H. B. 4657


(By Delegates Hubbard and Sparks)

[Introduced February 24, 2000; referred to the

Committee on Education then Finance.]





A BILL to amend and reenact section three, article five, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that any work performed by a regular employee of a public institution of higher learning may not be contracted out to a person who is not an employee of the institution.

Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-3. Authority to contract for programs, services and facilities.

The governing boards are authorized and empowered to enter into contracts and expend funds for programs, services and facilities provided by public and private educational institutions, associations, boards, agencies, consortia, corporations, partnerships, individuals and local, state and federal governmental bodies within and outside of West Virginia in order that maximum higher educational opportunities of high quality may be provided to the citizens of the state in the most economical manner: Provided, That in no event shall may a contract for such these services and facilities be entered into unless the governing boards have determined that such the services and facilities are necessary and that such the services and facilities would be at a savings to the state: Provided, however, That any job, duty or service performed by a regular employee of any public institution of higher education may not be contracted or subcontracted to be performed by any person or entity who is not a regular employee of the institution.
Notwithstanding the provisions of this section, nothing herein contained shall may supersede the responsibility and respective duties of the commissioner of finance and administration, the director of the purchasing division of such the department and the attorney general for the execution and approval of the contracts entered into under this article and such the contracts shall be in complete conformity with the provisions of articles three and five, chapter five-a of this code.
NOTE: The purpose of this bill is to prohibit the subcontracting of jobs or services to private venders which are presently being performed at institutions of higher education by public employees.

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