Introduced Version
Senate Bill 56 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 56
(By Senator Minard)
____________
[Introduced January 10, 2007; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of
the Code of West Virginia, 1931, as amended, all relating to
Purchasing Card Program; expanding purchasing card use for
state agencies; authorizing additional uses for money from the
Purchasing Card Administration Fund; and increasing the
membership of the Purchasing Card Advisory Committee.
Be it enacted by the Legislature of West Virginia:
That §12-3-10a, §12-3-10d and §12-3-10e of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10a. Purchasing Card Program.
(a) 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. when making small purchases
(b) 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 purchase charge card to purchase goods and
services. The amount of any one purchase made with the purchase
charge card shall not exceed the amount contained in the jointly
proposed rules of the auditor and the purchasing division of the
department of administration proposed in accordance with the
provisions of article three, chapter twenty-nine-a of this code:
Provided, That
(c) Notwithstanding any other provision of this code to the
contrary, purchases may be made with a purchasing card for:
(1) Travel expenses directly related to the job duties of the
traveling employee, including fuel and food;
(2) Any routine, regularly scheduled payment, including
utility payments and real property rental fees;
(3) Emergency payments authorized by the Auditor; and
(4) Any other payment authorized by the Auditor.
(d) 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.
(e) 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 amount of the
purchases made by a purchasing card shall be determined by the
Auditor and all laws, rules and regulations of the Purchasing
Division shall be followed for all nonexempt purchases made with
the purchasing card. Purchasing cards issued under the provisions
of this section shall only be used for official state purchases.
(f) Annually, by the thirtieth day of September, the Auditor
shall report to the Joint Committee on Government and Finance all
goods or services for which payment was made by a purchasing card
during that fiscal year.
(g) 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 Auditor
shall contract with the successful bidder for provision of state
purchasing cards. Purchase charge cards issued under the program
shall be used for official state purchases only.
(h) The Auditor and the director of the purchasing division of the department of administration shall jointly 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 implement the provisions of this section.
§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.
(b) The money shall be used to pay all expenses incurred by
the Auditor in the implementation and operation of the Purchasing
Card Program shall be paid from the fund and may be used to pay
expenses related to the general operation of the Auditor's office.
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.
(c) The Auditor may establish procedures for revenue sharing
with other state agencies to cover expenses associated with the use
of the purchasing card, including inspection and monitoring of
compliance with all applicable rules and procedures.
§12-3-10e. Purchasing Card Advisory Committee created; purpose; membership; expenses.
There is created a
(a) The Purchasing Card Advisory Committee used to enhance the
development and implementation of the Purchasing Card Program is
continued. The committee shall solicit input from state agencies
and make recommendations to improve the performance of the
Purchasing Card Program.
(b) The committee consists of eleven members to be appointed
as follows the Auditor, who shall serve as a nonvoting ex officio
chairperson, and the following thirteen members:
(1) The auditor shall serve as chairperson of the committee
and shall appoint three Four members from the State College System
of West Virginia and the University System of West Virginia state
institutions of higher education, one member from the Department of
Health and Human Resources, and one member from the Division of
Highways and two members from any state agency, all appointed by
the Auditor;
(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, all appointed
by the Secretary of the Department of Administration;
(3) The secretary of the department of tax and revenue shall
appoint One member from the Department of tax and Revenue, appointed by the Secretary of the Department of Revenue; and
(4) The State Treasurer shall appoint one member from that
office One member from the office of the State Treasurer, appointed
by the State Treasurer.
Committee members shall be appointed for a term of one year,
commencing on the first day of July, one thousand nine hundred
ninety-eight.
(c) The term for committee members is one year and those
committee members serving on the first day of January, two thousand
seven, may continue to serve until the completion of the member's
term.
(d) Committee members shall receive reimbursement for expenses
actually incurred in the performance of their duties on the
committee.
NOTE: The purpose of this bill is to provide purchasing card
procedural uniformity throughout the agencies.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
Webmaster | © 2024 West Virginia Legislature **
