler may be reimbursed. This includes, but is not limited
				to, baggage, luggage, transfer, storage, copying, communication (internet,
				local and long distance calls and faxes), and related fees and
				expenses.
8.2 Valet charges will
				only be reimbursed where self-parking is not available or where self-parking
				costs more than valet parking.
8.3
				Fees and expenses personal to the traveler are not reimbursable, Including,
				without limitation, laundry, physical fitness areas, spas, travel or life
				Insurance, entertainment, clothing and similar fees and expenses.
8.4 When a non-employee accompanies STO
				employees on official business which involves overnight stays, the STO shall In
				no way be responsible or liable for any expenses, actions or Inaction of the
				non-employee whatsoever.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-14 - Travel Rules › Section 112-14-9 - Restrictions, Exceptions or Waivers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 The State Treasurer reserves the right to
				restrict travel or to grant an exception or waiver to any provision of this
				rule, and to revoke, suspend, rescind or amend this rule at any time.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the operations, meetings, records and officers of the West
				Virginia College and Jumpstart Savings Programs Board of Trustees and its
				committees.
1.2 Authority. -- W.
				Va. Code §
									18-30-5.
1.3. Filing Date. -- August 26,
				2022
1.4. Effective Date. --
				September 26, 2022
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule, unless a different meaning is
				  clearly required by the context:
2.1.
				"Acts" means the West Virginia College Tuition and Savings Program Act in W.
				Va. Code §
									18-30-1
et seq
and the West Virginia Jumpstart Savings Act in W. Va.
				Code § 18-30A-1
et seq.
2.2. "Board" or "Board of Trustees" means the
				West Virginia College and Jumpstart Savings Programs Board of
				Trustees.
2.3. "Treasurer" means
				the West Virginia State Treasurer, or his or her designee.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-3 - Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The principal
				office of the Board shall be located at the State Capitol in the City of
				Charleston, County of Kanawha, State of West Virginia. The Board may have such
				other office or offices, and transact business, either within or without the
				State of West Virginia, as the Board may designate or as the business of the
				Board may require from time to time.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-4 - Trustees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Eleven
				persons, who must all be state residents, constitute the Board: the State
				Treasurer, or his or her designee, who is chairperson and presiding officer of
				the Board; the State Superintendent of Schools, or his or her designee; one
				representative appointed by the Higher Education Policy Commission, who may or
				may not be a member of the Higher Education Policy Commission;, one
				representative of the Council for Community and Technical College Education,
				who may or may not be a member of the Council for Community and Technical
				College Education; and seven other state residents appointed by the Governor
				with the advice and consent of the West Virginia Senate. Of the seven persons
				appointed, three_persons shall be private citizens not employed by, or an
				officer of, the state or any state political subdivision with knowledge, skill,
				and experience in a financial field, with reasonable efforts to appoint one
				such citizen who holds a designation of Chartered Financial Analyst, offered by
				the CFA Institute; two persons with knowledge, skill, and experience in trade
				occupations or businesses with one person representing a labor organization
				representing tradespersons in this state and one person representing a business
				or entity offering trade or skilled labor apprenticeships in this state; and
				two persons shall represent the interests of private institutions of higher
				education in West Virginia appointed from one or more nominees of the West
				Virginia Independent Colleges and Universities.
4.2. The Board shall have such powers and
				duties as provided for by law, including, without limitation, the
				Acts.
4.3. The term of an appointed
				Trustee shall be for five years, or until his or her death, disability,
				resignation, removal or the appointment of a successor. A Trustee may be
				reappointed. A Trustee appointed by the Governor to fill a vacancy shall be a
				person representing the same interests and shall serve for the balance of the
				unexpired term.
4.4. Resignations
				and Vacancies
4.4.1. Resignations from the
				Board shall be in writing, sent to the Governor, with a copy sent to the
				Chairman. Neither the Governor nor the Board is required to accept or to act on
				a resignation for it to be effective.
4.4.2. Appointments to fill vacancies
				existing on the Board, including without limitation a vacancy resulting from
				the death, disability, resignation or removal of a Trustee, shall be for the
				unexpired term.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-5 - Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may
				establish standing and special Committees as it considers necessary to carry
				out its responsibilities. The Chairman may establish one or more special
				Committees as he or she considers appropriate. The Chairman shall appoint
				Committee members and may appoint Trustees and other persons to serve on
				Committees. Each standing Committee shall report at each Board meeting.
				Committees established by the Board shall continue in existence until dissolved
				by action of the Board.
5.2. The
				designation and appointment of a committee and the delegation thereto of
				authorities shall not operate to relieve the Board or any individual Trustee of
				any responsibility imposed upon it or him by law.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-6 - Board and Committee Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All Board and Committee meetings, and
				all notices required, shall comply with the provisions of the West Virginia
				Open Governmental Proceedings Act, W. Va. Code §
									6-9A-1-et
				seq.
6.2. Quarterly meetings of the
				Board shall be held at such time and place as called by the Chairman or as
				determined by the Board.
6.3. The
				Board shall hold an annual meeting each year, which meeting shall be considered
				a quarterly meeting.
6.4. Committee
				meetings shall be held at such time and place as called by the Chairman, the
				Committee Chairman or any two members of the Committee.
6.5. Special and Emergency Meetings
6.5.1. A special meeting is a meeting called
				for a special purpose and is other than a regular or emergency meeting. An
				emergency meeting is called to address an unexpected event which requires
				immediate attention because it poses an imminent threat to public health or
				safety, an imminent threat of damage to public or private property, an imminent
				material financial loss or other imminent substantial harm to a public agency,
				its employees or the members of the public which it serves.
6.5.2. Special and emergency Board meetings
				may be called by or at the request of the Chairman or by any two Trustees.
				Special and emergency Committee meetings may be called by or at the request of
				the Chairman or by any two members of the Committee. The purpose of an
				emergency meeting must be stated at the meeting and in the
				minutes.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-7 - Officers

