H. B. 2935
(By Delegates Houston, Sparks, C. White
and Hubbard)
[Introduced February 26, 1999; 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 adding thereto
that any work performed by an employee may not be contracted
out to others.
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 a contract
for such services and facilities be entered into unless the
governing boards have determined that such services and
facilities are necessary and that such 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 shall 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 supersede the responsibility and
respective duties of the commissioner of finance and
administration, the director of the purchasing division of such
department and the attorney general for the execution and
approval of the contracts entered into under this article and
such 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.
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