Senate Bill No. 576

(By Senator Rowe)

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[Introduced February 17, 2003; referred to the Committee on Government Organization.]

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A BILL to amend and reenact section fifteen, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the purchasing division of the department of administration has regulatory authority over purchases and sales for flood and other emergency relief.

Be it enacted by the Legislature of West Virginia:

That section fifteen, 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-3-15. Emergency purchases in open market.

The director may authorize, in writing, a state spending unit to purchase in the open market, without filing requisition or estimate, specific commodities for immediate delivery to meet bona
fide emergencies arising from unforeseen causes, including delays by contractors, delays in transportation and unanticipated volume of work. The director shall also have regulatory authority over state spending unit purchases and sales involving flood and other emergency relief after consultation with the office of emergency services. A report of any such purchase, together with a record of the competitive bids upon which it was based, shall be submitted at once to the director by the head of the state spending unit concerned, together with a full account of the circumstances of the emergency: Provided, That the director may waive the need for the record of competitive bids. Such report shall be entered on a record and shall be open to public inspection.



NOTE: The purpose of this bill is to provide that the purchasing division of the department of administration has regulatory authority over purchases and sales for flood and other emergency relief.

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