Senate Bill No. 576
(By Senator Rowe)
[Originating in the Committee on Government Organization;
reported February 26, 2003.]
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.
(a) The director may authorize, in writing, a state spending
unit to purchase in the open market, without filing a requisition
or an 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.
(b) 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 The report shall be entered on a
record and shall be open to public inspection.
(c) After consultation with the office of emergency services,
the director has regulatory authority over state spending unit
purchases and sales involving flood and other emergency relief.