Bill-Admin Card
Senate Bill No. 235


(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear )

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[Introduced January 28, 2000; referred to the

Committee on Finance;

and then to the Committee on the Judiciary.]

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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.