reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-17. Purchases or Contracts Violating Article Void; Personal Liability

If a spending unit purchases or contracts for commodities or services contrary to the provisions of this article or the rules and regulations made thereunder, in any material respect, as determined by the director, such purchase or contract shall be void and of no effect. The spending officer of such spending unit, or any other individual charged with responsibility for the purchase or contract, shall be personally liable for the costs of such purchase or contract and, if already paid out of state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor:
Provided
, That the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-18. Substituting for Commodity Bearing Particular Trade Name or Brand

If a spending unit requests the purchase of a commodity bearing a particular trade name or brand, the director may substitute, after consultation with the relevant spending unit, a commodity bearing a different trade name or brand, if the substituted commodity reasonably conforms to the adopted standard specifications and can be obtained at an equal or lower price.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-19. Purchases From Federal Government and Other Sources

(a) Notwithstanding any other provision of this article, the director may, upon the recommendation of a state spending unit, participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for the purchase of commodities or services with agencies of the federal government, agencies of other states, other public bodies or other state agencies, if available and financially advantageous. At the discretion of the director, bids may be solicited to determine whether participation in such a cooperative purchasing agreement or consortium is financially advantageous.
(b) The Department of Administration may approve administrative fees, not to exceed the amount of $50,000, necessary to participate in a cooperative purchasing agreement. Fees which exceed $50,000 are subject to the competitive bid requirements of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-28. Financial Interest of Secretary, etc.; Receiving Reward From Interested Party; Penalty; Application of Bribery Statute

(a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall accept or receive directly or indirectly from any person, firm or corporation, known by such secretary, director or employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation.
(b) A person who violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of the last sentence of the first paragraph of this section under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in said article five-a.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-29. Penalty for Violation of Article

Any person who knowingly and willfully violates a provision of this article, except where another penalty is prescribed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten nor more than $500, or both, in the discretion of the court.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-30. Statement of Purpose; Obtaining Money and Property Under False Pretenses or by Fraud From the State; Penalties; Definition

(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state, to eliminate fraud in the procurement of commodities and services by the state.
(b) It is unlawful for any person to obtain any services, money, goods or other property from the state under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding $10,000.
(c) It shall not be a defense to a charge under this section that: (1) The commodities or services purchased were accepted and used, or are being used, by the state; or (2) the commodities or services are functional or suitable for the purpose for which the commodities or services were purchased by the state notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.
(d) For the purpose of this section, "inferior commodities" includes, but shall not be limited to: (1) Any commodity which does not meet the specification or standard issued by the purchasing agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2) any commodity which is of a lesser quality, quantity or measure of any kind set forth within the specification or standard issued by the purchasing agency and the Division of Purchasing.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-31. Corrupt Actions, Combinations, Collusions or Conspiracies Prohibited; Penalties

(a) It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effect of such action, combination, collusion or conspiracy is either to: (1) Lessen competition among prospective vendors; or (2) cause the state to pay a higher price for such services, commodities or printing than would be or would have been paid in the absence of such action, combination, collusion or conspiracy; or (3) cause one prospective vendor or vendors to be preferred over one or more other prospective vendor or vendors.
(b) Any person who violates any provision of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, and be fined not exceeding $10,000.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-32. Power of Director to Suspend Right to Bid; Notice of Suspension

The director shall have the power and authority to suspend, for a period not to exceed one year, the right and privilege of a vendor to bid on state purchases when the director has reason to believe that such vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director. Every vendor whose right to bid has been so suspended shall be notified thereof by a letter posted by certified mail containing the reason for such suspension.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-33b. Scope

The provisions of sections thirty-three-a through thirty-three-f of this article govern the debarment of vendors with regard to bids under the following provisions of this code:
(a) Section one, article twenty-two, chapter five, relating to bids for construction contracts by the state and its subdivisions;
(b) Section eleven, article three, chapter five-a, relating to the purchase of supplies and printing by the state;
(c) Section eleven, article one, chapter seven, relating to bids for the purchase of commodities and printing by county commissions;
(d) Sections nineteen and twenty, article four, chapter seventeen, relating to bids for construction and reconstruction of state roads and bridges and the furnishing of materials and supplies therefor;
(e) Article nine-d, chapter eighteen, relating to the awarding of contracts by the School Building Authority; and
(f) Sections four and five, article five, chapter eighteen-b, relating to expenditures by the governing boards for higher education.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-33c. Duties

