H. B. 4432


(By Mr. Speaker, Mr. Kiss and Delegates Cann,
Michael, Kominar and Fragale)


[Introduced February 12, 2004; referred to the
Committee on Government Organization then Finance.]


A BILL to amend and reenact §12-3-10a, §12-3-10b and §12-3-10e of the code of West Virginia, 1931, as amended, all relating to the clarification of duties, responsibilities and rights regarding administration of the purchase card program; raising the transaction limit; providing the auditor authority to select vendors; providing for attachment of pension benefits in the event of fraud; and adding members to the purchasing card advisory committee.

Be it enacted by the Legislature of West Virginia:
That §12-3-10a, §12-3-10b and §12-3-10e of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-10a. Purchasing card program.
Notwithstanding the provisions of section ten of this article, payment of claims may be made through the use of the state purchasing card program authorized by the provisions of this section. The auditor in cooperation with the secretary of the department of administration, may establish a state purchasing card program for the purpose of authorizing all spending units of state government to use a purchasing card as an alternative payment method when making small purchases. The purchasing card program shall be conducted so that procedures and controls for the procurement and payment of goods and services are made more efficient. The program shall permit spending units to use a purchase charge card to purchase goods and services. The amount of any one purchase made with the purchase charge card shall not exceed five thousand dollars, except where provided for by the amount contained in the jointly proposed rules of the auditor and the purchasing division of the department of administration proposed in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That purchasing cards may not be utilized for the purpose of obtaining cash advances, whether the advances are made in cash or by other negotiable instrument. Purchases of goods and services must be received either in advance of or simultaneously with the use of a state purchasing card for payment for those goods or services. The auditor, by legislative rule, may eliminate the requirement for vendor invoices and provide a procedure for consolidating multiple vendor payments into one monthly payment to a charge card vendor. Selection of a charge card vendor to provide state purchase cards shall be based upon expressions of interest submitted by charge card vendors. accomplished by competitive bid. The purchasing division of the department of administration auditor shall contract with the successful bidder institution for provision of state purchase charge cards. The selection shall be based upon the combination of competence and qualification in the provision of services and a determination of the best financial arrangement for the state. Purchase charge cards issued under the program shall be used for official state purchases only. The auditor and the director of the purchasing division of the department of administration shall jointly propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to govern the implementation of the purchase card program.

§12-3-10b. Fraudulent or unauthorized use of purchasing card prohibited; penalties.
(1) It is unlawful for any person to use a state purchase card, issued in accordance with the provisions of section ten-a
of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section ten-a of this article or the rules promulgated pursuant to that section. Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary a state correctional facility not less than one nor more than five years, or fined no more than five thousand dollars, or both fined and imprisoned.
(2) Any person who violates section ten-a of this article or applicable rules and who thereby receives goods or services for personal use or benefit shall be required to pay restitution to the state in the amount of the cost of such goods and services. Notwithstanding any other provision to the contrary, upon determination by the state auditor that a person has received goods or services for personal use, the employer shall have the right of setoff and attachment of the pension benefits of any such person.
§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;
(5) The director of the department of military affairs and public safety shall appoint one member from that department; and
(6) The director of the higher education policy committee 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.




NOTE: The purpose of this bill is to raise the purchase card transaction limit, authorize the auditor to select vendors, allowing attachment of pension benefits to reimburse for fraud and to add members to the advisory committee.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.