SB 572 Text

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 reasonable requirements 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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(NOTE: The purpose of this bill is to provide clarification in the exceptions to the requirement that certain state purchases be made from nonprofit handicapped workshops.)

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