The director has primary responsibility for administering the debarment process. The director's duties include:
(a) Obtaining lists of vendors declared ineligible under federal laws and regulations;
(b) Notification of all contracting officials for the state and its subdivisions regarding debarred vendors;
(c) Compiling and maintaining a current, consolidated list of all vendors that have been debarred or declared ineligible, the period of such debarment, and the reasons therefor;
(d) Investigating complaints about vendors from the officials of the state and its subdivisions responsible for contracting with vendors for supplies and services;
(e) Initiating and conducting debarment procedures;
(f) Proposing rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, for the operation of the debarment process described in the provisions of sections thirty-three-a through thirty-three-f of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-33e. Debarment Procedure

(a) The director shall obtain lists of vendors declared ineligible under federal laws and regulation and lists of vendors who are in default on state obligations, and shall initiate debarment proceedings with respect to such vendors, except when good cause is shown which includes evidence that the vendor has become responsible.
(1) In the case of federal ineligibility restrictions applicable to state agencies, the director shall also notify the appropriate agencies of any ineligibility determined under federal authority.
(2) The director may also initiate debarment proceedings if he or she finds probable cause for debarment for any ground set forth in section thirty-three-d of this article.
(3) The director shall initiate debarment proceedings when any state agency requests debarment of a vendor and the director finds that probable cause for debarment exists.
(b) The director shall notify the vendor by certified mail, return receipt requested, of the following:
(1) The reasons for the proposed debarment in sufficient detail to put the vendor on notice of the conduct or transactions upon which the proposed debarment is based;
(2) The causes relied upon for the proposed debarment;
(3) That within thirty working days after receipt of the notice, the vendor may submit in writing information and argument in opposition to the proposed debarment;
(4) The procedures governing debarment decision-making; and
(5) The potential effect of the proposed debarment.
(c) In the event a vendor wishes to contest the debarment decision, the director shall decide the matter in accordance with the provisions of article five, chapter twenty-nine-a of this code.
(d) In any debarment decision, the director shall make a specific finding, based on the substantial record, whether the public interest requires that the debarment decision extend to all commodities and services of the vendor, or whether the public interest allows the debarment decision to be limited to specific commodities or services.
(e) In any debarment decision, the director shall specify the length of the debarment period. The debarment period must be for the period of time that the director finds necessary and proper to protect the public from an irresponsible vendor.
(f) Proof of grounds for debarment must be clear and convincing.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-35. Submission of Annual Inventories

The head of every spending unit of State government shall, on or before July 15, of each year, make an accounting and inventory of, and file with the director, all real and personal property, and of all equipment, supplies and commodities in its possession as of the close of the last fiscal year.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-36. Inventory of Removable Property

The director has the power and duty to make and keep current an inventory of all removable property belonging to the state. Such 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 purchase, the price paid for the property therein described and the disposition thereof.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-46. Warehousing, Transfer, etc., Charges

Any charges made or fees assessed by the state agency for surplus property for the acquisition, warehousing, distribution or transfer of any property acquired by donation from the United States of America for educational purposes or public health purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipts, warehousing, distribution or transfer by the state agency for surplus property. All charges designated herein shall be used by the state agency for surplus property to defray the general operating expenses of the state agency for surplus property.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-47. Department of Agriculture and Other Agencies Exempted

Notwithstanding any provisions or limitations of this article, the state Department of Agriculture and any other state departments or agencies hereafter so designated are authorized and empowered to distribute food, food stamps, surplus commodities and agricultural products under contracts and agreements with the federal government or any of its departments or agencies, and the state Department of Agriculture and any other state departments or agencies hereafter so designated are authorized and empowered to adopt rules and regulations in order to conform with federal requirements and standards for such distribution and also for the proper distribution of such food, food stamps, commodities and agricultural products. To the extent set forth in this section, the provisions of this article shall not apply to the state Department of Agriculture and any other state departments or agencies hereafter so designated for the purposes set forth in this section.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-48. Travel Rules; Exceptions

