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CHAPTER 237.

APPROPRIATION-EXPENSE OF LEGISLATURE.

AN ACT making an appropritaion for the payment of the per diem of the members and contingent expenses of the Fifth Legislature and declaring an emer

gency.

Be It Enacted By The People Of The State Of Oklahoma:

Appropriation-Per Diem and Expense.

Section 1. There is hereby appropriated out of any money in the State Treasury, not otherwise appropriated the sum of twenty-five thousand ($25,000.00) dollars or so much thereof as may be necessary to pay the per diem of of the members and the contingent expenses of the regular session of the Fifth Legislature, the mileage and per diem of the members of the Senate and the Board of Managers representing the House of Representatives while sitting as a Court of Impeachment, witness fees and expenses, per diem of officers and employees, and the contingent expenses of the Senate while sitting as a Court of Impeachment, journals of the respective Houses, and Session Laws of the Fifth Legislature.

Emergency.

Section 2. For the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in force from and after its passage and approval.

Approved March 22, 1915.

CHAPTER 238.

PUBLIC FUNDS-STATE DEPOSITORY-DUTIES OF STATE OF

FICERS.

AN ACT designating and creating an official depository for all moneys, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, foreitures and public charges of every kind received or collected by virtue or under color of office by any state officer, state board, state commission, or any employee of any such officer, board or commission, and fixing bond therefor; providing for the depositing of funds therein and the withdrawal of the same therefrom, and the reporting thereof to the State Auditor; providing for selection of banks, and taking securities and bonds therefrom; for the redepositing of such moneys and funds; the collection of interest on daily balances; and fixing penalty for violation hereof.

Be It Enacted By The People Of The State Of Oklahoma:

State Depository-State Treasurer-Bond.

Section 1. The State Treasure is hereby designated and made the official depository for all moneys, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, forfeitures and public charges of every kind that may be received by any state officer, state board, state commission or by any employee of either of such officers, boards, or commissions by virtue or under color of office. Before receiving any such money or funds, as such official depository, the State Treasurer shall execute a bond to the state, with good and sufficient sureties, to be approved by the Governor in the penal sum of fifty thousand ($50,000.00) dollars, conditioned for the faithful performance of duty; provided, that before any funds under the charge and management of the Commissioners of the Land Office by virtue of section 32, of article 6 of the Constitution or other provision of law, shall be received or paid over to the State Treasurer as such official depository, he shall execute a bond in a surety company in the penal sum of two hundred thousand dollars, payable to the state and to be approved by the Governor, conditioned for the faithful performance of his duties and especially to account for all funds coming into his possession as such depository from the Commissioners of the Land Office, or anyone acting for them.

Fees and Penalties Collected by State Officers-Payment to State. Section 2. It shall be the duty of each and every state officer, state board, state commission and all members and employees of either thereof, to deposit daily in the official depository designated in section one (1) hereof, all moneys, checks, drafts, orders, vouchers, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, forfeitures and public charges of every kind received or collected by virtue or under color of office, and all such funds. and moneys in the hands of any such officer, board, commission, or of any member or employee of either thereof, at the time this act becomes effective shall be immediately transferred to and covered into the said official depository; provided, that all checks, drafts, orders and vouchers so deposited shall be credited and cleared at par, and should payment be refused on any such check, draft, order or voucher or should the same prove otherwise worthless, the amount thereof and any costs accruing thereon, shall be a charge against the account theretofore credited with the same, and the officer, board, commission, or member or employee of either thereof so depositing any such unpaid or worthless check, draft, order or voucher shall be liable for any loss to the state, its funds, or funds under its management, occasioned by the acceptance of any such unpaid or worthless check, draft, order or voucher. All moneys when so received by the State Treasurer, as such official depository shall be by him deposited daily in banks designated and qualified as depositories, as hereinafter provided, and shall draw interest at the rate of not less than three per centum (3%) per annum on average daily balances, which said interest shall be paid monthly and when collected shall be credited to the respective funds and accounts so earning the same.

State Depositories-Limit of Deposits-Funds From Public Lands.

Section 3. The Governor, Attorney General and State

Treasurer are hereby authorized and directed to select a number of banks within the State of Oklahoma as depositories for all moneys and funds coming into the hands of the State Treasurer as the official depository designated in this act; such banks must be in good standing at the time of the selection and shall pay interest at the rate of not less than three per centum (3%) per annum on daily balances, and shall collect free of charge such checks, drafts, orders and vouchers as may be deposited in the regular course of business, and shall pay all checks, drafts, orders and vouchers legally authorized and duly drawn on the moneys and funds so deposited in such banks.

There shall not be deposited in any one of such banks an amount of the official depository funds and moneys, together with the amount of any deposit of State Treasury funds, in excess of the capital stock of any such bank. Such banks shall, on or before the second Monday in each month, make a report in duplicate, filing one thereof with the State Auditor and the other with the State Treasurer, showing the debits, credits and balances for each day of the previous calendar month, and at the same time shall return to the State Treasurer all vouchers redeemed during such month; provided, that as to all funds received by the Treasurer as such official depository from the Commissioners of the Land Office, or anyone acting for them, such funds shall be kept in a separate account by said Treasurer, and the interest accruing on said funds shall become a part of the said funds; provided, further, that the Commissioners of the Land Office shall select the banks within the State of Oklahoma that may be used as depositories by said Treasurer as official depository of such moneys and funds coming into his hands in such capacity from the Commissioners of the Land Office, or anyone acting for them, and approve the bonds or securities offered for such deposits. Such banks must meet the requirements as prescribed in this section for banks to be selected by the Governor, At

torney General, and the State Treasurer as depositories for other public moneys, and the deposits of such funds shall be made in said bank by the State Treasurer. The maximum amounts to be deposited in each bank to be designated by the Commissioners of the Land Office; provided, that in making such deposits the Treasurer shall not make discrimination between the designated depositories.

Security for Deposits.

Section 4. Any and all banks selected as such depositories shall deposit with the State Treasurer, as such official depository, subject to approval as hereinafter provided, as security for such moneys or funds, United States bonds; state bonds or warrants, county bonds or warrants, city bonds or warrants, town bonds or warrants, township bonds or warrants, school district bonds or warrants, issued under authority and in compliance with the statutes of Oklahoma; or other legal evidence of indebtedness issued by municipalities of this state, in payment of paving, sewer, waterworks, electric light or other public indebtedness and for the payment of which a special tax is authorized to be levied and collected; first mortgage bonds on farm lands located in the State of Oklahoma, provided, that such first mortgage bonds shall not exceed forty per centum (40%) of the actual cash value of such farm lands, and shall bear interest at not less than six per centum (6%) per annum; or approved state, county and municipal bonds of other states, in an amount equal to such deposit, to be held as security for such moneys and funds until such banks shall have returned in full and fully paid the sum or sums deposited with interest thereon. In addition to the foregoing securities, or in lieu thereof, surety or trust company bonds may be accepted as security for such deposit; provided, that no surety or trust company shall be interested, directly or indirectly, in any manner, in any bank or trust company for which it becomes surety, nor shall any bond of any surety or trust company be accepted that has more than one-fourth (14) of its paid capital invested

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