West Virginia Code § 12-1-12

Investing funds in treasury; depositories outside the state
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(a) When the funds in the Treasury exceed the amount needed for current operational
purposes, as determined by the state Treasurer, the state Treasurer shall make all excess
funds available for investment by the board of Treasury Investments which shall invest the
excess for the benefit of the General Revenue Fund: Provided, That the state Treasurer, after
reviewing the cash flow needs of the state, may withhold and invest amountes not to exceed
$125 million of the operating funds needed to meet current operational purposes.
Investments made by the state Treasurer under this section shall be marde in short term
investments not to exceed five days. Operating funds means the consolidated fund
established in §12-6-8 of this code, including all cash and investments of the fund.
(b) Spending units with authority to retain interest or earnintgs on a fund or account may
submit requests to the state Treasurer to transfer moneys to a specific investment pool of
the Investment Management Board or the board of Treasury Investments and retain any
interest or earnings on the money invested. The General Revenue Fund shall receive all
interest or other earnings on money invested that are not designated for a specific fund or
account. s
(c) Whenever the funds in the Treasury exceed the amount for which depositories within the
state have qualified, or the depositogries within the state which have qualified are unwilling
to receive larger deposits, the state Treasurer may designate depositories outside the state,
disbursement accounts being beid for in the same manner as required by depositories within
the state, and when depositories outside the state have qualified by giving the bond
prescribed in §12-1-4 ofL this code, the state Treasurer shall deposit funds in the same
manner as funds are deposited in depositories within the state under this article.
(d) The State Treasurer may transfer funds to financial institutions outside the state to meet
obligations to paying agents outside the state if the financial institution meets the same
collateral requirements as set forth in this article.
(e) Notwithstanding subsection (b) of this section, at the direction of the Governor, interest
or earnings on federal moneys received by the state related to the COVID-19 pandemic,
including, but not limited to, moneys received pursuant to the Coronavirus Aid, Relief, and
Economic Security Act and the American Rescue Plan Act, shall be retained in the funds or
accounts where the moneys are invested unless otherwise restricted by federal law or
regulation, to be expended according to funding source restrictions. This subsection shall
apply retroactively to the date of receipt of the federal moneys described in this subsection.

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