(a) The Secretary of Administration shall promulgate rules, including emergency rules, relating to the ownership, purchase, use, storage, maintenance and repair of all motor vehicles and aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities.
(b) If, in the judgment of the Secretary of Administration, economy or convenience indicate the expediency thereof, the secretary may require all vehicles and the aircraft subject to regulation by this article, or those he or she may designate, to be kept in garages and other places of storage and to be made available in a manner and under the terms necessary for the official use of any departments, institutions, agencies, officers, agents and employees of the state as designated by the secretary in rules promulgated pursuant to this section.
(c) The secretary may administer the travel regulations promulgated by the Governor in accordance with section eleven, article three, chapter twelve of this code, unless otherwise determined by the Governor.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-51. Maintenance and Service to Vehicles and Aircraft

The secretary may utilize any building or land owned by the state, any department, institution or agency thereof, for the storing, garaging, and repairing of such motor vehicles and aircraft. The secretary shall provide for the employment of personnel needed to manage said motor pool and to repair and service such vehicles and aircraft and for the purchase of gasoline, oil, and other supplies for use in connection therewith, and may utilize the facilities, services and employees of any department, institution or agency of the state to effectuate the purposes thereof.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-52. Division; Fund

(a) The secretary may establish an aviation division within the Department of Administration to:
(1) Manage all aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities: Provided, That, such aircraft shall not be used for personal purposes;
(2) Administer the rules, including emergency rules, promulgated under the provisions of §5A-3-48 of this code; and
(3) Perform any duties relating to aircraft owned or possessed by the State of West Virginia assigned by the secretary, which duties may include those set out in §5A-3-50 through §5A-3-53 of this code.
(b) The special revenue account, known as the Aviation Fund, is hereby continued and shall be administered by the director of the division, or in the absence of a director, by the secretary. Expenditures from this fund are authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon fulfillment of the provisions of §11B-2-1 et seq. of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and shall be used solely in a manner consistent with this article. All costs and expenses incurred pursuant to §5A-3-52 of this code, including administrative, shall be paid from those funds. Charges for operating, repairing and servicing aircraft made against any institution, agency, or department shall be paid into the Aviation Fund by that institution, department, or agency.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-53. Enforcement of Travel Management Regulations

If any state officer, agent or employee fails to comply with any rule or regulation of the secretary made pursuant to section forty-eight of this article, the State Auditor shall, upon order of the secretary, refuse to issue any warrant or warrants on account of expenses incurred, or to be incurred, in the purchase, operation, maintenance, or repairs of any motor vehicle or aircraft now or to be in the possession or under the control of such officer, agent or employee. The secretary may take possession of any state-owned vehicle or aircraft and transfer it to the central motor pool or to make such other disposition thereof as the secretary may direct.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-58. Creation of the Purchasing Improvement Fund

There is hereby created in the state Treasury a special revenue account to be known as the Purchasing Improvement Fund. The Purchasing Improvement Fund shall receive funds transferred from the Purchasing Card Administration Fund by the Auditor pursuant to section ten-d, article three, chapter twelve of this code and shall be administered by the secretary. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2008, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-60. Annual Purchasing Training

(a) All executive department secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take two hours of training on purchasing procedures and purchasing cards annually.
(b) The Director of the Purchasing Division and the Auditor shall offer the two-hour training required by this section at least two times per year and shall develop its substance in accordance with the requirements of this article and other relevant provisions of this code. The training shall be recorded by audio and visual means and shall be made available to the individuals listed in subsection (a) of this section in the event they are unable to attend the training in person.
(c) All individuals listed in subsection (a) of this section shall certify, in writing and on a form developed by the Director of the Purchasing Division, the date, time, location and manner in which they took the training. Completed forms shall be returned to the director and maintained in his or her office.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3. Purchasing Division › §5A-3-62. Prohibited Contract Clauses

