COMMITTEE SUBSTITUTE FOR
H. B. 2809
(By Delegates Hatfield, Perdue, Tucker,
Caputo, Boggs and Duke)
[Originating in the Committee on Government Organization]
[March 28, 2005]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-1D-1, §21-1D-2
and §21-1D-3, all relating to requiring employers to provide
health insurance to employees working on public improvement
Be it enacted by the Legislature of West Virginia
That the Code of West Virginia, 1931, as amended, be amended
by adding there to a new article, designated §21-1D-1, §21-1D-2 and
§21-1D-3, all to read as follows:
CHAPTER 21. LABOR.
ARTICLE 1D. HEALTH INSURANCE FOR EMPLOYEES.
As used in this article:
(a) "Construction" means any construction, reconstruction,
improvement, enlargement, painting, decorating, or repair of any public improvement let to contract, but does not include temporary
or emergency repairs.
(b) "Construction industry" means that industry which is
composed of employees and employers engaged in construction of
buildings, roads, highways, bridges, streets, alleys, sewers,
ditches, sewage disposal plants, waterworks, airports, and all
other structures or works whether private or public on which
construction work as defined in subsection (a) of this section is
(c) "Employee" means any person hired or permitted to perform
hourly work for wages by a person, firm or corporation in the
construction industry, but does not include individuals engaged in
making temporary or emergency repairs, independent contractors or
salaried supervisory personnel necessary to assure efficient
execution of the employee's work.
(d) "Employer" means any person, firm or corporation employing
one or more employees on any public improvement and includes all
contractors and subcontractors.
(e) "Health insurance" means any of the following plans or
policies providing basic and major medical coverage:
(1) "Group health plan" or "health benefit plan" as defined in
section one-a, article sixteen, chapter thirty-three of this code;
(2) A policy provided by a carrier licensed under chapter
thirty-three of this code providing "Accident and sickness insurance" as defined in section two-a, article fifteen, chapter
thirty-three of this code;
(3) A health benefit plan offered by a "Health Maintenance
Organization" or "HMO", as defined in section two, article twenty-
five-a, chapter thirty-three of this code; or
(4) A health benefit plan offered by one or more employers,
including a self-insured plan, created pursuant to the Employee
Retirement Income Security Act, as amended, or a multi-employer
plan, created pursuant to the Labor Management Relations Act of
(f) "Public authority" means any officer, board or commission
or other agency or political subdivision of the state of West
Virginia authorized by law to enter into a contract for the
construction of a public improvement, including any institution
supported in whole or in part by public funds of the state of West
Virginia or its political subdivisions.
(g) "Public improvement" means all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants,
waterworks, airports, and all other structures upon which
construction may be let to contract by the state of West Virginia
or any political subdivision, and includes projects for which
expenditures are made in whole or in part from public funds.
§21-1D-2. Policy declared.
It is hereby declared to be the policy of the state of West
Virginia that workers on public improvement projects should be
provided health care insurance as a benefit of employment.
§21-1D-3. Insurance Requirements.
On and after the first day of July, two thousand five, no
person, firm or corporation engaged in the construction industry
may enter into a contract with a public authority for the
construction of a public improvement project of an aggregate value
of five hundred thousand dollars or more including labor and
materials, without establishing in writing to the public
authority's satisfaction that at least seventy-five percent of the
employees working on the project are covered by a policy of health