ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 489
(Senators Chafin and Helmick, original sponsors)
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[Passed March 8, 2006; in effect ninety days from passage.]
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AN ACT 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 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.
(d) Upon written request from a political subdivision, the
State Treasurer may provide services of his or her office to a
political subdivision and charge for the services.
(e) The State Treasurer shall propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this section.
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