(a) Any term or condition in any contract entered into by the state shall be void ab initio to the extent that it requires the state to:
(1) Indemnify or hold harmless any entity;
(2) Agree to binding arbitration or any other binding extra-judicial dispute resolution process;
(3) Limit liability for direct damages for bodily injury, death, or damage to property (tangible or intangible) caused by the negligence or willful misconduct of such person’s employees or agents;
(4) Agree to shorten statutes of limitation established by this code;
(5) Allow automatic renewal of contracts without express written consent of the state;
(6) Agree to payment in advance (unless specifically authorized by statute or the policy of the West Virginia State Auditor);
(7) Agree to jurisdiction anywhere other than a court authorized by the West Virginia Legislature to hear the dispute;
(8) Be governed by any law other than the laws of the State of West Virginia or required federal law;
(9) Pay court costs;
(10) Pay taxes;
(11) Waive defenses;
(12) Permit assignment of contracts without express written consent from the state;
(13) Treat information as confidential contrary to the state’s disclosure responsibilities under any applicable bid disclosure laws and the Freedom of Information Act;
(14) Agree to unsigned third-party terms and conditions;
(15) Limit the state’s ability to cancel a contract for convenience with 30 days’ notice;
(16) Give up its ownership rights or interest in any information or data, including confidential information, provided to, or collected by, a vendor on behalf of the state;
(17) Maintain any type of insurance; or
(18) Permit modification of contract terms without prior approval from the state.
(b) No official, employee, agent, or representative of the state has the authority to contravene this section, and no oral or written expression of consent to any term or condition declared void ab initio by this section, or signature on a contract, may be deemed as such. Any contract that contains a term or condition declared void ab initio by this section shall otherwise be enforceable as if it did not contain such term or condition. All contracts entered into by the state, except for contracts with another government, shall be governed by West Virginia law notwithstanding any term or condition to the contrary.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3A. Central Nonprofit Coordinating Agency and Committee for the Purchase of Commodities and Services From the Handicapped › §5A-3A-1. Purpose

The purpose of this article is to further the state's policy of encouraging disabled persons to achieve maximum personal independence by engaging in productive activities and in addition to provide state agencies, institutions and political subdivisions with a method for achieving conformity with purchasing procedures and requirements of nondiscrimination, affirmative action, in employment matters related to disabled persons.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3A. Central Nonprofit Coordinating Agency and Committee for the Purchase of Commodities and Services From the Handicapped › §5A-3A-2. Central Nonprofit Agency

A central nonprofit agency approved by the director of the Division of Rehabilitation Services is established for the purpose of coordinating purchases under the provisions of section ten, article three of this chapter, between various “spending units” of the state and “nonprofit workshops.” This agency shall have the following responsibilities:
(a) Represent qualified nonprofit workshops in dealing with state purchasing agents and the other bodies charged with purchasing responsibilities;
(b) Evaluating the qualifications and capabilities of workshops and entering, as necessary, into contracts with government procuring entities for the furnishing of the commodities or services provided by the workshops;
(c) Overseeing workshops to ensure compliance with contract performance and quality standards; list the commodities and services of participating workshops, research and assist the workshops in developing new products and upgrading existing ones, and shall survey applicable private industry to provide input on fair market prices; and
(d) Present an annual report for each fiscal year concerning the operations of its nonprofit workshops to the director of the Division of Rehabilitation Services.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3A. Central Nonprofit Coordinating Agency and Committee for the Purchase of Commodities and Services From the Handicapped › §5A-3A-3. Committee for the Purchase of Commodities and Services From the Handicapped

(a) The committee for the purchase of commodities and services from the handicapped is hereby created as a part of the Department of Administration and shall be composed of the following six members who are to be appointed by the Governor with the advice and consent of the Senate: A private citizen who is conversant with the problems incidental to the employment of handicapped persons; a representative of a producing nonprofit workshop; a representative of the Division of Rehabilitation Services; a representative of the Department of Administration who is knowledgeable in the purchasing requirements of the state; a representative of private business who is knowledgeable in the activities involved in the sale of commodities or services to governmental entities; and a representative of organized labor who is knowledgeable in matters relating to employment of the disabled. The Governor shall appoint one member to serve as chairperson.
(b) Members of the committee are appointed to serve two-year terms expiring on January 31 of odd-numbered years. Members who are not state employees shall receive compensation for their service of $50 per day for each day actually engaged in the work of the committee and all members shall receive reimbursement by the state for expenses incurred in performing their duties as members.
(c) The committee shall have as an executive secretary the person charged with program management in section ten, article three of this chapter. The executive secretary shall be responsible for the day-to-day management of the committee and shall coordinate with the central nonprofit agency to perform the duties outlined in section ten, article three of this chapter.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3A. Central Nonprofit Coordinating Agency and Committee for the Purchase of Commodities and Services From the Handicapped › §5A-3A-4. Responsibilities of the Committee for the Purchase of Commodities and Services From the Handicapped

