ENROLLED
Senate Bill No. 203
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
____________
[Passed March 10, 2007;
in effect ninety days from passage.]
____________
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-58; and to
amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of said
code, all relating to the state Purchasing Card Program;
creating the Purchasing Improvement Fund; authorizing use of
purchasing cards for regular routine payments, travel and
emergency purchases and cash advances for travel purchases;
authorizing expenditures from the Purchasing Card
Administration Fund to pay expenses related to the use of the
card and the general operation of the Auditor's office;
providing expenditure from the fund for the Hatfield-McCoy
Regional Recreation Authority; and adding members to the
Purchasing Card Advisory Committee.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3-58; and that
§12-3-10a, §12-3-10d and §12-3-10e of said code be amended and
reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-58. Creation of the Purchasing Improvement Fund.
There is hereby created in the State Treasury a special
revenue account to be known as the Purchasing Improvement Fund. The
Purchasing Improvement Fund shall receive funds transferred from
the Purchasing Card Administration Fund by the Auditor pursuant to
section ten-d, article three, chapter twelve of this code and shall
be administered by the secretary. Expenditures from the fund shall
be for the purposes set forth in this article and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of
this code:
Provided, That for the fiscal year ending the thirtieth
day of June, two thousand eight, expenditures are authorized from
collections rather than pursuant to appropriation by the
Legislature.
CHAPTER 12. PUBLIC MONEY AND SECURITIES.
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.
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 purchasing card to pay for goods and
services. Notwithstanding any other provision of this code to the
contrary, a purchasing card may be used to make any payment
authorized by the Auditor, including regular routine payments and
travel and emergency payments, and such payments shall be set at an
amount to be determined by the Auditor. 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:
Provided, That purchasing cards may be used for cash advances for
travel purchases upon approval of the Auditor. 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 accomplished by
competitive bid. The Purchasing Division of the Department of
Administration shall contract with the successful bidder for
provision of state purchasing cards. Purchasing cards issued under
the program shall be used for official state purchases only. The
Auditor shall 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.
§12-3-10d. Purchasing Card Fund created; expenditures.
(a) All money received by the state pursuant to any agreement
with vendors providing purchasing charge cards, and any interest or
other return earned on the money, shall be deposited in a special
revenue revolving fund, designated the Purchasing Card
Administration Fund, in the State Treasury to be administered by
the Auditor. The fund shall be used to pay all expenses incurred by
the Auditor in the implementation and operation of the Purchasing
Card Program and may be used to pay expenses related to the general
operation of the Auditor's office. The Auditor also may use the
fund to pay expenses incurred by spending units associated with the
use of the card, including system and program enhancements, and
inspection and monitoring of compliance with all applicable rules and procedures. Expenditures from the fund shall be made in
accordance with appropriations by the Legislature pursuant to the
provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter five-a of
this code.
(b) Within three days of receiving rebate moneys resulting
from state spending unit purchasing card purchases, the Auditor
shall transfer fifteen and one-half percent of such rebate moneys
to the Purchasing Improvement Fund created pursuant to section
fifty-eight, article three, chapter five-a of this code.
(c) Within three days of receiving rebate moneys resulting
from state spending unit purchasing card purchases, the Auditor
shall transfer fifteen and one-half percent of such rebate moneys
to the Hatfield-McCoy Regional Recreation Authority.
§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 fourteen members to be
appointed as follows:
(1) The Auditor shall serve as chairperson of the committee
and shall appoint four 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, one
member from the Division of Highways and two additional members at
large from any state agency;
(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 Revenue shall appoint
one member from the Department of Revenue; and
(4) The State Treasurer 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.
Email
Webmaster | © 2024 West Virginia Legislature **
