WEST virginia legislature

2020 regular session

House Bill 4086

By Delegates Foster, Phillips, Bibby, Steele, Waxman, Cadle, Porterfield and Jennings

[Introduced January 10, 2020; Referred to the Committee on Industry and Labor then Government Organization]

A BILL to amend and reenact §21-1C-5 of the Code of West Virginia, 1931, as amended, relating to removing certain requirements related to wages for construction of public improvements.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

§21-1C-5. Applicability and scope of article; reporting requirements.

(a) This article applies to expenditures for construction projects by any public authority for public improvements as defined by this article.

(b) For public improvement projects let pursuant to this article, the public authority shall file, or require an employer as defined in §21-1C-2 of this code to file, with the Division of Labor copies of the waiver certificates and certified payrolls. pursuant to article five-a of this chapter, or other comparable documents certified by the employer that include the number of employees, the county and state wherein the employees reside and their occupation, and the physical address of the primary residence for each employee.

(c) The Division of Labor shall compile the information required by this section and submit it annually to the Joint Committee on Government and Finance by October 15.  The joint committee may forward these reports to the Legislative Auditor to review and make comments regarding the usefulness of the information collected and to suggest changes to the division's method of reporting to ensure the information collected will prove useful in evaluating the effectiveness of the provisions of this article.

(d) Each public authority has the duty to implement the reporting requirements of this article. Every public improvement contract or subcontract let by a public authority shall contain provisions conforming to the requirements of this article.

(e) The Division of Labor is authorized to establish procedures for the efficient collection of data, collection of civil penalties prescribed in §21-1C-6 of this code and transmittal of data to the Joint Committee on Government and Finance.

 

 

NOTE: The purpose of this bill is to remove certain requirements relating to wages for construction of public improvements.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.