2009 West Virginia Code
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION

ARTICLE 1. DEPARTMENT OF ADMINISTRATION. 

• §5A-1-1 Definitions.
• §5A-1-2a Repealed
• §5A-1-2b Repealed
• §5A-1-2c Repealed
• §5A-1-3 Powers and duties of secretary, division heads and employees.
• §5A-1-4 Council of finance and administration.
• §5A-1-5 Reports by secretary.
• §5A-1-6 Oath and bond of secretary; bond required for director of the purchasing division; bonds for other directors and employees; cost of bonds.
• §5A-1-7 Delegation of powers and duties by secretary.
• §5A-1-8 Right of appeal from interference with functioning of agency.
• §5A-1-9 Reporting of state assets held to secretary and state treasurer.
• §5A-1-10 Repealed
• §5A-1-11 State Americans with disabilities coordinator.

ARTICLE 1A. CHIEF TECHNOLOGY OFFICER. 

• §5A-1A-1 Employee suggestion award program continued.
• §5A-1A-2 Board created; term of members.
• §5A-1A-3 Duties of board; excluded employees.
• §5A-1A-4 Awards.
• §5A-1A-5 State ownership of suggestions.

ARTICLE 2. FINANCE DIVISION. 

• §5A-2-1 Finance division created; director; sections; powers and duties.
• §5A-2-2 Repealed
• §5A-2-3 Repealed
• §5A-2-4 Repealed
• §5A-2-5 Repealed
• §5A-2-6 Repealed
• §5A-2-7 Repealed
• §5A-2-8 Repealed
• §5A-2-9 Repealed
• §5A-2-10 Repealed
• §5A-2-11 Repealed
• §5A-2-12 Repealed
• §5A-2-13 Repealed
• §5A-2-14 Repealed
• §5A-2-14a Repealed
• §5A-2-15 Repealed
• §5A-2-16 Repealed
• §5A-2-17 Repealed
• §5A-2-18 Repealed
• §5A-2-19 Repealed
• §5A-2-19a Special reports by spending units; notification of pending matters having impact on future expenditure requirements.
• §5A-2-20 Repealed
• §5A-2-21 Repealed
• §5A-2-22 Repealed
• §5A-2-23 Repealed
• §5A-2-24 Management accounting.
• §5A-2-25 System of accounting to be certified to legislative auditor.
• §5A-2-26 Repealed
• §5A-2-27 Repealed
• §5A-2-28 Repealed
• §5A-2-29 Repealed
• §5A-2-30 Repealed
• §5A-2-31 Repealed
• §5A-2-32 Submission of requests, amendments, reports, etc., to legislative auditor; misdemeanor penalty for noncompliance.
• §5A-2-33 Financial accounting and reporting section; comptroller; powers and responsibilities.
• §5A-2-34 Study of centralized accounting system.
• §5A-2-35 Repealed
• §5A-2-36 Repealed
• §5A-2-37 Repealed
• §5A-2-38 Repealed

ARTICLE 2A. USE OF ALTERNATIVE FUELS IN STATE-OWNED VEHICLES. 

• §5A-2A-1 Definitions.
• §5A-2A-2 Purchase or lease of fleet vehicles; use of alternative fuels.
• §5A-2A-3 Regulation of compressed natural gas.
• §5A-2A-4 Prohibition of subsidies or incentive payments.

ARTICLE 3. PURCHASING DIVISION. 

