H. B. 3196


(By Delegates Compton, Susman, Leach,
Douglas, Manuel, Doyle and Perdue)
[Introduced March 30, 2001; referred to the
Committee on Finance.]



A BILL to amend article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-seven-b, relating to providing that the state provide a purchasing preference for foods and beverages that contain higher levels of calcium than products of similar type and quality.

Be it enacted by the Legislature of West Virginia:
That article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-seven-b, to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-37b. Preference for foods and beverages with higher calcium content.

(a) Notwithstanding any provision of the law to the contrary, in any instance where a purchase of food supplies or beverages by the director or by a state spending unit is required under the provisions of this article to be made upon competitive bids, preference shall be given to vendors who offer foods or beverages that contain higher levels of calcium than products of similar type or quality sold by other vendors: Provided, That the preference applies only if the food supplies or beverages are equal in price to or lower in price than, the products of similar type and quality offered by the other vendor.
(b) The requirements of subsection (a) of this section do not apply to purchases by state hospitals or state-run residential care facilities in the event the director of the hospital or residential care facility determines that the purchase of high calcium foods and beverages would interfere with the proper treatment, dietary requirements or care of patients or residents of the hospital or residential care facility.
(c) This section applies to purchasing contracts and purchase orders for food supplies and beverages made after the thirty-first day of July, two thousand one.
NOTE: The purpose of this section is to provide a purchasing preference to vendors who contract with state spending units for food supplies or beverages who offer products with higher levels of calcium.

This section is new; therefore, strike-throughs and underscoring have been omitted.