H. B. 2142
(By Delegates Gallagher, Douglas, Compton, Linch,
Faircloth and Riggs)
(Introduced January 23, 1995; referred to the
Committee on the Judiciary.)
A BILL to amend and reenact section ten, article two, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
committee for the purchase of commodities and services from the
handicapped to promulgate legislative rules relating to
qualifications for participation.
Be it enacted by the Legislature of West Virginia
That section ten, article two, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-10. Committee for the purchase of commodities and services
from the handicapped.
(a) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-two,
modified by the committee for the purchase of commodities and
services from the handicapped to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of February, one thousand nine
hundred ninety-three, relating to the committee for the purchase of
commodities and services from the handicapped (procurement list:
committee for the purchase of commodities and services from the
handicapped), are authorized with amendments set forth below:
On page two, subsection 2.9., by striking out the entirety of
said subsection and inserting in lieu thereof the following:
"'Nonprofit workshops', 'workshops' and 'rehabilitation facility'
means an establishment (a) where any manufacture or handiwork is
carried on, (b) which is operated either by a public agency or by a
cooperative or by a nonprofit private corporation or nonprofit
association, in which no part of the net earnings thereof inures, or
may lawfully inure, to the benefit of any private shareholder or individual, (c) which is operated for the primary purpose of
providing remunerative employment to blind or severely disabled
persons who cannot be absorbed into the competitive labor market, and
(d) which shall be approved, as evidenced by a certificate of
approval, by the state board of vocational education, division of
vocational rehabilitation.";
On page three, subsection 2.13., by striking out the entirety
of said subsection.;
On page five, subsection 4.2., by striking out the word
"facility" and inserting in lieu thereof the word "workshop";
And,
On page six, subsection 4.7., by striking out the words
'certified or approved'".
(b) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-two,
modified by the committee for the purchase of commodities and
services from the handicapped to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of February, one thousand nine
hundred ninety-three, relating to the committee for the purchase of commodities and services from the handicapped (qualifications for
participation: committee for the purchase of commodities and
services from the handicapped), are authorized with amendments set
forth below:
"On page one, subsection 2.1., by striking out the entirety of
said subsection;
On page one, subsection 2.3., by striking out the entirety of
said subsection;
On page two, subsection 2.7., by striking out the entirety of
said subsection;
On page two, subsection 2.8., by striking out the entirety of
said subsection;
On page three, subsection 2.10., by striking out the entirety
of said subsection and inserting in lieu thereof the following
'Nonprofit workshop', 'workshop' and 'rehabilitation facility' means
an establishment (a) where any manufacture or handiwork is carried
on, (b) which is operated either by a public agency or by a
cooperative or by a nonprofit private corporation or nonprofit
association, in which no part of the net earnings thereof inures, or
may lawfully inure, to the benefit of any private shareholder or individual, (c) which is operated for the primary purpose of
providing remunerative employment to blind or severely disabled
persons who cannot be absorbed into the competitive labor market, and
(d) which shall be approved, as evidenced by a certificate of
approval, by the state board of vocational education, division of
vocational rehabilitation.";
And,
On page four, subdivision 3.1.1.e.D., by striking out the
entirety of said subsection and inserting in lieu thereof the
following: "To comply with state and federal laws regarding safety
standards and wage payment."
(c) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-two,
modified by the committee for the purchase of commodities and
services from the handicapped to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eighteenth day of February, one thousand nine hundred
ninety-three, relating to the committee for the purchase of
commodities and services from the handicapped (fair market price
determinations), are authorized with amendments set forth below:
"On page one, subsection 2.1., by striking out the entirety of
said subsection.;
On page one, subsection 2.2., by striking out the entirety of
said subsection.;
On page two, subsection 2.10., by striking out the entirety of
said subsection.;
On page two, subsection 2.11., by striking out the entirety of
said subsection.;
On page three, subsection 2.14., by striking out the entirety
of said subsection and inserting in lieu thereof the following:
"'Nonprofit workshop', 'workshop' and 'rehabilitation facility'
mean an establishment (a) where any manufacture or handiwork is
carried on, (b) which is operated either by a public agency or by a
cooperative or by a nonprofit private corporation or nonprofit
association, in which no part of the net earnings thereof inures, or
may lawfully inure, to the benefit of any private shareholder or
individual, (c) which is operated for the primary purpose of
providing remunerative employment to blind or severely disabled
persons who cannot be absorbed into the competitive labor market, and
(d) which shall be approved, as evidenced by a certificate of approval, by the state board of vocational education, division of
vocational rehabilitation.";
On page four, subdivision 3.3.1., by striking out the last
sentence.;
And,
On page five, subdivision 3.4.1., by striking out the last two
sentences."
(d) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the committee for the purchase of commodities and
services from the handicapped to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fourth day of January, one thousand nine hundred
ninety-five, relating to the committee for the purchase of
commodities and services from the handicapped (qualifications for
participation), are authorized.
NOTE: The purpose of this bill is to authorize the Committee
for the Purchase of Commodities and Services from the Handicapped to
promulgate legislative rules relating to qualifications for
participation.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.