Senate Bill No. 100
(By Senators Rowe, Caldwell, White and Hunter)
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[Introduced January 14, 2004; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §5A-3-10a of the code of West Virginia,
1931, as amended, relating to prohibiting the state and its
political subdivisions from contracting with vendors owing a
debt to the state or its political subdivisions.
Be it enacted by the Legislature of West Virginia:
That §5A-3-10a
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-10a. Prohibition for awarding contracts to vendors which owe
a debt to the state or its political subdivisions.
(a) Unless the context clearly requires a different meaning,
for the purposes of this section, the terms:
(1) "Debt" means any assessment, premium, penalty, fine, tax
or other amount of money owed to the state or any of its political
subdivisions because of a judgment, fine, permit violation, license
assessment, workers' compensation premium, penalty or other assessment presently delinquent or due and required to be paid to
the state or any of its political subdivisions, including any
interest or additional penalties accrued thereon.
(2) "Debtor" means any individual, corporation, partnership,
association, limited liability company or any other form or
business association owing a debt to the state or any of its
political subdivisions.
(3) "Political subdivision" means any county commission;
municipality; county board of education; any instrumentality
established by a county or municipality; any separate corporation
or instrumentality established by one or more counties or
municipalities, as permitted by law; or any public body charged by
law with the performance of a government function and whose
jurisdiction is coextensive with one or more counties or
municipalities.
(3) (4) "Related party" means a party, whether an individual,
corporation, partnership, association, limited liability company or
any other form or business association or other entity whatsoever,
related to any vendor by blood, marriage, ownership or contract
through which the party has a relationship of ownership or other
interest with the vendor so that the party will actually or by
effect receive or control a portion of the benefit, profit or other
consideration from performance of a vendor contract with the party
receiving an amount that meets or exceeds five percent of the total
contract amount.
(b) No contract or renewal of any contract may be awarded
under this article by the state or any of its political
subdivisions to any vendor or prospective vendor when the vendor or
prospective vendor or a related party to the vendor or prospective
vender vendor is a debtor as defined in this section and the debt
owed is an amount greater than five one thousand dollars in the
aggregate.
(c) The prohibition of this section does not apply where a
vendor has contested any tax administered pursuant to chapter
eleven of this code, workers' compensation premium, permit fee or
environmental fee or assessment and the matter has not become final
or where the vendor has entered into a payment plan or agreement
and the vendor is not in default of any of the provisions of such
plan or agreement.
(d) All bids, contract proposals or contracts with the state
or any of its political subdivisions submitted under this article
or approved under the provisions of this code shall include an
affidavit that the bidder and all vendor, prospective vendor or a
related parties party to the vendor or prospective vendor does not
owe any debts debt in an amount in excess of one thousand dollars
or, if a debt is owed, that the provisions of subsection (c) of
this section apply.
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(NOTE: The purpose of this bill is to prohibit the state and
its political subdivisions from contracting with vendors owing a
debt to the state or its political subdivisions.
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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