HB4605 S JUD AM #1

Graham 4841

The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §6B-4-1, to read as follows:

§6B-4-1. Disclosure of interested parties to contract.

(a) Definitions- For purposes of this section:

(1) “Applicable contract” means a contract, including a series of contracts or orders, of a state agency that:

(A) Requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

(B) Has a value of at least $100,000.

(2) "Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation.

(3) "Interested party" means a person who has a controlling interest in a business entity with whom a state agency contracts.

(4) "State agency" means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government.

(b) Any state agency entering into an applicable contract shall include in the contract a requirement that the business entity awarded the applicable contract, by signing or accepting the applicable contract, certifies, under oath, that no interested party has a conflict that had any effect on the award of the contract or that would impair the business entitiy’s performance of the applicable contract.