WEST virginia legislature

2022 regular session

ENROLLED

Committee Substitute

for

Senate Bill 609

By Senators Clements and Jeffries

[Passed March 11, 2022; in effect 90 days from passage]

AN ACT to amend and reenact §17-2A-15 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to accept ownership of equipment that was rented or leased; and setting forth requirements related to acquiring and reporting ownership of equipment.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

§17-2A-15. Other code provisions relating to purchasing not controlling; exceptions.

(a) The provisions of §5A-3-1 et seq. of this code shall not control or govern the purchase, acquisition, or disposition of any equipment, materials, or supplies by the commissioner, except as provided in §17-2A-13 and §17-2A-14 of this code. The commissioner may, in his or her discretion, resort to applicable provisions of §5A-3-1 et seq. of this code and to rules and practices of the Purchasing Division within the Department of Administration in purchasing, acquiring, or disposing of equipment, supplies, and materials.

(b) The commissioner may accept ownership of equipment if the equipment has been rented or leased by the division, maintained by the division, and the equipment vendor voluntarily relinquishes ownership of the equipment to the division. Any equipment acquired pursuant to this subsection shall be included in the division’s inventory and the division’s equipment and vehicle reports. Prior to any termination of a rental or lease agreement with an assumption of ownership of equipment, the commissioner shall notify the Director of the Purchasing Division within the Department of Administration.