ENGROSSED
Senate Bill No. 572
(By Senators Minard, Wiedebusch, Dittmar, Holliday,
Felton and Yoder)
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[Originating in the Committee on the Judiciary;
reported March 23, 1993.]
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A BILL to amend and reenact section six, article three-a, chapter
five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to exceptions on
purchases from the handicapped.
Be it enacted by the Legislature of West Virginia:
That section six, article three-a, 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 3A. CENTRAL NONPROFIT COORDINATING AGENCY AND COMMITTEE
FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE
HANDICAPPED.
§5A-3A-6. Exceptions.
The purchasing unit is exempt from the operation of the
mandatory provisions of section ten, article three of this
chapter when:
(1) The purchasing unit determines that the commodity or
printing so produced or provided does not meet the reasonablerequirements of the purchasing unit;
(2) The committee or central nonprofit agency determines
that a nonprofit workshop cannot reasonably provide the commodity
or printing;
(3) The purchasing director determines, after considering
any recommendation of the committee or bids which may have been
offered, that the commodity or printing is not of a fair market
price; or
(4) The purchasing director determines, after consulting
with the committee, that the commodity or printing is not of like
quality to other commodities or printing available.
No purchasing unit may evade the intent of this section when
required goods or services are reasonably available from
nonprofit workshops.
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