The committee shall have the following duties and responsibilities:
(a) Determining the fair market price of all commodities, printing and services produced by nonprofit workshops and offered for sale by the central nonprofit agency to the various departments and political subdivisions of the state. Prices shall be revised periodically to reflect changing market conditions.
(b) Monitoring the activities of the central nonprofit agency to assure that the interests of the state's handicapped citizens are advanced by the agency. The committee shall make rules necessary to monitor the agency as well as matters related to the state's use of the products and services produced by the handicapped. Except as stated in section ten, article three of this chapter, rules shall reflect agreement with the policies and procedures established by the state's purchasing units.
(c) Monitoring the performance of the central nonprofit agency to see that the commodities and services produced meet state specifications (or in the absence of specifications meet standards in use by the federal government or industry) as to quality and delivery. The committee shall provide procedures for formal and informal resolution of provider and consumer grievances or complaints.
(d) Maintaining records pertaining to its activities under the act including records of sales, formal grievances, number of handicapped workers employed, a summary of disabilities for workers providing services, a list of workshop products and services, and the geographic distribution of provider workshops. On or before January 1, of each year the committee shall file with the Governor and the presiding officer of each house of the Legislature a written report summarizing the above records and giving a detailed accounting for all funds received and disbursed by the committee during the preceding year.
2023 West Virginia Code › Chapter 5A. Department of Administration › 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 director of purchasing determines that the commodity or service 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 service;
(3) The purchasing director determines, after considering any recommendation of the committee or bids which may have been offered, that the commodity or service is not of a fair market price; or
(4) The purchasing director determines, after consulting with the committee, that the commodity or service is not of like quality to other commodities or services available.
No purchasing unit may evade the intent of this section when required goods or services are reasonably available from nonprofit workshops: Provided, That if a purchasing unit is required or may be required by federal statute or regulations to purchase commodities or services with competitive bidding, or may otherwise be disqualified from federal funding or assistance if it fails to purchase commodities or services with competitive bidding, the purchasing unit shall not be required to purchase commodities or services from nonprofit workshops. Such purchasing units not required to purchase commodities or services from nonprofit workshops include military installations of the National Guard.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 3B. Energy-Savings Contracts › §5A-3B-1. Definitions

As used in this article:
(a) “Agency” means any state department, division, office, commission, authority, board or other unit authorized by law to enter into contracts for the provision of goods or services;
(b) “Energy-conservation measures” means goods or services, or both, to reduce energy consumption operating costs of agency facilities. They include, but are not limited to, installation of one or more of the following:
(1) Insulation of a building structure and systems within a building;
(2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, or other window or door modifications that reduce energy consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating or air conditioning systems, including modifications or replacements;
(5) Replacement or modification of lighting fixtures to increase energy efficiency;
(6) Energy recovery systems;
(7) Cogeneration systems that produce steam or another form of energy for use by any agency in a building or complex of buildings owned by the agency; or
(8) Energy-conservation maintenance measures that provide long-term operating cost reductions of the building's present cost of operation.
(c) “Energy-savings contract” means a performance-based contract for the evaluation and recommendation of energy operations conservation measures and for implementation of one or more measures.
(d) “Qualified provider” means a person, firm or corporation experienced in the design, implementation and installation of energy-conservation measures.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 4. General Services Division › §5A-4-3. Security Officers; Appointment; Oath; Carrying Weapons; Powers and Duties Generally, etc.

