{"Emergency management or response personnel":"All persons acting under color of authority of state law engaged in rescue efforts, emergency or disaster relief recovery or coordination of emergency services, and are identified as such by a Board of Public Works member"}
Emergency Law Inventory | Full Law Text

Law Number

W. Va. CSR 155-7-3

Summary Title

Liability: Misuse of State Purchasing Card

Summary

When an emergency declaration is in effect, the West Virginia Board of Public Works can authorize the use of a State Purchasing Card for emergency management or response personnel. Emergency management or response personnel can use this card to pay for certain transactions while the emergency declaration remains in effect and must keep a detailed statement of transactions. An individual using the card after the termination of the emergency declaration or using the card improperly can be held legally responsible.

Full Title

Applicability

Full Text

3.1. This legislative rule applies to all spending units of State government except those statutorily exempted. Exempted spending units may elect to follow the provisions of this rule. 3.2. In the event of a public necessity, rescue, relief, disaster, or state or federally declared emergency, a member of the Board of Public Works or his or her designee may authorize the use of the Pcard by emergency management or response personnel. Emergency management and response personnel may use the Pcard for all transactions permitted by this rule: Provided, That the Board of Public Works member or his or her designee shall provide to the Director of Operations a list containing the names of persons designated as emergency management and response personnel, and any other information required for the use of a state Pcard. An emergency terminates thirty (30) days from the date of occurrence unless previously extended or terminated in writing by the initiating member: Provided, however, That emergency use of the Pcard is permitted only during the emergency, public necessity, rescue relief or disaster, to which the emergency management or response personnel are responding, and that upon termination of the emergency, public necessity, rescue relief or disaster by the initiating member, or the passage by the legislature of a concurrent resolution terminating the emergency, public necessity, rescue relief or disaster, the privilege of use terminates: Provided, further, That emergency management and response personnel have an additional thirty (30) days after the termination of the emergency to pay invoices for goods and services rendered during the declared emergency. 3.3. In the event of an emergency affecting an institution of Higher Education, declared by the president of the institution and approved by the chancellor, the president or his or her designee may authorize the use of emergency Pcards by designated representatives: Provided, That the president or his or her designee shall provide to the Director of Operations a list containing the names of designated emergency purchasers, and any other information required for the use of a state Pcard. An emergency terminates thirty (30) days from the date of proclamation, unless previously extended or terminated by written proclamation signed by the president and approved by the chancellor: Provided, however, That emergency use of the Pcard is permitted only to pay for goods and services rendered during the emergency: Provided, further, That the institution shall have an additional thirty (30) days after the termination of the emergency to pay for goods and services rendered during the emergency.