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7.1. The officers
				of the Board shall be the Chairman and Secretary. The Board may elect or
				appoint any other officers as it considers necessary.
7.2. One person may hold more than one
				office, except that the Chairman and Secretary shall not be the same person. No
				officer shall execute, acknowledge or verify any instrument in more than one
				capacity, if such instrument is required by law or the Bylaws to be executed,
				acknowledged, verified or countersigned by two (2) or more officers.
7.3. Chairman
7.3.1. The Chairman shall be the principal
				executive officer of the Board and, subject to the control of the Board, shall
				in general supervise and control the business, operations, transactions and
				other matters of the Board. He or she shall, when present, preside at all
				meetings of the Board, and, in general, perform all duties incident to the
				office of the Chairman.
7.3.2. As
				Chairman, his or her duties include, but are not limited to, negotiating and
				signing any contract or other document or instrument which the Board has
				authorized to be executed, except in cases where the signing and execution
				thereof shall be expressly delegated by the Board to another person, or shall
				be required by law to be otherwise signed or executed; providing personnel from
				the State Treasurer's Office to act as staff for the Board and taking all
				necessary actions in connection with personnel related matters; obtaining all
				necessary goods and services needed for operation of the Program; representing
				the Board; and performing such duties as may be required by his position or as
				prescribed by the Board.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-8 - Designees and Indemnification

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8.1.
				Any duty authorized, provided and/or required to be performed by any Trustee or
				officer of this Board may be performed by his duly authorized
				designee.
8.2. To the extent
				permitted by law, each current and former Trustee, officer, designee, Committee
				member and State Treasurer's Office employee performing services on behalf of
				the Board, his heirs and personal representatives, shall be indemnified by this
				Board against costs and expenses (including judgments, fines, taxes, penalties
				and interest) at any time reasonably incurred by him arising out of or in
				connection with any claim, action, suit or proceeding, civil or criminal,
				administrative or investigative, against him or to which he may be made a party
				by reason of his being or having been a Trustee, officer, designee, Committee
				member or State Treasurer's Office employee performing services on behalf of
				the Board, except in relation to matters as to which he shall be adjudged in
				such action, suit or proceeding to be liable for gross negligence or willful
				misconduct in the performance of a duty to the Board. If in the judgment of the
				Board, a settlement of any claim, action, suit or proceeding so arising be
				deemed in the best interest of the Board, any such Trustee, officer, designee,
				Committee member or State Treasurer's Office employee performing services on
				behalf of the Board shall be reimbursed for any amounts paid by him in
				effecting such settlement and reasonable expenses incurred in connection
				therewith. If payment of any costs and expenses is advanced pursuant to this
				provision prior to adjudication or settlement, such payments shall be repaid to
				the Board in the event it shall ultimately be determined that such Trustee,
				officer, designee, Committee member or State Treasurer's Office employee
				performing services on behalf of the Board is not entitled to be indemnified by
				the Board pursuant to this provision or pursuant to a duly adopted resolution
				of the Board. The right of indemnification set forth herein shall be in
				addition to any and all other rights to which any Trustee, officer, designee,
				Committee member or State Treasurer's Office employee performing services on
				behalf of the Board may be entitled as a matter of law or pursuant to a duly
				adopted resolution of the Board, provided that the Board shall not indemnify
				any person or persons who shall be adjudged liable for gross negligence or
				willful misconduct in the performance of a duty to the Board.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-9 - Contracts and Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any
				member of the Board is authorized to receive any moneys due and payable to the
				Board from any source whatsoever.
9.2. The Board may authorize the Chairman or
				its officers or agents to enter into any contract or execute and deliver any
				instrument in the name of and on behalf of the Board. A contract, agreement or
				purchase required in the normal course of business in the total amount of
				$25,000.00 or less does not require Board approval.
9.3. No contract or other transaction between
				the Board and one or more of its Trustees, agents or any other corporation,
				firm, association or entity in which one or more of its Trustees are Trustees
				or officers or are financially interested, shall be authorized by the Board
				unless such contract or transaction has been approved in writing by the West
				Virginia Ethics Commission.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-10 - Fiscal Year and Accounting Period

