Senate Bill No. 552

(By Senator Snyder)

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[Introduced February 21, 2000; referred to the Committee on the Judiciary.]

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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 thirteen; to amend article one, chapter eight of said code by adding thereto a new section, designated section nine; to amend article one, chapter fourteen of said code by adding thereto a new section, designated section thirty-seven; and to amend article five, chapter eighteen of said code by adding thereto a new section, designated section forty-four, all relating to contracts with the state, counties, municipalities and county school boards; and providing that duties or responsibilities under any contract with the state, a county, a municipality or county school board is nonassignable to independent contractors and that the original contractor is liable for wrongful or negligent acts of an independent contractor.

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 thirteen; that article one, chapter eight of said code be amended by adding thereto a new section, designated section nine; that article one, chapter fourteen of said code be amended by adding thereto a new section, designated section thirty-seven; and that article five, chapter eighteen of said code be amended by adding thereto a new section, designated section forty-four, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-13. Contract responsibility with county nonassignable.

A party to a contract with a county commission has a nonassignable duty and responsibility that cannot be discharged by the hiring of an independent contractor to perform the contract activity or services contracted and is liable to the county commission or to persons injured or damaged by any negligent or wrongful act or acts or other breach of that duty or responsibility by an independent contractor.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-9. Contract responsibility with municipality nonassignable.
A party to a contract with a municipality has a nonassignable duty and responsibility that cannot be discharged by the hiring of an independent contractor to perform the contract activity or services contracted and is liable to a municipality or to persons injured or damaged by any negligent or wrongful act or acts or other breach of that duty or responsibility by an independent contractor.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.

ARTICLE 1. CLAIMS DUE THE STATE.

§14-1-37. Contract responsibility with state nonassignable.

A party to a contract with the state has a nonassignable duty and responsibility that cannot be discharged by the hiring of an independent contractor to perform the contract activity or services contracted and is liable to the state or to persons injured or damaged by any negligent or wrongful act or acts or other breach of that duty or responsibility by an independent contractor.
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-44. Contract responsibility with county board nonassignable.
A party to a contract with a county board of education has a nonassignable duty and responsibility that cannot be discharged by the hiring of an independent contractor to perform the contract activity or services contracted and is liable to a county board or to persons injured or damaged by any negligent or wrongful act or acts or other breach of that duty or responsibility by an independent contractor.

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(NOTE: The purpose of this bill is to provide that the duties or responsibilities under a contract with the state, county, municipality or county board of education are nonassignable to independent contractors and that a person who has a contract with the state, county, municipality or county board of education is responsible for any breach of that duty or responsibility by an independent contractor.

§7-1-13, 8-1-9, 14-1-37 and 18-5-44 are new; therefore, strike-throughs and underscoring have been omitted.)