H. B. 2935


(By Delegates Houston, Sparks, C. White
and Hubbard)

[Introduced February 26, 1999; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact section three, article five, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding thereto that any work performed by an employee may not be contracted out to others.

Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-3. Authority to contract for programs, services and facilities.

The governing boards are authorized and empowered to enter into contracts and expend funds for programs, services and facilities provided by public and private educational institutions, associations, boards, agencies, consortia, corporations, partnerships, individuals and local, state and federal governmental bodies within and outside of West Virginia in order that maximum higher educational opportunities of high quality may be provided to the citizens of the state in the most economical manner: Provided, That in no event shall a contract for such services and facilities be entered into unless the governing boards have determined that such services and facilities are necessary and that such services and facilities would be at a savings to the state: Provided, however, That any job, duty or service performed by a regular employee of any public institution of higher education shall not be contracted or subcontracted to be performed by any person or entity who is not a regular employee of the institution.
Notwithstanding the provisions of this section, nothing herein contained shall supersede the responsibility and respective duties of the commissioner of finance and administration, the director of the purchasing division of such department and the attorney general for the execution and approval of the contracts entered into under this article and such contracts shall be in complete conformity with the provisions of articles three and five, chapter five-a of this code.
NOTE: The purpose of this bill is to prohibit the subcontracting of jobs or services to private venders which are presently being performed at institutions of higher education by public employees.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.