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.