In addition to the other powers given and assigned to the secretary in this chapter, he is hereby authorized to appoint bona fide residents of this state to act as security officers upon any premises owned or leased by the State of West Virginia and under the jurisdiction of the secretary, subject to the conditions and restrictions hereinafter imposed. Before entering upon the performance of his duties as such security officer, each person so appointed shall qualify therefor in the same manner as is required of county officers by taking and filing an oath of office as required by article one, chapter six of this code. No such person shall have authority to carry a gun or any other dangerous weapon until he shall have obtained a license therefor in the manner prescribed by section two, article seven, chapter sixty-one of this code.
It shall be the duty of any person so appointed and qualified to preserve law and order on any premises under the jurisdiction of the secretary to which he may be assigned by the secretary. For this purpose he shall as to offenses committed on such premises have and may exercise all the powers and authority and shall be subject to all the responsibilities of a deputy sheriff of the county. The assignment of security officers to any premises under the jurisdiction of the secretary shall not be deemed to supersede in any way the authority or duty of other peace officers to preserve law and order on such premises.
The secretary may at his pleasure revoke the authority of any such officer by filing a notice to that effect in the office of the clerk of each county in which his oath of office was filed, and in the case of officers licensed to carry a gun or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license therefor was granted.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 4. General Services Division › §5A-4-4. Unlawful to Kill or Molest Animals, Birds or Fowls Upon Grounds of Capitol; Powers and Duties of Security Officers; Penalties

In addition to the duties of persons appointed and qualified as security officers pursuant to section three, article four, chapter five-a of this code, to preserve law and order on any premises under the jurisdiction of the secretary to which may be assigned by the secretary, such security officers shall have authority and it shall be the duty of such security officers to enforce the provisions of this section. This authority and duty of security officers shall not be deemed to supersede in any way the authority or duty of other peace officers to enforce the provisions of this section.
It shall be unlawful at any time to kill or molest in any manner, any animals, birds or fowls on the grounds of the capitol buildings or Governor's mansion, except as may be deemed necessary by the secretary for the control or extermination of animals, birds or fowls deemed by to be pests or a danger to the health and safety. Any person who kills or molests in any manner, or knowingly allows a dog or other animal owned by to kill or molest in any manner any animals, birds or fowls on the grounds of the capitol buildings or Governor's mansion shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than $50 nor more than $500 or, in the discretion of the court, be imprisoned in the county jail for not more than six months, or both such fine and imprisonment.
It shall be unlawful for any person to knowingly allow a dog owned by to be upon the grounds of the capitol buildings or Governor's mansion unless such dog is under control by leash. Any person who knowingly allows a dog owned by to be upon the grounds of the capitol buildings or Governor's mansion while not under control by leash shall be guilty of a misdemeanor, and, upon conviction thereof, be fined not less than $25 nor more than $100.
It shall further be unlawful for any person to knowingly allow a dog or other animal owned by or under his control to defecate upon the grounds of the capitol buildings or Governor's mansion. In the event that a dog or other animal owned by or under the control of a person defecates upon the grounds of the capitol buildings or Governor's mansion, the person shall remove such defecation. Any person who knowingly allows a dog or other animal owned by or under his control to defecate upon the grounds of the capitol buildings or Governor's mansion and who subsequently fails to remove said defecation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25 nor more than $100.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 4. General Services Division › §5A-4-5a. Construction of Parking Garage for General Public; Creation of Fund

(a) It is the intent of the Legislature to provide a parking facility for the general public and to direct the secretary of the Department of Administration to plan and construct a parking garage at the state Capitol complex that will provide sufficient and additional parking exclusively for the general public.
(b) There is created in the state Treasury to be administered by the Department of Administration a special fund to be named the "2004 capitol complex parking garage fund" into which shall be deposited funds that are appropriated and funds from other sources to be used for the construction and maintenance of a parking garage on or adjacent to the state Capitol complex.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 4. General Services Division › §5A-4-6. Renovation and Improvement of Capitol Building and Capitol Complex

(a) It is the intent of the Legislature to provide renovation and improvement of the existing state capitol building and the capitol complex and to direct the secretary of the Department of Administration to plan and make renovations and improvements of the existing state capitol building and the capitol complex for the purpose of reversing deterioration to existing facilities, securing the safety of the general public and state employees, promoting efficiency of governmental operations and enhancing tourism in the state.
(b) There is created in the state Treasury to be administered by the Department of Administration a special fund to be named the "capitol renovation and improvement fund" into which shall be deposited funds that are appropriated and funds from other sources to be used for renovations and improvements of the existing state capitol building and the capitol complex.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 5. Governor's Mansion Advisory Committee › §5A-5-1. Committee Continued; Appointment, Terms, etc., of Members; Meetings and Responsibilities; Annual Report

