H. B. 2812
(By Delegates Davis, Collins,
Varner, Thomas, Ennis, Kominar and Martin)
[Introduced January 14, 1998; referred to the
Committee on Finance.]
A BILL to amend and reenact section forty-four, article three,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to surplus
property; and providing that fire departments are first in
priority for distribution of surplus property.
Be it enacted by the Legislature of West Virginia:
That section forty-four, article three, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
ยง5A-3-44. Authority and duties of state agency for surplus property.
(a) The state agency for surplus property is hereby
authorized and empowered: (1) To acquire from the United States
of America such property, including equipment, materials, books
or other supplies under the control of any department or agency
of the United States of America as may be usable and necessary
for educational, fire protection and prevention, rescue, or public health purposes, including research; (2) to warehouse
property acquired; and (3) to distribute the property to tax- supported medical institutions, hospitals, clinics, fire
departments, rescue squads, health centers, school systems,
schools, colleges and universities within the state, and to other
nonprofit medical institutions, hospitals, clinics, volunteer
fire departments, volunteer rescue squads, health centers,
schools, colleges and universities within the state which have
been held exempt from taxation under the Internal Revenue Code of
1986, as amended: Provided, That tax-supported and volunteer fire
departments have first priority in the distribution and receipt
of surplus property under the provisions of this article.
(b) For the purpose of executing its authority under this
article, the state agency for surplus property is authorized and
empowered to adopt, amend or rescind rules and regulations as may
be deemed that it considers necessary, and take other action
necessary and suitable in the administration of this article,
including the enactment and promulgation of proposing rules and
regulations that are necessary to bring this article and its
administration into conformity with any federal statutes or rules
and regulations promulgated under federal statutes for the
acquisition and disposition of surplus property.
(c) The state agency for surplus property is authorized and
empowered to appoint advisory boards or committees necessary to
the end that this article and the rules and regulations
promulgated hereunder conform with federal statutes and rules and
regulations promulgated under federal statutes for the acquisition and disposition of surplus property.
(d) The state agency for surplus property is authorized and
empowered to take action, make expenditures and enter into
contracts, agreements and undertakings for and in the name of the
state, require reports, and make investigations as may be
required by law or regulation of the United States of America in
connection with the receipt, warehousing and distribution of
property received by the state agency for surplus property from
the United States of America.
(e) The state agency for surplus property is authorized and
empowered to act as a clearinghouse of information for the public
and private nonprofit institutions and agencies referred to in
subsection (a) of this section, to locate property available for
acquisition from the United States of America, to ascertain the
terms and conditions under which the property may be obtained, to
receive requests from the above-mentioned institutions and
agencies and to transmit to them all available information in
reference to the property, and to aid and assist the institutions
and agencies in every way possible in the consummation or
acquisition of transactions hereunder.
(f) The state agency for surplus property shall cooperate to
the fullest extent consistent with the provisions of this
article, with the departments or agencies of the United States of
America and shall make reports in the form and containing the
information the United States of America or any of its
departments or agencies may from time to time require, and it
shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies
of the United States of America governing the allocation,
transfer, use or accounting for property donable or donated to
the state.
NOTE: The purpose of this bill is to provide that
tax-supported and volunteer fire departments have first priority
in the distribution and receipt of surplus property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.