Election officers. Misdemeanor. Penalty. Wilful fraud, etc. Misdemeanor Penalty. ties. Any election officer who permits a person to vote at any primary, with the knowledge that such person is not so entitled to vote, or refuses to permit any lawfully entitled elector to vote at such primary, with the knowledge that such person is so entitled to vote, or who refuses to permit him to receive the party ballot for which he asks, after having executed the affidavit herein provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars or to undergo an imprisonment not exceeding five years, or both, in the discretion of the court. Any election officer or clerk who shall be guilty of any wilful fraud in the conduct of his duties at a primary, or who shall make a false return of the votes cast at such primary, or who shall deposit fraudulent ballots in the ballot box, or who shall certify as correct a return of ballots in the ballot box which he knows to have been fraudulently deposited therein, or who shall write false names in the lists of voters for the purpose of concealing the deposit of such fraudulent ballots or of aiding in the perpetration of such fraud, or who shall conspire with others to commit any of the offenses herein mentioned, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars or to undergo imprisonment not exceeding five years, or both, in the discretion of the court. Except as modified by the terms of this act, elecPains and penal- tion officers shall be subject to the same pains and. penalties for violations or neglect of their duties at a primary as they are or hereafter may be subject to for violation or neglect of such duties at elections. In all other respects, officers officiating at primaries shall be subject to the pains and penalties provided by law for offenses committed at primaries. The existing laws relating to bribery at primaries shall continue in force, and shall apply to bribery at primaries as provided by this act. Bribery. Repeal. Section 15. All laws or parts of laws inconsistent herewith are hereby repealed. APPROVED-The 17th day of February, A. D. 1906. No. 11. AN ACT To regulate the deposits of State funds, to prescribe the method of selecting State depositories, to limit the amount of State deposits, to provide for the security of such deposits, to fix the rate of interest thereon, to provide for the publication of monthly statements of moneys in the general and sinking funds, to declare it a misdemeanor to give or take anything of value for obtaining the same, and prescribing penalties for violations of this act. depositories. Section 1. Be it enacted, &c., That on and after Selection of State the first day of June, one thousand nine hundred and six, the selection of the banks, banking institutions, or trust companies, in which the State moneys shall be deposited, shall be made by the Revenue Commissioners and the Banking Commissioner, jointly, or a majority of them; and for this purpose they shall meet once a month, or oftener at the call of the State Treasurer; but no selection shall be made of any institution not subject to National or State supervision, except as hereafter provided. tion. ment. Section 2. All banks, banking institutions, or trust companies desiring to become depositories of State moneys shall make written application to the State Written applicaTreasurer for a deposit of State moneys, designating the amounts of deposits solicited, and accompanying their applications by a written statement of the Written stateamount of their capital actually paid in, the amount of their surplus, the number of their stockholders, and whether their stock is well distributed, or largely held by a few individuals, and the length of time that said institution has been engaged in business under its charter, verified by the oath or affirmation of the Verification. president, cashier, or trust officers, as the case may be. Said State Treasurer shall present the same to the Revenue Commissioners and Banking Commissioner, acting jointly, for their consideration, within thirty days, and that where a selection of any bank, banking institution, or trust company as a depository of State moneys has been made by the Revenue Commissioners and the Banking Commissioner, or a majority of them, as aforesaid, without a previous application, as aforesaid, it shall be the duty of the depository so selected to furnish, on request, the information aforesaid, verified in the manner stated. Section 3. That the Revenue Commissioners and Banking Commissioner, or a majority of them, shall Revenue ComBanking Commis jointly. missioners and sioner to act Private banking institutions. Proviso. Statement. Proviso. Subject to supervision. Examinations. Deposits, limitations of. Proviso. Active banks. Collections. Bond. Warrant of attorney. Surety. Individual sureties. be and are hereby authorized to select as depositories for State funds private banking institutions, located and doing business in this Commonwealth: Provided, The same file a statement in writing, to the said Revenue Commissioners and the Banking Commissioner, that they will subject themselves to the same supervision, in all regards, as the other depositories named in the foregoing section, two. And provided further, That they will, in all regards, comply with the conditions required of any other depository; and after such selection of any private banking institution as a depository, the same shall be in all regards subject to such supervision and restrictions as other depositories selected by the Revenue Commissioners and Banking Commissioner, and be subject to examination by the State Banking Department and its examiners, at any time; and it shall be the duty of said Banking Department to make such examinations at any time after said private banking institutions become State depositories. Section 4. That no bank, banking institution, or trust company shall receive a deposit of State moneys in excess of twenty-five per centum of its paid in capital and surplus; and no bank, banking institution, or trust company shall receive a deposit, or have at any one time an aggregate of deposits, in excess of three hundred thousand dollars ($300,000): Provided, That this