There is hereby continued the Governor's mansion advisory committee within the Department of Administration. The secretary of administration or his designated representative, the commissioner of culture and history or his designated representative, and the spouse of any Governor during the term of office of that Governor, or the designated representative of such Governor, shall be ex officio members of the committee. In addition, the Governor shall appoint four additional members of the committee, one to be a curator in the field of fine arts, one to be an interior decorator who is a member of the American institute of decorators, one to be a building contractor, and one member to represent the interest of the general public. The appointive members of the committee shall serve for a term of four years. The members of the committee shall serve without compensation but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of their duties; except that in the event the expenses are paid, or are to be paid, by a third party, the member shall not be reimbursed by the state. The Governor shall designate from the committee a chairman to serve for a term of one year. The secretary of administration shall serve as secretary. The committee shall meet upon the call of the chairman annually and may meet at such other times as may be necessary for the performance of its functions.
The committee shall be charged with the following responsibilities:
(1) To make recommendations to the Governor for the maintaining, preserving and replenishing of all articles of furniture, fixtures, decorative objects, linens, silver, china, crystal and objects of art used or displayed in the state rooms of the Governor's mansion, which state rooms shall consist of the front hall, the reception room, the ballroom and its sitting room, the state dining room, the front upstairs hall and the music room;
(2) To make recommendations to the Governor as to the decor and arrangements best suited to enhance the historic and artistic values of the mansion in keeping with the architecture thereof and of such articles of furniture, fixtures, decorative objects, linens, silver, china, crystal and objects of art, which recommendations shall be considered by the Governor in decorating said mansion; and
(3) To invite interested persons to attend its meetings or otherwise to assist in carrying out its functions.
All departments, boards, agencies, commissions, officials and employees of the state are hereby authorized to cooperate with and assist the committee in the performance of its functions and duties whenever possible. As soon after the close of each fiscal year as possible, the committee shall make an annual report to the Governor and the Legislature with respect to its activities and responsibilities.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 5. Governor's Mansion Advisory Committee › §5A-5-2. Office of Governor's Mansion Director Created; Duties and Responsibilities

There is hereby created the office of Governor's mansion director, who shall be qualified by background and experience for such a position and shall be appointed by the Governor to serve at the will and pleasure of the Governor. The mansion director shall be charged with the following duties and responsibilities: To protect and preserve all articles of furniture, fixtures, table linens, silver, china, crystal and objects of art displayed in the state rooms in the mansion. The mansion director shall assist the Governor and/or the Governor's spouse in the scheduling of state government functions and entertainment at the mansion.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 5. Governor's Mansion Advisory Committee › §5A-5-3. Official Use of State Rooms in Governor's Mansion; Vacating Private Rooms of Mansion

(a) The state rooms of the mansion shall be used for official state government functions and entertainment: Provided, That tours of the state rooms of the mansion shall be permitted, and the mansion director shall assist in the scheduling of said tours and prescribe rules and regulations governing same.
(b) No personal furniture or furnishings of the first family may be placed in the state rooms of the mansion except for home entertainment equipment.
(c) No furniture or furnishings in the state rooms located on the first floor of the mansion may be replaced, removed or sold without prior approval of the Governor's mansion advisory committee.
(d) No items in the state rooms purchased by the West Virginia Mansion Preservation Foundation, Inc., may be replaced, removed or sold without prior approval of such corporation.
(e) The outgoing Governor and his family shall vacate the private rooms of the mansion at least seven days prior to the inauguration of a new Governor so that the mansion may be made suitable for the change in occupancy.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 6. Office of Technology › §5A-6-1. Findings and Purposes

The Legislature finds and declares that information technology is essential to finding practical solutions to the everyday problems of government and that the management goals and purposes of government are furthered by the development of compatible, linked information systems across government. Therefore, it is the purpose of this article to create, as an integral part of the Department of Administration, the Office of Technology with the authority to advise and make recommendations to all state spending units on their information systems and to have the authority to oversee coordination of the state's technical infrastructure.