COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 651

(By Senator Kessler)

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[Originating in the Committee on Government Organization;

reported February 26, 2010.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-37b, relating to preference for certain current license or permit holders.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5A-3-37b, to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-37b. Preference for certain current license or permit holders.
In addition to any other preference afforded in this code, a person holding a license or permit under a state owned and operated program to acquire and operate equipment on behalf of the state by competitive bid on a regular ten year basis, where a copy of the bid is to be filed with the Director of Purchasing as well as with the appropriate agency, may obtain the particular license or permit in lieu of a person not currently holding such a license or permit at the time of a bid by matching the bid price submitted by the person not then holding the license or permit, and the particular license or permit shall then be awarded to the person already holding a license or permit under the program, such that the license or permit shall not be awarded to the new bidder. If more than one current license or permit holder wishes to match a new bidder, the bid shall be awarded by lot to a current license or permit holder, except that where a person holding a license or permit for equipment under the program has a contract to lease such equipment which is in effect at the time of a bid, and the new bidder with whom he or she has the contract also submits a bid, only the current license or permit holder with the contract may exercise the preference under this section with respect to that new bidder.