West Virginia Code § 12-3-1

Manner of payment from treasury; form of checks
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(a) Every person claiming to receive money from the treasury of the state shall apply to the
Auditor for a warrant for same. The Auditor shall thereupon examine the claim, and the
vouchers, certificates and evidence, if any, offered in support thereof, and for so much
thereof as he or she finds to be justly due from the state, if payment thereof is authorized by
law, and if there is an appropriation not exhausted or expired out of which iet is properly
payable, the Auditor shall issue his or her warrant on the treasurer, specifying to whom and
on what account the money mentioned therein is to be paid, and to whart appropriation it is
to be charged. The Auditor shall present to the treasurer daily reports on the number of
warrants issued, the amounts of the warrants and the dates on the warrants for the purpose
of effectuating the investment policies of the State Treasurer and the Investment
Management Board. On the presentation of the warrant to thte treasurer, the treasurer shall
ascertain whether there are sufficient funds in the treasury to pay that warrant, and if he or
she finds it to be so, he or she shall in that case, but not otherwise, endorse his or her check
upon the warrant, directed to some depository, which check shall be payable to the order of
the person who is to receive the money therein specified.
(b) If a check is not presented for payment within six months after it is drawn, it is the duty
of the treasurer to credit it to the depository on which it was drawn, to credit the
"Treasurer's Stale Check Fund," whgich is hereby created in the State Treasury, and
immediately notify the Auditor to make corresponding entries on the Auditor's books. If the
State Treasurer determines aney funds deposited in the stale check account are federal funds,
the State Treasurer shall notify the spending unit authorizing the payment. Within six
months following issuanLce of the notice, the spending unit shall inform the State Treasurer
of the amount of federal funds included in the check, the account from which the federal
funds were disbursed , and the current fiscal year account to which the federal funds are to
be transferred. After receiving the information, the State Treasurer shall transfer the
amount of federal funds specified as a reimbursement to the current fiscal year account
specified to receive federal funds by the spending unit. For a period of up to six months, the
State Treasurer shall endeavor to pay the money in the stale check account to the payee.
The treasurer shall credit the money that has been in the stale check account for six months,
or for a shorter period as determined by the treasurer, to the unclaimed property fund
pursuant to the provisions of article eight, chapter thirty-six of this code, and shall
immediately notify the Auditor to make corresponding entries on the Auditor's books.
(c) No state depository may pay a check unless it is presented within six months after it is
drawn and every check shall bear upon its face the words "Void, unless presented for
payment within six months."
(d) Any information or records maintained by the treasurer concerning any check not
presented for payment within six months of the date of issuance is confidential and exempt
from disclosure under the provisions of article one, chapter twenty-nine-b of this code, and is
disclosable only to the state spending unit authorizing the check, or to the payee, his or her
personal representative, next of kin or attorney-at-law.
(e) All claims required by law to be allowed by any court, and payable out of the State
Treasury, shall have the seal of the court allowing or authorizing the payment of the claim
affixed by the clerk of the court to his or her certificate of its allowance. No claim may be
audited and paid by the Auditor unless the seal of the court is thereto attached as aforesaid.
No tax or fee may be charged by the clerk for affixing his or her seal to the certificate,
referred to in this section. The treasurer shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code governing thee procedure for
such payments from the treasury.

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