Senate Bill No. 607

(By Senators McKenzie, Oliverio, Prezioso,

Anderson, Buckalew, Kimble, Boley, Kessler,
Dugan, Fanning, Bowman and Sprouse)
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[Introduced February 19, 1998; referred to the Committee on Government Organization.]
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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three- gg, relating to authorizing counties to lease equipment or materials.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-gg, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3gg. Lease agreements for equipment or materials with option to cancel or renew for one year authorized.

In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered to
enter into and execute a lease agreement for the obtaining of equipment or material. Any such lease agreement may not be void or voidable because it also provides: (a) That title to the equipment or material shall vest in the county commission at or before the expiration of the leasehold term upon fulfillment of the terms and conditions stipulated in such lease agreement; (b) for application of the annual rental payments made thereunder toward the purchase price of the equipment or material, although the total rental payments under an agreement are in excess of the cash price of the equipment or material described therein, whether the excess is by way of interest or a time-price differential; and (c) that the risk of loss of the equipment or material shall be borne by the county commission. A lease agreement shall be void, however, unless the agreement provides that the county commission has the following options, under the lease agreement, during each fiscal year of the agreement: (1) The option to terminate the agreement and return the equipment or material without any further obligation on the part of the county commission; (2) the option to continue the agreement for an additional rental period not to exceed one year in length; and, when the agreement contains the provisions described in (a), (b) and (c) above; (3) the option to pay in advance at any time during any fiscal year the balance due under the agreement, with an appropriate rebate of the unearned interest or time-price differential.
The funds for the initial rental payment under a lease agreement must be legally at the disposal of the county commission for expenditure in the fiscal year in which the agreement is executed, and if the county commission elects during any subsequent fiscal year to continue the agreement for any additional rental period or to pay in advance the balance due, the funds for the additional rental period or the funds to be used to pay the balance in advance must be legally at the disposal of the county commission for expenditure in the fiscal year in which the county commission elects to continue the agreement or to pay in advance the balance due, as the case may be.
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(NOTE: This bill authorizes counties to lease equipment.

This section is new; therefore, strike-throughs and underscoring have been omitted.)