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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 700
(By Senators Love, Dempsey, Sharpe and Minear)
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[Introduced February 23, 2004; referred to the Committee on
Finance.]
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A BILL to amend and reenact §5A-3-54 of the code of West Virginia,
1931, as amended, relating to state agencies making timely
payments on invoices for telephone services.
Be it enacted by the Legislature of West Virginia:
That §5A-3-54
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-54. Payment of legitimate uncontested invoices; interest on
late payments.
(a) Any properly registered and qualified vendor who supplies
services or commodities, including telephone services, to any state
agency shall be entitled to prompt payment upon presentation to
that agency of a legitimate uncontested invoice.
(b) (1) Except as provided in subdivision (2) of this
subsection, for purchases of services or commodities, including telephone services, made on or after the first day of July, one
thousand nine hundred ninety-one, a state check shall be issued in
payment thereof within sixty days after a legitimate uncontested
invoice is received by the state agency receiving the services or
commodities. Any state check issued after such 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 such the invoice was
received by the state agency until the date on which the state
check is mailed to the vendor.
(2) For purchases of services or commodities, including
telephone services, made on or after the first day of July, one
thousand nine hundred ninety-two, by the division of highways, the
public employees insurance agency, and by the department of health
and human resources, a state check shall be issued in payment
thereof within sixty days after a legitimate uncontested invoice is
received by any of such agencies receiving the services or
commodities, including telephone services. Any state check issued
after sixty days shall include interest at the current rate,
determined in the manner provided in subdivision (1) of this
subsection, which interest shall be calculated from the sixtieth
day after such the invoice was received by any of such the agencies
until the date on which the state check is mailed to the vendor.
(3) For purposes of this subsection, an invoice shall be
deemed to be is considered received by a state agency on the date
on which the invoice is marked as received by the agency, 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 in the event if an
invoice is received by a state agency prior to the date on which
the commodities or services, including telephone services, covered
by the invoice are delivered and accepted or fully performed and
accepted, the invoice shall be deemed to be is considered received
on the date on which the commodities or services, including
telephone services, covered by the invoice were actually delivered
and accepted or fully performed and accepted.
(c) The state auditor shall deduct the amount of any interest
due for late payment of an invoice from any appropriate account of
the state agency responsible for the late payment: Provided, That
if two or more state agencies are responsible for the late payment,
the state auditor shall deduct the amount of interest due on a pro
rata basis.
(d) The state agency initially receiving a legitimate
uncontested invoice shall process such the invoice for payment
within ten days from its receipt: Provided, That in the case of if
the department of health and human resources, the division of
highways and the public employees insurance agency, such invoices shall be processed within fifteen days of their receipt. No state
agency shall may be liable for payment of interest owed by another
state agency under this section.
(e) Any other state agency charged by law with processing a
state agency's requisition for payment of a legitimate uncontested
invoice shall either process the claim or reject it for good cause
within ten days after such state agency receives it. Failure to
comply with the requirements of this subsection shall render such
renders the state agency liable for payment of the interest
mandated by this section when there is a failure to promptly pay a
legitimate uncontested invoice: Provided, That no such state
agency shall may be liable for payment of interest owed by another
state agency under this section.
(f) For purposes of this section, the phrase "state agency"
means any agency, department, board, office, bureau, commission,
authority or any other entity of state government.
(g) This section may be cited as the "Prompt Pay Act of 1990."
NOTE: The purpose of this bill is to make it clear that state
agencies must make timely payments on invoices for telephone
services under the "Prompt Payment Act of 1990" as well as payment
for other purchases of services or commodities.
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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