Senate Bill No. 561
(By Senators Buckalew, McKenzie and Ross)
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[Introduced February 16, 1998; referred to the
Committee on Government Organization; and then to the Committee
on Finance.]
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A BILL to amend and reenact section thirteen, article three,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
approval of state contracts as to form.
Be it enacted by the Legislature of West Virginia:
That section thirteen, 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.
§5A-3-13. Contracts to be approved as to form; filing.
Contracts shall be approved as to form by the attorney
general: Provided, That the attorney general shall create a form
with standard terms and conditions to be included in every contract. Any contract that does not alter any of the terms and
conditions from the form shall be deemed approved as to form and
shall not require the approval of the attorney general. Any
contract that does not include such a form or differs in any
respect from the form with standard terms and conditions shall be
required to be approved as to form by the attorney general. A
contract that requires more than six months for its fulfillment
shall be filed with the state auditor.
NOTE: The purpose of this bill is to provide a form
contract containing terms and conditions that must be met in
state purchasing contracts. The bill provides that if the form
contract is used and all the provisions are agreed upon, then it
doesn't have to be approved by the attorney general.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.