Senate Bill No. 675
(By Senators Kessler, Wells and Stollings)
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[Introduced February 22, 2010; referred to the Committee on
Labor; and then to the Committee on Finance.]
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A BILL to amend and reenact §21-1C-2 of the Code of West Virginia,
1931, as amended, relating to requiring local labor for public
construction projects by reducing the dollar amount of the
applicable construction project to $500,000 and reducing the
amount of miles for the local labor market to fifty miles.
Be it enacted by the Legislature of West Virginia:
That §21-1C-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1C. WEST VIRGINIA JOBS ACT.
§21-1C-2. Definitions.
As used in this article:
(1) The term "construction project" means any construction,
reconstruction, improvement, enlargement, painting, decorating or
repair of any public improvement let to contract in an amount equal
to or greater than
one million dollars $500,000. The term "construction project" does not include temporary or emergency
repairs;
(2) (A) The term "employee" means any person hired or
permitted to perform hourly work for wages by a person, firm or
corporation in the construction industry;
(B) The term "employee" does not include:
(i) Bona fide employees of a public authority or individuals
engaged in making temporary or emergency repairs;
(ii) Bona fide independent contractors; or
(iii) Salaried supervisory personnel necessary to assure
efficient execution of the employee's work.
(3) The term "employer" means any person, firm or corporation
employing one or more employees on any public improvement and
includes all contractors and subcontractors;
(4) The term "local labor market" means every county in West
Virginia and all counties bordering West Virginia that fall within
seventy-five fifty miles of the border of West Virginia;
(5) The term "public authority" means any officer, board,
commission or agency of the State of West Virginia and its
subdivisions, including counties and municipalities. Further, the
economic grant committee, economic development authority,
infrastructure and jobs development council and School Building
Authority shall be required to comply with the provisions of this
article for loans, grants or bonds provided for public improvement
construction projects;
(6) The term "public improvement" includes the construction of
all buildings, roads, highways, bridges, streets, alleys, sewers,
ditches, sewage disposal plants, waterworks, airports and all other
structures that may be let to contract by a public authority,
excluding improvements funded, in whole or in part, by federal
funds.
NOTE: The purpose of this bill is to require local labor for
public construction projects by reducing the dollar amount of the
applicable construction project to $500,000 and reducing the amount
of miles for the local labor market to fifty miles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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