H. B. 4396

(By Delegate Warner)

[Introduced February 4, 2000; Referred to

the Committee on the Judiciary.]






A BILL to amend and reenact section ten-b, article three, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to misuse of the state purchase card; providing criminal penalties therefor and requiring restitution.

Be it enacted by the State of West Virginia:
 That section ten-b, 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.

§12-3-10b. Fraudulent or unauthorized use of purchasing card prohibited; penalties.
(a) 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.
(b) Any person who violates the provisions of this section is guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years, or fined no more than five thousand dollars, or both fined and imprisoned. misdemeanor where the value, as determined solely by reference to the dollar amount or amounts purchased through misuse of the state purchasing card and reflected upon any billing or accounts issued in conjunction with the purchase card, of a single purchase or of a series of purchases occurring within a two hour time period or occurring from the same vendor within a twenty-four hour time period is less than one thousand dollars, and, upon conviction thereof, shall be confined in jail for a term not to exceed six months, or fined not less than one hundred dollars nor more than five hundred dollars, or both fined and imprisoned. Each misuse of the state purchasing card which occurs on a different calendar day is a separate offense.
(c) Any person who violates the provisions of this section, where the value of the purchases, as determined solely by reference to the dollar amount or amounts purchased through misuse of the state purchasing card and reflected upon any billing or accounts issued in conjunction with the purchase card, of a single purchase or of a series of purchases occurring within a two hour time period or occurring from the same vendor within a twenty-four hour time period is guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years, or fined not more than five thousand dollars, or both fined and imprisoned.
(d) In all cases, any person violating the provisions of this section shall make restitution to the State of West Virginia for the full value of all purchases, including any interest charges.

NOTE: The purpose of this bill is to set forth criminal penalties for use of the State purchasing card in violation of the code and of legislative rules.



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