COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 160
(By Senator Bowman)
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[Originating in the Committee on Energy, Industry and Mining;
reported February 10, 1999.]
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A BILL to amend article nineteen, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto two new sections, designated
sections five and six, all relating to the general
prohibition against the use in public works projects of
aluminum, glass and steel made outside the United States;
providing criminal offense and disqualification from further
contracting for violation of article.
Be it enacted by the Legislature of West Virginia:
That article nineteen, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections
five and six, all to read as follows:
§5-19-5. Criminal Offense.
A contractor, subcontractor or supplier who knowingly and
intentionally provides a false sworn certificate of compliance
and thereby obtains money or other things of value is guilty of
the criminal offense of obtaining money by false pretenses and is
subject to the criminal penalties provided in section thirty,
article three, chapter five-a of this code.
§5-19-6. Disqualification.
A contractor, subcontractor or supplier who is determined by
the spending unit to have knowingly and intentionally violated
the contractual provision required by section two of this article
is prohibited from contracting with any public agency for a
period of up to five years from the date the determination was
made.
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FINANCE COMMITTEE AMENDMENTS
On page two___, after the enacting section, by inserting an
article heading, to read as follows:
ARTICLE 19. DOMESTIC ALUMINUM, GLASS AND STEEL IN PUBLIC WORKS
PROJECTS.;
And,
On page two___, section six, line nineteen___, after the word "made."
by adding the following: The secretary of administration shall
determine the length of time that the contractor, subcontractor
or supplier is prohibited from contracting with a public agency.