sb17 sub1 eng
Senate Bill No. 17
(By Senator Bowman)
[Originating in the Committee on Government Organization;
reported February 18, 2005.]
Be it enacted by the Legislature of West Virginia:
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §12-4-17, relating to
establishing requirements for receipt of public money by
business entities; and penalties.
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §12-4-17, to read as
ARTICLE 4. ACCOUNTS, REPORTS AND GENERAL PROVISIONS.
§12-4-17. Restrictions on appropriation of public money.
(a) For purposes of this section:
(1) "Bonuses and/or pay raises" means a monetary award,
excluding stock options, and any other thing of value.
(2) "Business entity" means a company, corporation,
partnership, association, firm, sole proprietorship, person or other entity engaged in business that employs more than one hundred
people, but does not include the state or political subdivisions.
(3) "Economic conditions" means any factor materially
affecting financial considerations.
(4) "Executive management" means those individuals that hold
a position of general manager or its equivalent and those positions
above or higher on a business entity's organizational chart.
(5) "Lay-off or laid off" means an interval of enforced
unemployment due to economic conditions that is imposed on a
business entity's permanent full-time employees.
(6) "Political subdivision" means any county, city or town in
the state and any separate corporation or instrumentality
established or supported by the state or a county, city or town in
(7) "Public moneys" means an appropriation, excluding grants,
by a political subdivision, the state, the Legislature or Governor,
reduction of taxes and any other request for public financial
assistance to operate a business entity but does not include
payment to a business entity that is a vendor of the state or a
(8) "Reduction of taxes" means the lowering of a business
entity's taxes by the state or a political subdivision, which
lowering was based on the economic conditions of the business
(9) "State" means the State of West Virginia.
(b) Prior to a business entity receiving public money, the
business entity must attest and agree in writing to the state or a
political subdivision, as applicable, that:
(1) In the six months prior to receiving public money, the
business entity has not awarded bonuses and/or pay raises to
executive management personnel while it had permanent employees on
lay-off status due to economic conditions; and
(2) For one year after receiving public money, the business
entity will not award bonuses and/or pay raises to executive
management personnel while there are permanent employees on lay-off
status due to economic conditions.
(c) After it has been established that a business entity is
not in violation of subsection (b) of this section, the state or a
political subdivision may appropriate public money to the business
(d) A business entity that has received public money and
subsequently violates the provision of subsection (b) of this
section must repay the public money plus ten percent interest from
the date of receipt of the public money. The public money must be
paid back to the state or the political subdivision, as applicable,
within sixty days of the business entity being notified of the