• §5A-3-1 Division created; purpose; director; applicability of article; continuation.
• §5A-3-1a Prescription drug products.
• §5A-3-2 Books and records of director.
• §5A-3-3 Powers and duties of director of purchasing.
• §5A-3-4 Rules of director.
• §5A-3-5 Purchasing section standard specifications - Promulgation and adoption by director; applicable to all purchases.
• §5A-3-6 Purchasing section standard specifications -- Advisers from spending units.
• §5A-3-7 Director to advise with heads of state and other institutions producing commodities, services and printing.
• §5A-3-8 Facilities of division available to local governmental bodies.
• §5A-3-9 Examination and testing of purchases; report required.
• §5A-3-9a Creation of a fund.
• §5A-3-10 Competitive bids; publication of solicitations for sealed bids; purchase of products of nonprofit workshops; employee to assist in dealings with nonprofit workshops.
• §5A-3-10a Prohibition for awarding contracts to vendors which owe a debt to the state or its political subdivisions.
• §5A-3-10b Best value procurement.
• §5A-3-10c Sole source procurement.
• §5A-3-11 Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to pay taxes, fees and debts; and exception.
• §5A-3-11a Negotiation when all bids exceed budget in requisition.
• §5A-3-11b Discussion and final offers.
• §5A-3-11c Multiple awards.
• §5A-3-12 Prequalification disclosure and payment of annual fee by vendors required; form and contents; register of vendors; false affidavits; penalties.
• §5A-3-13 Contracts to be approved as to form; filing.
• §5A-3-14 Copies of purchase orders sent to finance division; certificates required before contracts awarded.
• §5A-3-14a Repealed
• §5A-3-15 Emergency purchases in open market.
• §5A-3-16 Special fund; purposes; how composed.
• §5A-3-17 Purchases or contracts violating article void; personal liability.
• §5A-3-18 Substituting for commodity bearing particular trade name or brand.
• §5A-3-19 Purchases from federal government and other sources.
• §5A-3-20 Spending units to submit lists of expendable commodities.
• §5A-3-21 Contracts for public printing and paper for spending units; printing plants at institutions.
• §5A-3-22 Legislative printing.
• §5A-3-23 Publication of reports of supreme court of appeals.
• §5A-3-24 Publication of departmental reports; uniform standards; limiting number of publications; requiring division to perform printing and binding.
• §5A-3-25 Printing, binding and stationery to be paid from current expense appropriations.
• §5A-3-26 Custodian of reports and acts; delivery to state law librarian for distribution; sale.
• §5A-3-27 Repealed
• §5A-3-28 Financial interest of secretary, etc.; receiving reward from interested party; penalty; application of bribery statute.
• §5A-3-29 Penalty for violation of article.
• §5A-3-30 Statement of purpose; obtaining money and property under false pretenses or by fraud from the state or a political subdivision of the state; penalties; definition.
• §5A-3-31 Corrupt combinations, collusions or conspiracies prohibited; penalties.
• §5A-3-32 Power of director to suspend right to bid; notice of suspension.
• §5A-3-33 Review of suspension by secretary.
• §5A-3-33a Repealed
• §5A-3-33b Scope.
• §5A-3-33c Duties.
• §5A-3-33d Grounds for debarment.
• §5A-3-33e Debarment procedure.
• §5A-3-33f Effects of debarment.
• §5A-3-34 Authority over inventories and property.
• §5A-3-35 Submission of annual inventories.
• §5A-3-36 Inventory of removable property; maintenance and repair of office furniture, machinery and equipment.
• §5A-3-37 Preference for resident vendors; preference for vendors employing state residents; preference for veteran residents; exceptions.
• §5A-3-37a Preference for resident vendors; exceptions; reciprocal preference.
• §5A-3-38 Repealed
• §5A-3-39 Repealed
• §5A-3-40 Repealed
• §5A-3-40a Repealed
• §5A-3-41 Repealed
• §5A-3-42 Leasing for space rules and regulations.
• §5A-3-43 State agency for surplus property created.
• §5A-3-44 Authority and duties of state agency for surplus property.
• §5A-3-45 Disposition of surplus state property; semiannual report; application of proceeds from sale.
• §5A-3-46 Warehousing, transfer, etc., charges.
• §5A-3-47 Department of agriculture and other agencies exempted.
• §5A-3-48 Travel rules; exceptions.
• §5A-3-49 Central motor pool for state-owned vehicles and aircraft.
• §5A-3-50 Acquiring and disposing of vehicles and aircraft.
• §5A-3-51 Maintenance and service to vehicles and aircraft.
• §5A-3-52 Special fund for travel management created.
• §5A-3-53 Enforcement of travel management regulations.
• §5A-3-54 Payment of legitimate uncontested invoices; interest on late payments.
• §5A-3-55 Legislative findings.
• §5A-3-55a Director to solicit competitive bids to provide partially underwritten intrastate passenger air service at the lowest underwriting costs.
• §5A-3-56 Preference for the use of domestic steel products in state contract projects; exceptions; civil penalties.
• §5A-3-57 Continuation of the division of purchasing.
• §5A-3-58 Creation of the Purchasing Improvement Fund.

