COMMITTEE SUBSTITUTE
FOR
H. B. 2812
(By Delegates Davis, Collins, Varner, Thomas, Ennis, Kominar
and Martin)
(Originating in the House Committee on Finance)
[February 13, 1998]
A BILL to amend and reenact section forty-four, article three,
chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to surplus
property; and providing that fire departments are first in
priority for distribution of surplus property.
Be it enacted by the Legislature of West Virginia:
That section forty-four, article three, chapter five-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-44. Authority and duties of state agency for surplus
property.
(a) The state agency for surplus property is hereby
authorized and empowered (1) to acquire from
the United States of
America such any department or agency of the federal government,
any property, including equipment, materials, books or other
supplies
under the control of any department or agency of the
United States of America as that may be usable and necessary for educational, fire protection and prevention, rescue, or public
health purposes, including research; (2) to warehouse property
acquired; and (3) to distribute the property to tax-supported
medical institutions, hospitals, clinics, fire departments,
rescue squads, health centers, school systems, schools, colleges
and universities within the state, and to other nonprofit medical
institutions, hospitals, clinics, volunteer fire departments,
volunteer rescue squads, health centers, schools, colleges and
universities within the state
which that have been held exempt
from taxation under the Internal Revenue Code of 1986, as
amended:
Provided, That tax-supported and nonprofit volunteer
fire departments have first priority in the distribution and
receipt of surplus property under the provisions of this article
and to the extent permitted by federal law.
(b)
For the purpose of executing its authority under this
article, the The state agency for surplus property
is authorized
and empowered to adopt, amend or rescind may propose rules
and
regulations as may be deemed necessary, in accordance with the
provisions of article three, chapter twenty-nine-a of this code
and take other action necessary
and suitable in the
administration of this article,
including the enactment and
promulgation of rules and regulations necessary to bring this
article and its administration into and conformity with any
federal statutes or
rules and regulations
promulgated under
federal statutes for the acquisition and disposition of surplus
property.
(c) The state agency for surplus property
is authorized and empowered to may appoint advisory boards or committees necessary
to the end that in the administration of this article.
and the
rules and regulations promulgated hereunder conform with federal
statutes and rules and regulations promulgated under federal
statutes for the acquisition and disposition of surplus property.
(d) The state agency for surplus property
is authorized and
empowered to may take action, make expenditures and enter into
contracts
agreements and undertakings for and in the name of the
state, require reports, and make investigations as may be
required by
federal law or regulation
of the United States of
America in connection with for the receipt, warehousing and
distribution of
surplus property.
received by the state agency
for surplus property from the United States of America.
(e) The state agency for surplus property is authorized
and
empowered to act as
a an information clearinghouse
of information
for the
public and private nonprofit institutions and agencies
entities referred to in subsection (a) of this section, to locate
property available for acquisition from the
United States of
America federal government, to ascertain the terms and conditions
under which the property may be obtained of acquisition, to
receive requests from the above-mentioned institutions and
agencies and to transmit to them all available information in
reference to the property, and to
aid and assist the
institutions
and agencies in every way possible in the consummation or
designated entities in the acquisition of
transactions hereunder
surplus property.
(f) The state agency for surplus property shall cooperate
to the fullest extent consistent with the provisions of this
article, with the departments or agencies of the
United States of
America and shall federal government; make reports in the form
and containing the information
the United States of America or
any of its departments or agencies may from time to time require,
required by the federal government; and it shall comply with
the
laws of the United States of America and the rules and
regulations of any of the departments or agencies of the United
States of America all federal laws and regulations governing the
allocation, transfer, use or accounting for
surplus property
donable or donated to the state.
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