H. B. 4548
(By Delegates Martin, Varner and Michael)
[Introduced February 24, 1998; Referred to the Committee
on Finance.]
A BILL to amend and reenact section ten-c, article three, chapter
twelve of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to exempting the Legislature
from any fees associated with the use or non-use of the state
purchasing card.
Be it enacted by the Legislature of West Virginia:
That section ten-c, article three, chapter twelve of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted 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.
NOTE: The purpose of this bill is to exempt the Legislature
from any fees associated with the use or non-use of the State
purchasing card program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.