Senate Bill No. 609
(By Senators Hunter, Mitchell, Kessler, Caldwell and Oliverio)
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[Introduced March 26, 2001; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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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, one thousand nine hundred ninety-eight 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.