COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 632
(By Senators Love, Sharpe, Edgell, Minear, Snyder and Rowe)
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[Originating in the Committee on Government Organization;
reported February 24, 2003.]
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A BILL to amend article seven, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four-a,
relating to state agencies making timely payments on invoices
for telephone services.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four-a,
to read as follows:
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISIONS.
§5A-7-4a. Payment of legitimate uncontested invoices for telephone
services; interest on late payments.
(a) Any properly registered and qualified vendor who supplies
telephone services to any state agency shall be entitled to prompt payment upon presentation of a legitimate uncontested invoice for
such telephone services to the division. It is the division's
responsibility to pay the legitimate uncontested invoice.
(b) A state check shall be issued for payment within sixty
days after a legitimate uncontested invoice for telephone services
is received by the division. Any state check issued after sixty
days shall include interest at the current rate, as determined by
the state tax commissioner under the provisions of section
seventeen-a, article ten, chapter eleven of this code, which
interest shall be calculated from the sixty-first day after the
invoice was received by the division until the date on which the
state check is mailed to the vendor.
(c) For purposes of this section, an invoice is considered
received by the division on the date on which the invoice is marked
as received by the division, or three days after the date of the
postmark made by the United States postal service as evidenced on
the envelope in which the invoice is mailed, whichever is earlier:
Provided, That if an invoice is received by the division prior to
the date on which the telephone services covered by the invoice are
delivered and accepted or fully performed and accepted, the invoice
is considered received on the date on which the telephone services
covered by the invoice were actually delivered and accepted or
fully performed and accepted.
(d) The state auditor shall deduct the amount of any interest
due for late payment of a legitimate uncontested
invoice for
telephone services from the division's account.
(e) The division shall seek reimbursement for a legitimate
uncontested invoice
payment and/or interest payment from the state
agency receiving the telephone services.
(f) If a state agency makes a timely payment to the division
for a legitimate
uncontested invoice
for telephone services
and the
division fails to make a timely payment to the vendor supplying
such telephone services, then the division is responsible for the
payment and the interest payment
.
(g) If a late payment and interest payment are a result of a
state agency not making a timely payment to the division for a
legitimate
uncontested invoice
for telephone services
and the
agency still has not reimbursed the division within ninety days of
the division paying the vendor supplying such telephone services
,
then the division may authorize the discontinuance of such
telephone services to the state agency.
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(NOTE: The purpose of this bill is to require IS&C to pay for
telephone services and seek reimbursement from
state agencies.
Section four-a is a new section, therefore strike-throughs and
underlining are not needed.
)
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