Senate Bill No. 489
(By Senators Chafin and Helmick)
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[Introduced February 3, 2006; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact §12-3A-6 of the Code of West Virginia,
1931, as amended, relating to the authorization of the State
Treasurer to provide remittance processing and e-government
services for a political subdivision upon its request.
Be it enacted by the Legislature of West Virginia:
That §12-3A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3A. FINANCIAL ELECTRONIC COMMERCE.
§12-3A-6. Receipting of electronic commerce purchases.
(a) The State Treasurer may establish a system for acceptance
of credit card and other payment methods for electronic commerce
purchases from spending units. Notwithstanding any other provision
of this code to the contrary, each spending unit utilizing WEB
commerce, electronic commerce or other method that offers products or services for sale shall utilize the State Treasurer's system for
acceptance of payments.
(b) To facilitate electronic commerce, the State Treasurer may
charge a spending unit for the banking and other expenses incurred
by the Treasurer on behalf of the spending unit and for any work
performed, including, without limitation, assisting in the
development of a website and utilization of the Treasurer's payment
gateway. A special revenue account, entitled the "Treasurer's
Financial Electronic Commerce Fund," is created in the State
Treasury to receive the amounts charged by the Treasurer. The
Treasurer may expend the funds received in the Treasurer's
Financial Electronic Commerce Fund only for the purposes of this
article and for other purposes as determined by the Legislature.
(c) The State Treasurer may provide the services of his or her
office to any political subdivision of the state upon request and
charge for the banking and other expenses incurred by the Treasurer
in providing the services.
(c) (d) The State Treasurer may authorize a spending unit to
assess and collect a fee to recover or pay the cost of accepting
bank, charge, check, credit or debit cards from amounts collected.
The State Treasurer shall propose legislative rules for
promulgation in accordance with the provisions of article three of
chapter twenty-nine-a of this code to establish the criteria and
procedures involved in granting the authorization and may promulgate emergency rules in accordance with the provisions of
article three of chapter twenty-nine-a of the code to implement the
provisions of this section prior to authorization of the
legislative rules.
NOTE: The purpose of this bill is to authorize the State
Treasurer to provide remittance processing and e-government
services upon the request of a political subdivision.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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