Senate Bill No. 629
(By Senator Redd and Mitchell)
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[Introduced February 21, 2000; referred to the
Committee on Education; and then to the Committee on Finance.]
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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 providing that
any work performed by a regular employee of a public
institution of higher learning may not be contracted out to
a person who is not an employee of the institution unless
the regular employee is given first consideration to perform
the work.
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 may a
contract for
such these services and facilities be entered into
unless the governing boards have determined that
such the
services and facilities are necessary and that
such the services
and facilities would be at a savings to the state:
Provided,
however, That before any job, duty or service performed by a
regular employee of any public institution of higher education
may be contracted or subcontracted to be performed by any person
or entity who is not a regular employee of the institution, first
consideration must be given to have the work performed by a regular employee of the institution.
Notwithstanding the provisions of this section, nothing
herein contained
shall may supersede the responsibility and
respective duties of the commissioner of finance and
administration, the director of the purchasing division of
such
the department and the attorney general for the execution and
approval of the contracts entered into under this article and
such the 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 provide that the
subcontracting of jobs or services to private venders which are
presently being performed at institutions of higher education by
public employees may not be undertaken unless those public
employees are given first consideration to perform the work.
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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