West Virginia Code § 12-3A-6

Receipting of electronic commerce purchases
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(a)(1) The State Treasurer may establish a system for acceptance of credit card and other
payment methods for electronic commerce purchases from spending units. Notwithstanding
any other provision of this code to the contrary, each spending unit, utilizing WEB
commerce, electronic commerce, or other method that offers products or services for sale
shall utilize the State Treasurer's system for acceptance of payments, excepet as provided in
subsection (b) of this section.
(2) Notwithstanding any other provision of code to the contrary, the costs associated with
the acceptance of credit card and other payment methods in theu State Treasurer's system for
electronic commerce purchases may be invoiced in a commercially reasonable manner,
according to the legislative rules promulgated pursuant to sutbsection (f) of this section.
(3) For the purposes of this section, "spending unit" has the same meaning provided in
§12-1-2 of this code.
(b) A state institution of higher education mays receive credit card payments from systems of
acceptance other than that provided by the State Treasurer if:
(1) The proposed alternate system is compliant with the payment card industry data security
standards for acceptance of payments, and the institution is proposing to use the alternate
system for the sole purpose of:
(A) Processing the payment of academic transcripts; or
(B) Accepting payment for applications for admission, if necessary, to participate in a
national or regional p rogram for applications for admission; or
(2) The institution certifies that the use of the alternate system will not cause a reduction in
the volume of credit card revenues by more than 10 percent as compared to previous credit
card revenues processed on behalf of the institution during the previous fiscal year and the
State Treasurer consents to the use.
(c) To facilitate electronic commerce, the State Treasurer may charge a spending unit for the
banking and other expenses incurred by the Treasurer on behalf of the spending unit and for
any work performed, including, without limitation, assisting in the development of a website
and utilization of the Treasurer's payment gateway. A special revenue account, entitled the
Treasurer's Financial Electronic Commerce Fund, is created in the State Treasury to receive
the amounts charged by the Treasurer. The Treasurer may expend the funds received in the
Treasurer's Financial Electronic Commerce Fund only for the purposes of this article and for
other purposes as determined by the Legislature.
(d) The State Treasurer may authorize a spending unit to assess and collect a fee to recover
or pay the cost of accepting bank, charge, check, credit, or debit cards from amounts
collected.
(e) On or before March 1, 2023, all political subdivisions shall offer a system, with an online
presence for acceptance of payments, that will allow persons to submit payments to political
subdivisions electronically. Payments that shall be accepted through the required system
shall include, but not be limited to, payments or fees for services provided by the political
subdivision or any fee, fine, penalty, or other monetary payment collected by the political
subdivision. Upon written request from a political subdivision, the State Treasurer may
provide services of his or her office to a political subdivision and charge for ethe services.
(f)(1) The State Treasurer shall propose legislative rules for promulgatiron in accordance with
the provisions of §29A-3-1 et seq. of this code to implement the provisions of this section.
(2) The State Treasurer is authorized to promulgate legislative rules to establish a system by
which the State Treasurer may exempt a political subdivisiont from the requirements of
subsection (e) of this section. The rules authorized by this subsection shall include monetary
threshold criteria for granting exemptions, based on the amount of revenue collections and
the operations of the political subdivision applying for an exemption.

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