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The fiscal year and accounting period
				of the Board shall begin July 1 and end June 30 each year.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-11 - Appeals Process

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In
				the event that an applicant, account owner, or beneficiary of a program
				administered by the Board or another individual wishes to appeal a decision
				made by the Board, the Chair shall appoint a three-member appeals subcommittee
				to be the arbiter of all appeals brought before the Board.
11.2. The individual shall file any appeal
				with the Board within sixty (60) calendar days of the contested decision of the
				Board.
11.3. The Board shall notify
				the individual filing the appeal of any determination made by the appeals
				subcommittee within thirty (30) calendar days of the filing date of the
				appeal.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-12 - Parliamentary Authority

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12.1.
				Robert's Rules of Order shall govern the parliamentary procedures of Board and
				Committee meetings.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-15 - West Virginia College And Jumpstart Savings Programs Board of Trustees Bylaws › Section 112-15-13 - Amendments and Suspension

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				These Bylaws may be altered, amended or repealed and new Bylaws may be adopted
				by the Board at any regular or special meeting of the Board.
13.2. A unanimous vote of all members present
				at a Board meeting in which a quorum is present may suspend any provision of
				these Bylaws.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				rule implements the provisions of West Virginia Code §
									37B-2-1, et seq.,
				relating to the Unknown and Unlocatable Interest Owners Act concerning wells
				developed in accordance with West Virginia Code §
									37B-1-1 et seq., the
				Cotenancy Modernization and Majority Protection Act.
1.2. Authority. -- W. Va. Code §
									37B-2-7.
1.3. Filing Date. -- April 17,
				2019.
1.4. Effective Date. -- May
				1, 2019.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on May 1,
				2024.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purposes of this rule, the definitions and use of
				  terms contained in W. Va. Code §
									37B-1-1 et seq.,
				  §
									37B-2-1 et seq. and
				  §
									36-8-1 et
				  seq., have the same use and meaning as prescribed to them by the Code, unless a
				  different meaning is clearly required by the context. Additionally, for
				  purposes of this rule, the following definitions apply:
2.1. "Act" means the Unknown and Unlocatable
				Interest Owners Act, W. Va. §
									37B-2-1, et
				seq.
2.2. "Holder" means a person
				or entity obligated to hold for the account of, or deliver or pay to, an
				owner.
2.3. "Negative report" means
				a report for which there is no property or information required to be reported
				under the Act.
2.4. "Owner" means
				an unknown or unlocatable interest owner as defined in West Virginia Code
				§
									37B-1-3.
2.5. "Property" means a reserved interest of
				an owner reportable under the Act.
2.6. "UUPA" means the Uniform Unclaimed
				Property Act, W. Va. Code §
									36-8-1, et
				seq., and the rules promulgated in accordance with the UUPA.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-3 - Conflict

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Act and
				the UUPA are to be read in conjunction with each other and not in conflict. In
				the event of a conflict, the administrator shall establish the controlling
				provision.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-4 - Presumption of Abandonment

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4.1.
				Reserved interests are presumed abandoned and reportable under the Act when a
				holder has not paid the owner and is unable to identify or locate the
				owner.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-5 - Due Diligence and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Holders shall make reasonable efforts to identify and locate every owner of a
				reserved interest in the possession of the holder not less than once per
				calendar year before submitting a report to the administrator. Holders may not
				charge the expenses of identifying or locating an owner against the amount owed
				the owner.
5.2. If a holder has
				been unable to determine the name of an owner, due diligence under this §
				112-16-5 is not required.
5.3.
				Holders shall file reports in the form and format established by the
				administrator.
5.4. Holders of
				property reportable shall file their initial report within 120 days from the
				date upon which the property became reportable. The report shall be verified
				and filed with the administrator containing the following:
5.4.1. any information that identifies the
				reserved interest, including without limitation, the legal description of the
				real property interest, name of the county and district in which the mineral
				property is located, tax map and parcel of the associated surface property at
				the time of the report, tax map and parcel of the mineral interests at the time
				of the report, watershed and stream information, American Petroleum Institute
				number for the well or wells, and division orders;
5.4.2. a designation of the reserved interest
				as belonging to an owner and all information known about the owner, including,
				without limitation, any names, addresses, social security number or taxpayer
				identification number, date of birth, date of death, driver's license number,
				telephone numbers and e-mail addresses; and
5.4.3. date or dates which the reserved
				interest became payable under the Act.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-6 - Payment or Delivery

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Holders shall remit the amount of property reportable in the manner determined
				by the administrator, including, without limitation, by electronic funds
				transfer.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-7 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In addition to
				the published notice required in W. Va. Code §
									36-8-9,
				the administrator may use other forms of advertising that, in the judgment of
				the administrator, would be in the best interests of the reported owners of the
				unclaimed property.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-8 - Crediting interest to owner's account

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 The administrator may invest the moneys
				deposited in an owner's account with the West Virginia Board of Treasury
				Investments, and then credit any earnings received to the account. Interest
				shall accrue to an owner's account from the date the funds are invested to the
				third anniversary of the receipt by the administrator.