Senate Bill No. 307
(By Senators Tomblin, Mr. President, Bowman and Plymale)
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[Introduced January 28, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §5A-3-36 of the code of West Virginia,
1931, as amended, relating to providing a procedure for
removing property from the state's inventory of removable
property.
Be it enacted by the Legislature of West Virginia:
That §5A-3-36 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-36. Inventory of removable property; maintenance and repair
of office furniture, machinery and equipment.
(a)(1) The director
shall have has the power and duty to
(1)
make and keep current an inventory of all removable property
belonging to the state.
Such The inventory shall be kept on file
in the office of the director as a public record. The inventory
shall disclose the name and address of the vendor, the date of the purchase, the price paid for the property
therein described
in the
inventory, the agency in possession of the property and the
disposition
thereof of the property.
(2) When an agency that is identified on the inventory as
being in possession of specific property no longer has possession
of the property the agency shall request the director, in writing
or electronically, to remove the property from the inventory. To
the extent known, the agency shall include a description of the
disposition of the property.
(3) The director shall review the request and the description
of the disposition of the property. If the director finds that
disposition of the property was lawful, the director shall remove
the property from the inventory. If the director does not have
sufficient evidence to find that the disposition of the property
was lawful and the circumstances surrounding the disposition of the
property do not involve the suspicion of misappropriation, the
director shall place the property on a depreciation schedule and
remove the property from the inventory when the value falls below
one thousand dollars.
(4) If the director rejects a request for removal of an asset
because the circumstances surrounding the disposition of the
property indicate the possibility of misappropriation of the
property, the director shall request an investigation by an
appropriate law-enforcement agency or the Legislature's commission on special investigations. If, upon the completion of an
investigation, no misappropriation of the assets is found the
director shall place the property on a depreciation schedule and
remove the property from the inventory when the value falls below
one thousand dollars.
(5) If the director finds that property identified on the
inventory has been misappropriated and neither the property nor the
value of the property is recoverable, the director shall remove the
property from the inventory.
(2) (b) The director has the power and duty to provide for the
maintenance and repair of all office furniture, machinery and
equipment belonging to the state, either by employing personnel and
facilities under his
or her direction or by contracting with state
agencies or private parties.
NOTE: The purpose of this bill is to provide a procedure for
removing property from the state's inventory of removable property.
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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