H. B. 3029


(By Delegate Fragale)
[Introduced March 28, 2001; referred to the
Committee on Finance.]




A BILL to amend and reenact section one, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section three, article ten-a, chapter eighteen of said code, all relating to permitting vocational rehabilitation services to be exempt from the requirement that purchases of goods and services for disabled individuals be made only through the division of purchasing.

Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section three, article ten-a, chapter eighteen of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3. PURCHASING DIVISION.

§5A-3-1. Division created; purpose; director; applicability of article; continuation.
(a) There is hereby created the purchasing division of the department of administration for the purpose of establishing centralized offices to provide purchasing, travel and leasing services to the various state agencies.
(b) No person shall may be appointed director of the purchasing division unless that person is, at the time of appointment, a graduate of an accredited college or university and shall have who has spent a minimum of ten of the fifteen years immediately preceding his or her appointment employed in an executive capacity in purchasing for any unit of government or for any business, commercial or industrial enterprise.
(c) The provisions of this article shall apply to all of the spending units of state government, except as is otherwise provided by this article or by law: Provided, That the provisions of this article shall do not apply to: (i) The legislative branch, unless otherwise provided by law, or the Legislature or either house thereof requests the director to render specific services under the provisions of this chapter; nor to (ii) purchases of stock made by the alcohol beverage control commissioner; nor to (iii) purchases of textbooks for the state board of education; or (iv) purchases of goods and services to be used by a disabled individual as defined in section one, article ten-a, chapter eighteen of this code, which goods and services include, but are not limited to, the purchase, lease, repair and maintenance of wheelchairs, van lifts, personal computers and other machinery, equipment and goods.
(d) Pursuant to the provisions of article ten, chapter four of this code, the purchasing division within the department of administration shall continue to exist until the first day of July, two thousand one.
CHAPTER 18. EDUCATION.

ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-3. Director of division of vocational rehabilitation; powers and duties.

The division shall be administered, under the general supervision and direction of the secretary of the department of education and the arts or, if required by federal law his or her designated state board, by a director appointed by said the secretary, or if required by federal law his or her designated state board in accordance with established personnel standards and on the basis of his or her education, training, experience and demonstrated ability.
In carrying out his or her duties under this article, the director shall:
(1) Appoint such personnel as he or she deems determines necessary for the efficient performance of the functions of the division.
(2) Establish a merit system of personnel management, or in lieu thereof, avail himself or herself of the services of the state merit system upon payment of a fair share of the expenses of the operation of such the system.
(3) Make regulations governing the protection of records and confidential information; the manner and form of filing applications for vocational rehabilitation services, eligibility therefor, and investigation and determination thereof; procedures for fair hearings; and such other matters as may be are necessary or desirable in accomplishing the purposes of this article.
(4) Have the authority to establish and operate a staff development program for the employees of the division and may, in furtherance of such a program, and utilizing any funds appropriated or made available, for such that purpose, pay to such the employees compensation or expenses, or both, while such the employees are pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in such the division; such the staff development program shall be conducted subject to appropriate rules as adopted by the director and approved by the state board: Provided, That such the rules shall include reasonable provisions for the return of any employee, receiving the benefits of such the training, for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the training of such the employee.
(5) Establish appropriate subordinate administrative units within the division.
(6) Prepare and submit to the secretary of the department of education and the arts or his or her designated state board annual reports of activities and expenditures and, prior to each regular session of the Legislature, estimates of sums required for carrying out the provisions of this article and estimates of the amounts to be made available for this purpose from all sources.
(7) Make requisition for disbursement, in accordance with regulations of the funds available for vocational rehabilitation purposes.
(8) Propose legislative rules for promulgation to implement and develop the method for purchasing materials, supplies, services and equipment necessary for the purchases of goods and services to be used by a disabled individual as defined in section one of this article, which goods and services include, but are not limited to, the purchase, lease, repair and maintenance of wheelchairs, van lifts, personal computers and other machinery, equipment and goods. The director shall propose by rule policies and procedures to ensure that purchases made for the benefit of disabled individuals are, to the extent practicable, at the lowest possible price while at the same time ensuring quality of material and timely delivery thereof. The director may purchase goods, supplies, services and equipment for the benefit of disabled individuals through the division of purchasing, and is encouraged to do so under circumstances which are advantageous for the timely delivery of low-cost, high-quality products; but the director is not required to make these purchases through the division of purchasing nor to comply with rules of that division in making purchases for the benefit of disabled individuals under vocational rehabilitation services programs.
 (8) (9) Take such other action as may be deemed determined necessary or appropriate to carry out the purposes of this article.
NOTE: The purpose of this bill is to permit vocational rehabilitation services to be exempt from the requirement that purchases of goods and services for disabled individuals be made only through the division of purchasing. It also requires the director of vocational rehabilitation to promulgate legislative rules governing these purchases and services.

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