ENROLLED
H. B. 4548
(By Delegates Martin, Varner and Michael)
[Passed March 14, 1998; in effect from passage.]
AN ACT to amend and reenact sections ten-c and ten-d, article
three, chapter twelve of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section, designated
section ten-e, all relating to the state purchasing card
program; exempting the Legislature from any fees associated
with the use or nonuse of the state purchasing card; providing
that the purchasing card fund shall be administered by the
state auditor; and creating a purchasing card advisory
committee.
Be it enacted by the Legislature of West Virginia:
That sections ten-c and ten-d, article three, chapter twelve
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated section ten-e, all to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10c. Transaction fees; disposition of fees.
(a) In order to promote and enhance the use of the state
purchasing card program established by the provisions of section
ten-a of this article and in order to maintain and develop the
fiscal operations and accounting systems of the state, the auditor
and the treasurer may assess joint transaction fees for all
financial documents that will be processed on the central
accounting system. Such transaction fees shall be prescribed by
legislative rule proposed in accordance with article three, chapter
twenty-nine-a of this code and may include the following:
(1) A penalty fee to be assessed against spending units of
state government who submit claims for payment of goods and
services when those claims are authorized to be paid by use of a
state purchasing card and the spending unit has failed to utilize
the state purchasing card; and
(2) A transaction fee to be assessed against spending units of
state government for every transaction received, electronically or
otherwise, by the auditor from the centralized accounting system.
(b) All fees collected under this section shall be deposited
into the "Technology Support and Acquisition Fund" which is hereby
created in the state treasury to be administered by the auditor.
The auditor and treasurer shall use moneys deposited in the fund to maintain and develop the state purchasing card program, support the
fiscal operations of the state, including the state centralized
accounting system, and to acquire and improve the technology
required to support these functions: Provided, That expenditures
from the fund are authorized from collections and are to be made
only in accordance with an appropriation by the Legislature and in
accordance with the provision of article three of this chapter and
upon fulfillment of the provisions set forth in article two,
chapter five-a of this code: Provided, however, That for the
fiscal year ending the thirtieth day of June, one thousand nine
hundred ninety-eight, expenditures from the fund may be made from
collections: Provided further, That the Legislature is exempt from
any fees imposed under this section.
§12-3-10d. Purchasing card fund created; expenditures.
All money received by the state pursuant to any agreement with
vendors providing purchasing charge cards shall be deposited in a
special revenue revolving fund designated the "Purchasing Card
Administration Fund", in the state treasury to be administered by
the auditor. All expenses by the auditor in the implementation and
operation of the purchasing card program shall be paid from the
fund. Expenditures from the fund shall be made in accordance with
appropriations by the Legislature pursuant to the provisions of
article three, chapter twelve of this code and upon fulfillment of
the provisions of article two, chapter five-a of this code.
§12-3-10e. Purchasing card advisory committee created; purpose;
membership; expenses.
There is created a purchasing card advisory committee to
enhance the development and implementation of the purchasing card
program. The committee shall solicit input from state agencies and
make recommendations to improve the performance of the purchasing
card program. The committee consists of eleven members to be
appointed as follows:
(1) The auditor shall serve as chairperson of the committee
and shall appoint three members from the state college system of
West Virginia and the university system of West Virginia, one
member from the department of health and human resources, and one
member from the division of highways;
(2) The secretary of the department of administration shall
appoint one member from the information services and communications
division, one member from the financial accounting and reporting
section, and one member from the purchasing division;
(3) The secretary of the department of tax and revenue shall
appoint one member from the department of tax and revenue; and
(4) The state treasurer shall appoint one member from that
office.
Committee members shall be appointed for a term of one year,
commencing on the first day of July, one thousand nine hundred
ninety-eight. Committee members shall receive reimbursement for expenses actually incurred in the performance of their duties on
the committee.