§ 6D-1-1 — Definitions

West Virginia § 6D-1-1

• Jurisdiction: West Virginia
• Ch. 6D: PUBLIC CONTRACTS
• Art. 1: DISCLOSURE OF INTERESTED PARTIES

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For purposes of this article:

(a) “Applicable contract” means a contract of a state agency that has an actual or estimated value of at least $1 million: Provided, That this shall include a series of related contracts or orders in which the cumulative total exceeds $1 million.

(b) “Business entity” means any entity recognized by law through which business is conducted, including, but not limited to, a sole proprietorship, partnership, limited liability company, or corporation. For purposes of this article, “business entity” does not include publicly traded companies listed on a national or international stock exchange.

(c) “Disclosure” shall mean a form prescribed and approved by the Ethics Commission pursuant to §6D-1-3 of this code.

(d) “Interested party” or “interested parties” means: (1) A business entity performing work or service pursuant to, or in furtherance of, the applicable contract, including sub-contractors; (2) any person who has an ownership interest equal to or greater than 25 percent in the business entity performing work or service pursuant to, or in furtherance of, the applicable contract; and (3) the person or business entity, if any, that served as a compensated broker or intermediary to actively facilitate the applicable contract or negotiated the terms of the applicable contract with the state agency: Provided, That §6D-1-1(d)(3) of this code shall not include persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.

(e) “State agency” means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government, including publicly funded institutions of higher education: Provided, That for purposes of this article, the West Virginia Investment Management Board shall not be deemed a state agency nor subject to the requirements of this article.

Legislative History

2018 Reg. Sess., SB283; 2017 Reg. Sess., HB2001