ARTICLE 3A. CENTRAL NONPROFIT COORDINATING AGENCY AND COMMITTEE FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE HANDICAPPED. 

• §5A-3A-1 Purpose.
• §5A-3A-2 Central nonprofit agency.
• §5A-3A-3 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.
• §5A-3A-5 Rules.
• §5A-3A-6 Exceptions.

ARTICLE 3B. ENERGY-SAVINGS CONTRACTS. 

• §5A-3B-1 Definitions.
• §5A-3B-2 Contracts for energy-savings contracts.

ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF 2004. 

• §1675A-3C-1to5A-3C-17 Repealed
• §5A-3C-2 Purpose.
• §5A-3C-3 Definitions.
• §5A-3C-4 Creation of clearinghouse program.
• §5A-3C-5 Pharmaceutical discount program; establishment; eligible individuals; discount pass through; terms.
• §5A-3C-6 Creation of program; administrative support; medicaid and chip program.
• §5A-3C-7 Multistate discussion group.
• §5A-3C-8 West Virginia pharmaceutical cost management council.
• §5A-3C-9 Investigation of Canadian drugs; wholesaling; federal waivers.
• §5A-3C-10 Director's powers; ability to enter drug purchasing contracts.
• §5A-3C-11 Agency's management ability continued.
• §5A-3C-13 Advertising costs; reporting of same.
• §5A-3C-14 State role.
• §5A-3C-15 Rulemaking.
• §5A-3C-16 Sunset provision.
• §5A-3C-17 Potential use of savings.

ARTICLE 4. GENERAL SERVICES DIVISION. 

• §5A-4-1 General services division; director.
• §5A-4-1a Repealed
• §5A-4-2 Care, control and custody of capitol buildings and grounds.
• §5A-4-3 Security officers; appointment; oath; carrying weapons; powers and duties generally, etc.
• §5A-4-4 Unlawful to kill or molest animals, birds or fowls upon grounds of capitol; powers and duties of security officers; penalties.
• §5A-4-5 Regulation of parking on state-owned or -leased property in Charleston; construction of parking garage for general public; penalties; jurisdiction; creation of funds.
• §5A-4-5a Construction of parking garage for general public; creation of fund.
• §5A-4-6 Renovation and improvement of capitol building and capitol complex.
• §5A-4-7 Repealed

ARTICLE 4A. GOVERNOR'S MANSION ADVISORY COMMITTEE. 

• §1675A-4A-1to5A-4A-3 Repealed

ARTICLE 5. GOVERNOR'S MANSION ADVISORY COMMITTEE. 

• §5A-5-1 Committee continued; appointment, terms, etc., of members; meetings and responsibilities; annual report.
• §5A-5-2 Office of governor's mansion director created; duties and responsibilities.
• §5A-5-3 Official use of state rooms in governor's mansion; vacating private rooms of mansion.
• §5A-5-4 Repealed
• §5A-5-5 Repealed

ARTICLE 6. OFFICE OF TECHNOLOGY. 

• §5A-6-1 Findings and purposes.
• §5A-6-2 Definitions.
• §5A-6-3 Office of Technology; Chief Technology Officer; appointment and qualifications.
• §5A-6-4 Powers and duties of the Chief Technology Officer; generally.
• §5A-6-4a Duties of the Chief Technology Officer relating to security of government information.
• §5A-6-4b Project management duties of the Chief Technology Officer; establishment of the Project Management Office and duties of the director of the Project Management Office.
• §5A-6-4c Major information technology projects proposals and the establishment of steering committees.
• §5A-6-5 Notice of request for proposals by state spending units required to make purchases through the State Purchasing Division.
• §5A-6-6 Notice of request for proposals by state spending units exempted from submitting purchases to the State Purchasing Division.
• §5A-6-7 Biannual report.
• §5A-6-8 Exemptions.

ARTICLE 6A. PERMITTING 

• §5A-6A-1 Short title.
• §5A-6A-2 Legislative findings.
• §5A-6A-3 Definitions.
• §5A-6A-4 Permit and license information authority.
• §5A-6A-5 Duty of agencies to provide permitting and licensing information; development of permitting and licensing information repository.
• §5A-6A-6 Requirements for adopted, revised or terminated permitting or licensing information.
• §5A-6A-7 Reporting requirements.
• §5A-6A-8 Rule-making authority.
• §5A-6A-9 Limitation.

ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION. 

• §5A-7-1 Definitions.
• §5A-7-2 Division created; purpose; use of facilities; rules and regulations.
• §5A-7-3 Director; appointment and qualifications.
• §5A-7-4 Powers and duties of division generally; professional staff; telephone service.
• §5A-7-4a Payment of legitimate uncontested invoices for telecommunications services; procedures and powers of the Information and Communications Division and Secretary of Administration.
• §5A-7-5 Control over central mailing office.
• §5A-7-6 Central mailing office employees.
• §5A-7-7 Central mailing office responsibilities.
• §5A-7-8 Use of the central mailing office.
• §5A-7-9 Preparation of mail for special rates.
• §5A-7-10 Special fund created; payments into fund; charges for services; disbursements from fund.
• §5A-7-11 Confidential records.

ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT. 

• §5A-8-1 Short title.
• §5A-8-2 Declaration of policy.
• §5A-8-3 Definitions.
• §5A-8-3a Repealed
• §5A-8-4 Categories of records to be preserved.
• §5A-8-5 State records administrator.
• §5A-8-6 Records management and preservation advisory committee.
• §5A-8-7 Duties of administrator.
• §5A-8-8 Rules and regulations.
• §5A-8-9 Duties of agency heads.
• §5A-8-10 Essential state records -- Preservation duplicates.
• §5A-8-11 Essential state records--Safekeeping.
• §5A-8-12 Essential state records -- Maintenance, inspection and use.
• §5A-8-13 Essential state records -- Confidential records.
• §5A-8-14 Essential state records -- Review of program.
• §5A-8-15 Records management and preservation of county records; alternate storage of county records; Records Management and Preservation Board; qualifications and appointment of members; reimbursement of expenses; staffing; rule-making authority; study of records management needs of state agencies; grants to counties.
• §5A-8-15a Continuation of board.
• §5A-8-16 Assistance to legislative and judicial branches.
• §5A-8-17 Disposal of records.
• §5A-8-18 Destruction of nonrecord materials.
• §5A-8-19 Annual report.
• §5A-8-20 Alternate storage of state records.
• §5A-8-21 Limitation on release of certain personal information maintained by state agencies and entities regarding state employees.
• §5A-8-22 Personal information maintained by state entities.

ARTICLE 9. VOLUNTARY GILDING THE DOME CHECK-OFF PROGRAM. 

• §5A-9-1 Legislative intent.
• §5A-9-2 Voluntary check-off designation.
• §5A-9-3 Contributions credited to special fund.
• §5A-9-4 Use of funds.
• §5A-9-5 Effective date.

ARTICLE 10. REAL ESTATE DIVISION. 

• §5A-10-1 Division created; purpose; director.
• §5A-10-2 Leases for space to be made in accordance with article; exceptions.
• §5A-10-3 Powers and duties of Real Estate Division.
• §5A-10-4 Leasing of space by executive director; delegation of authority.
• §5A-10-5 Selection of grounds, etc.; acquisition by contract or lease; long-term leases.
• §5A-10-6 Long-term leases of public lands for wireless communication towers.
• §5A-10-7 Leases and other instruments for space signed by executive director; approval as to form; filing.
• §5A-10-8 Inspection of leased property; requiring approval of executive director for permanent changes.
• §5A-10-9 Real property accounting and records
• §5A-10-10 Real property review.
• §5A-10-11 Rulemaking.

ARTICLE 11. PUBLIC LAND CORPORATION. 

• §5A-11-1 Public Land Corporation.
• §5A-11-2 Corporation boards of directors, members, expenses, appointment, terms, qualifications; director as board chairman; meetings, quorum; executive secretary, secretary to board; professional and support staff; execution of legal documents, permits and licenses.
• §5A-11-3 Public Land Corporation, powers and duties.
• §5A-11-4 Public Land Corporation to conduct sales of public lands by competitive bidding, modified competitive bidding or direct sale.
• §5A-11-5 Public Land Corporation to hold public hearing before sale, lease, exchange or transfer of land or minerals.
• §5A-11-6 Competitive bidding and notice requirements before the development or extraction of minerals on certain lands; related standards.
• §5A-11-7 Effectuation of transfer of Public Land Corporation and transition.
• §5A-11-8 Continuation of the Public Land Corporation.