section shall not apply to the institutions to be designated by the Revenue Commissioners and the Banking Commissioner, or a majority of them, as active depositories of state funds, subject to check daily by the State Treasurer. The active banks, so designated, shall be required to make all collections for the Commonwealth without cost or compensation, but at no time shall the combined deposits in the active banks exceed the total sum of five million dollars. Section 5. That all banks, banking institutions, and trust companies, selected as aforesaid, shall, upon the receipt of notice of such selection as depositories of State moneys, furnish a bond to secure payment of deposits and interest to the Commonwealth of Pennsylvania, with a proper warrant of attorney to confess judgment in favor of the Commonwealth, secured by a surety company or individual sureties, to be approved by the Revenue Commissioners and Banking Commissioner, or a majority of them, in double the amount of the deposit to be made, and, if corporate bonds are given, no one company shall be approved in an aggregate amount in excess of five times its capital, surplus and reserve. Section 6. That whenever individual sureties are presented for approval, they shall qualify in an aggre gate, over and above their individual liabilities, to three times the amount of the deposit; no one person to qualify for more than one-fourth of the total amount required. Section 7. That in lieu of the surety bonds of surety companies, or of individuals, as aforesaid, the de posit of State moneys may be secured by the deposit Deposit of securiwith the State Treasurer of United States, municipal, ties. or county bonds, to be approved by the Revenue Commissioners and the Banking Commissioner, or a majority of them, in an amount, measured by their actual market value, equal to the amount of deposit so secured and twenty per centum besides. bonds to be accompanied by proper assignments or power of attorney to transfer the same, and said trust deposit of securities to be maintained, on request, at the amount aforesaid, in case of any depreciation in the value thereof. Said Section 8. The interest rate to be paid by the depositories upon all State deposits shall be at the rate Interest rate. of two per centum per annum, and all distinctions between active and non-active depositories, as to interest rate, shall be abolished. The Revenue Commissioners and the Banking Commissioner, or a majority of them, shall designate two banks or trust companies in Dauphin county, two banks or trust companies in Philadelphia county, and two banks or trust companies in Allegheny county, to be known as active depositories, in which shall be Active depositodeposited a sufficient amount of the daily receipts of the State Treasury to transact the current business of the Commonwealth. ries. State Treasurer, of. Section 9. Nothing in the act contained shall be held to prevent the State Treasurer from withdrawing any or all of said funds, so deposited, for the purpose powers and duties of paying the appropriations and obligations of the Commonwealth; and nothing herein contained shall in any way affect the duty of the State Treasurer to keep a correct and accurate account of all moneys received for the use of the Commonwealth, and pay out the same only on authority of law; but the said State Treasurer shall be, as heretofore, personally Liability. responsible for a faithful performance of his duties under the law, and for a proper accounting of all moneys paid to him as State Treasurer; but he shall not be held personally liable for any moneys that may be lost by reason of the failure or insolvency of any bank, banking institution or trust company selected as aforesaid. Section 10. The Revenue Commissioners and the Banking Commissioner, or a majority of them, in case they are of the opinion that the credit of any of said depositories is impaired, the safety of the State deposits imperiled, or for any other cause whatso Revenue Commis sioners and Bank ing Commis sioner, powers and authority of. Monthly statement of the State Treasurer. Verification. Publication. Misdemeanor. Penalty. Repeal. ever, shall have power and authority to require the State Treasurer to reduce, change, or wholly withdraw, within thirty days, any deposit or deposits held by any such depository or depositories. Section 11. The State Treasurer, on the first business day of each month, shall render a statement of account to the Auditor General, giving in detail the different sums which go to make up the grand total of the amount on that day in the State Treasury, including moneys appropriated to the sinking fund. Such statement shall include the names of banks, banking institutions or trust companies with whom the public funds are deposited, with the various amounts of such deposits, and shall be verified by oath or affirmation of the State Treasurer, and recorded in a book kept for that purpose in the Auditor General's office; and such record shall be open for the inspection of the Governor, heads of departments, members of the Legislature, or any citizen of the State desiring to inspect the same; and shall be correctly published in not more than six newspapers, two of which shall be published at Harrisburg, to be selected by the Auditor General, for general information; payment of publication to be made from moneys in the State Treasury, not otherwise appropriated. Section 12. It shall be a misdemeanor for any in dividual, whether a State officer, representative of a State officer, or a bank officer, or any representatives of a bank or bank officer, or officer of any trust company, or representative of any such officer, or any gobetween, to pay, receive, offer, or request any money or valuable thing or promise for the use of such State moneys, other than the interest payable to the State: or for any person to secure, or assist in securing, a State deposit for his or her own personal gain or benefit. Said misdemeanor shall be punishable by a fine of not less than five hundred dollars and not less than one year's imprisonment for each offense. Section 13. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED-The 17th day of February, A. D. 1906. |