H. B. 4805
(By Delegates Staton, Givens, Smirl, Faircloth, Linch, Schadler
and Capito)
[Originating in the House Committee on the Judiciary]
[March 2, 2000]
A BILL to amend and reenact section thirty, article three, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to obtaining money, goods or
other property from the state or any political subdivision of
the state under a contract, by false pretense, token or
representation, or by delivery of inferior commodities, with
intent to defraud; setting forth legislative statement of
purpose; extending to political subdivisions the offense of
obtaining money, goods or other property under a contract, by
false pretense, token or representation, or by delivery of
inferior commodities, with intent to defraud, and providing
penalties for such felony offense; prohibiting certain
described defenses; and defining the term "inferior
commodities".
Be it enacted by the Legislature of West Virginia:
That section thirty, 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-3-30. Statement of purpose; obtaining money and property under
false pretenses or by fraud from the state or a political
subdivision of the state; penalties; definition.
(a) The Legislature of the state of West Virginia hereby
declares that the purpose of this statute is to promote equal and
fair bidding for the purchase of commodities by the state and any
political subdivision of the state purchasing commodities under any
state contract; to eliminate fraud in the procurement of
commodities by the state.
(b) It shall be is unlawful for any person to obtain any
money, goods or other property from the state or any political
subdivision of the state under any contract made under the
provisions of this article, by false pretense, token or
representation, or by delivery of inferior commodities, with intent
to defraud,. any money, goods or other property, and upon
violation thereof, such person shall be A person who violates this
subsection is guilty of a felony, and, upon conviction thereof,
shall be confined in the penitentiary a state correctional facility
for not less than one year nor more than five years, and shall be
fined not exceeding one thousand dollars.
(c) It shall not be a defense to a charge under this section that (1) the commodities purchased were accepted and used, or are
being used, by the state or a political subdivision of the state,
or (2) the commodities are functional or suitable for the purpose
for which the commodities were purchased by the state or a
political subdivision of the state notwithstanding the standard or
specification issued by the purchasing agency or the division of
purchasing.
(d) For the purpose of this section, "inferior commodities"
includes, but shall not be limited to , (1) any commodity which
does not meet the specification or standard issued by the
purchasing agency and the division of purchasing, or any change
order approved by both the purchasing agency and division of
purchasing, and (2) any commodity which is of a lesser quality,
quantity, or measure of any kind set forth within the specification
or standard issued by the purchasing agency and the division of
purchasing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.