9-D:3 Payment and Procurement Card Fund. –
I. There is hereby established in the office of the state treasurer the payment and procurement card fund, which shall be a revolving fund administered by the department of administrative services. The fund shall be nonlapsing and continually appropriated to the department of administrative services. The department of administrative services may make expenditures of up to $100,000 in anticipation of revenue which may be received by this fund.
II. The fund established under paragraph I may be maintained at such a level as to cover the necessary costs of the administration and management of the credit, payment, or procurement card programs handled by the department of administrative services, to cover other amounts which may be payable under paragraph III, and to allow the accumulation of a working capital reserve which is no greater than $25,000. The department of administrative services is authorized to establish one or more positions to administer and manage the procurement card program. No position shall be staffed unless and until sufficient funds exist in the fund established under paragraph I to cover the necessary costs of the administration and management of the program, including the funding of such positions.
III. All funds accumulated from rebates under RSA 9-D:2, I(a) or (b) shall be deposited in the fund established in paragraph I. Expenditures from the fund shall be restricted to the following purposes:
(a) Paying the necessary costs of administration and management of the credit, payment, or procurement card programs handled by the department of administrative services and maintaining a working capital reserve in an amount, not to exceed $25,000, which is deemed sufficient by the division of procurement and support services to cover the costs of the programs and to pay amounts under subparagraphs (b)(1) and (2).
(b) After deducting the foregoing amounts, making such payments, if any, that the department of administrative services concludes are appropriately payable:
(1) By an entity which is part of the state to any credit, payment, or procurement card issuer under contracts secured by the division of procurement and support services pursuant to RSA 21-I, including but not limited to payments for purchases and payments which must be made in order for the state to obtain available rebates, or to avoid incurring, or to pay, interest, penalties, or other costs imposed on the state by issues of credit, payment, or procurement cards.
(2) To the department of administrative services to address its procurement-related needs or expenses. The department may use rebate amounts to fund its administration, management, operations, positions, activities or capital, or other needs, or the needs of any of its divisions, bureaus, units or subunits, relating to the procurement of goods or services.
IV. In the event that any entity which is part of the state fails to make or authorize required payments to any credit, payment, or procurement card issuer which has been secured through the department of administrative services, regardless of whether such failure has or may result in the imposition of interest, penalties or other costs, or loss of rebates, the commissioner of administrative services is authorized to charge the amount owed, plus any interest, penalties, or other costs, against any money appropriated to the agency to pay for the goods or services purchased; to transfer those funds to the payment and procurement card fund; and to pay from that fund the amount necessary to avoid or address the agency's failure.
V. At the end of each fiscal year, the state treasurer shall credit the payment and procurement card fund with interest and any other income earned.