Bill-Admin Card
H. B. 4214
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)
[Introduced January 28, 2000; referred to the Committee
on Finance then the Judiciary.]
A BILL to amend and reenact section one, article two,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the department of administration and
the auditor to promulgate a legislative rule relating
to the purchasing card program.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION
TO PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of administration and the auditor.
(a) The legislative rule filed in the state register
on the third first day of August November, one thousand
nine hundred ninety-eight ninety-nine, under the authority
of section ten-a, article three, chapter twelve of this
code, modified by the department of administration and the
auditor to meet the objections of the legislative
rule-making review committee and refiled in the state
register on the twenty-ninth twentieth day of October
December, one thousand nine hundred ninety-eight ninety-
nine, relating to the department of administration and the
auditor (state purchasing card program, 148 CSR 7), is
authorized. with the amendments set forth below:
On page two after subsection 2.15 by adding a new
subsection 2.16 to read as follows:
2.16. "Statewide Contract" means a legally binding
instrument competitively bid, awarded and maintained by the
Purchasing Division to provide services or tangible goods
to all state spending units at a specified price.
Statewide contract usage is mandatory for all agencies
under the jurisdiction of the Purchasing Division and
available (upon mutual consent) to agencies not under the
jurisdiction of the Purchasing Division.;
On page three, subsection 2.17 by striking out the
words "except for maintenance which cannot" and inserting
in lieu thereof the words "except for purchases including
maintenance foreseen to";
On page seven, subsection 6.3 by striking out the
words "blanket orders and price agreements" and inserting
in lieu thereof the words "in accordance with the
transaction limit as set forth in subsection 2.18 of this
rule, excluding those requiring advance approval of the
Purchasing Division. There is no annual limit for payments
against state-wide contracts.";
And,
On page seven, after subsection 6.3 by adding a new
subsection 6.4 to read as follows:
6.4 With the exception of orders against statewide
contracts, the card cannot be used as a payment method for
purchases foreseen to exceed $15,000 annually for all
colleges and universities and $10,000 annually for all
other spending units in accordance with state purchasing
guidelines.
(b) The legislative rule filed in the office of the
secretary of state on the sixteenth day of February, one
thousand nine hundred ninety-nine, authorized under the authority of section four, article three, chapter five-a of
this code, relating to the department of administration
(purchasing, 148 CSR 1), is authorized.
NOTE: The purpose of this bill is to authorize the
Department of Administration and the Auditor to promulgate
a legislative rule relating to the Purchasing Card Program.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.