Senate Bill No. 571
(By Senators Love, Fanning and Jenkins)
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[Introduced February 19, 2004; referred to the Committee on
Finance.]
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A BILL to amend and reenact §12-3-10c of the code of West Virginia,
1931, as amended, relating to clarification of utilization of
the transaction fee.
Be it enacted by the Legislature of West Virginia:
That §12-3-10c of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-1Oc. Transaction fees; disposition of fees.
(a) In order to promote and enhance the use of the state
purchasing card program established by the provisions of section
ten-a of this article and in order to maintain and develop the
fiscal operations and accounting systems of the state, the auditor
and the treasurer may assess joint transaction fees for all
financial documents that will be processed on the central
accounting system. The transaction fee is one dollar per transaction which shall be assessed against spending units of state
government for every transaction received, electronically or
otherwise by the auditor from the centralized accounting system.
Additional procedures for utilization of the Such transaction fees
shall be prescribed by legislative rule proposed in accordance with
article three, chapter twenty-nine-a of this code and may include
the following:
(1) A penalty fee to be assessed against spending units of
state government who submit claims for payment of goods and
services when those claims are authorized to be paid by use of a
state purchasing card and the spending unit has failed to utilize
the state purchasing card. and
(2) A transaction fee to be accessed against spending units of
state government for every transaction received, electronically or
otherwise, by the auditor from the centralized accounting system.
(b) All fees collected under this section shall be deposited
into the "Technology Support and Acquisition Fund" which is hereby
created in the state treasury to be administered by the auditor.
The auditor and treasurer shall use moneys deposited in the fund to
maintain and develop the state purchasing card program, support the
fiscal operations of the state, including the state centralized
accounting system and the centralized payroll system, and to
acquire and improve the technology required to support these
functions. The auditor may transfer up to fifty percent of the money deposited in the fund to the treasurer for uses provided for
herein: Provided, That expenditures from the fund are authorized
from collections and are to be made only in accordance with an
appropriation by the Legislature and in accordance with the
provision of article three of this chapter and upon fulfillment of
the provisions set forth in article two, chapter five-a of this
code: Provided, however, That for the fiscal year ending the
thirtieth day of June, one thousand nine hundred ninety-eight,
expenditures from the fund may be made from collections: Provided
further, That the Legislature is exempt from any fees imposed
under this section.
NOTE: The purpose of this bill is to establish $1.00 as the
transaction fee to be assessed to spending units by the auditor;
specify the centralized payroll system as an agency entitled to
support from the Technology Support and Acquisition Fund; and to
empower the auditor to release up to 50% of the fund for authorized
uses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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