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Introduced Version House Bill 2609 History

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hb2609 intr
H. B. 2609


(By Delegates R. Thompson, Swartzmiller,

Ennis and Caputo)

[Introduced February 23, 2005; referred to the

Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to prohibiting foreign professional service contracts with the State; creating the "Keep Jobs In West Virginia Act"; declaring that state officials do not have authority to bind the State under the government procurement rules of an international trade agreement; providing the State is not bound by the government procurement rules of any international trade agreement; requiring the State Attorney General to notify the United States Trade Representative as well as the Congress of this state's position not to be bound by the government procurement rules of any international trade agreements; prohibiting the State to enter into foreign procurement contracts; and setting forth an effective date for the proposed legislation.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all to read as follows:

ARTICLE 3. PURCHASING DIVISION.

§5A-3-37b. Prohibition on foreign professional service contracts.

Notwithstanding any provision of law to the contrary, the following provisions apply to all contracts for professional services.
(a) A principal representative may not award a contract for professional services to a person if the professional services are to be rendered at a site that is outside the United States.
(b) Each person submitting a bid to provide professional services for a state agency shall certify that the professional services covered by the bid will be performed in the United States.
§5A-3-37c. Keep Jobs in West Virginia Act.
(a) Short title.-- This section shall be known and may be cited as the "Keep Jobs in West Virginia Act."
(b) Legislative declaration. -- The Legislature hereby finds and declares that:
(1) State officials, including the Governor, do not have the authority to agree to bind the State under the government procurement rules of an international trade agreement, nor to give consent to the federal government for the State to be bound to such an agreement;
(2) Any consent a state official has given to be bound by the government procurement rules of an international trade agreement is invalid;
(3) This State is not bound by the government procurement rules of any international trade agreement, including, but not limited to, the "agreement on government procurement," any world trade organization agreements, the United States Chile Free Trade Agreement, or the United States Singapore Free Trade Agreement, whether under state, federal or international law;
(4) This State will not consent to be bound by the government procurement rules of any international trade agreements in the future absent a specific, explicit act of the Legislature authorizing consent.
(c) Notice to United States trade representatives. -- The State Attorney General shall notify the United States Trade Representative of the policies of the Legislature set forth in subsection (b) of this section in writing no later than the first day of January, two thousand six, and shall, additionally, provide copies of the notice to the President of the Senate and the Speaker of the House of Representatives.
(d) Prohibition on foreign contracts. -- Notwithstanding any provision of law to the contrary, the following provisions apply to all procurement contracts:
(1) The executive director and the purchasing agent for each purchasing agency may not award a procurement contract for services rendered or supplies delivered from a site that is outside the United States.
(2) Each person submitting a bid to provide services or supplies to a governmental body shall certify that the services and supplies covered by the bid will be performed or delivered from a site within the United States.
(e) Effective date - Applicability. -- This section shall take effect the first day of July, two thousand five and shall apply to all contracts entered on or after that date.



NOTE: The purpose of this bill is to prohibit foreign professional service contracts with the State while creating the "Keep Jobs In West Virginia Act." The act declares that state officials do not have authority to bind the State under the government procurement rules of an international trade agreement and it provides the State is not bound by the government procurement rules of any international trade agreement. Further, it requires the State Attorney General to notify the United States Trade Representative as well as the Congress, of this State's position not to be bound by the government procurement rules of any international trade agreements. Finally, it prohibits the State from entering into foreign procurement contracts while setting forth an effective date for the proposed legislation.



§§5A-3-37b and 5A-3-37c are new; therefore, strike-throughs and underscoring have been omitted.

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