H. B. 2269
(By Delegates Linch, Fragale, S Cook,
Collins and Stewart)
[Introduced February 24, 1993; referred to the
Committee on Industry and Labor then the Judiciary.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-c, relating to
creating the "Labor Market Residents Act of 1993"; providing
definitions; legislative policy; hiring of employees;
contracts; criminal penalties; and existing contracts.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-c, to read
as follows:
ARTICLE 1C. EMPLOYMENT OF RESIDENTS OF LABOR MARKET.
§21-1C-1. Short title.
This article may be cited as the "Labor Market Residents Act
of 1993."
§21-1C-2. Definitions.
As used in this article:
(a) The term "construction," 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 twenty-five thousand dollars. The term
"construction" does not include temporary or emergency repairs.
(b) The term "employee," includes any person engaged or
permitted to perform hourly work for wages by a person, firm or
corporation in the construction industry. The term "employee"
does not include: (a) Bona fide employees of a public authority
or individuals engaged in making temporary or emergency repairs,
(b) bona fide independent contractors, or (c) salaried
supervisory personnel necessary to assure efficient execution of
the employer's work.
(c) The term "employer," means any person, firm or
corporation employing one or more employees on any public
improvement.
(d) The term "labor market," includes all counties in
metropolitan statistical areas, including those from other
states, as maintained and revised from time to time by the United
States bureau of census. For counties which do not fall within a
metropolitan statistical area, the term "labor market" includes
all counties within a labor market area, as maintained and
revised from time to time by the West Virginia bureau of
employment programs. For border counties which are not part of
a metropolitan statistical area or a labor market area, the term
"labor market" includes the county in question and any additionalcounties contiguous thereto in adjacent states.
(e) The term "public authority," means any officer, board or
commission or other agency of the state of West Virginia, or any
political subdivision thereof, 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, and
this article shall apply to expenditures of such institutions
made, in whole or in part, from such public funds.
(f) The term "public improvement," includes all buildings,
roads, highways, bridges, streets, alleys, sewers, ditches,
sewage disposal plants, waterworks, airports and all other
structures or works on which construction may be let to contract
by any public authority.
§21-1C-3. Policy.
The Legislature hereby finds that unemployment is a chronic
and serious problem in this state; that unemployment adversely
impacts the health, morals and welfare of the populace, and the
state's tax base and tax revenues; and that all necessary and
lawful measures must be employed to guard against the menace to
the state resulting from unemployment. It hereby is declared to
be the policy of the state of West Virginia that residents of
local labor markets as defined herein should be employed in the
construction of all public improvements.
§21-1C-4. Hiring of employees; contracts to contain certain
provisions.
(a) On all public improvements, a minimum of ninety percent
of every employer's employees shall be individuals who have
resided in the relevant labor market for at least six months
preceding their application for employment:
Provided,
That
nonresidents of the relevant labor market may be employed on
public improvements when labor market residents are not available
or are not qualified to perform the work involved.
(b) Any employer not otherwise able to employ a minimum of
ninety percent labor market residents as employees on a public
improvement must inform the nearest office of the West Virginia
division of employment security of his employment needs. If
within one week following the placing of a job order, the
division is unable to refer any qualified job applicants to the
contractor, or less than the number requested, the division will
award a certificate to the contractor indicating the
unavailability of applicants. Such certificate shall be made a
part of the contractor's permanent project records. Upon receipt
of such certificate, the contractor may employ nonresidents of
the labor market to fill any positions covered by the
certificate.
(c) Every public improvement contract let shall contain a
provision conforming to the requirements of this article. Every
subcontract for a public improvement which is, or reasonably may
be, done as on-site work shall contain a provision conforming to
the requirements of this article.
§21-1C-5. Penalties for violation of article.
(a) Any employer who violates any provision of this article
is guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than two hundred fifty nor more than one
thousand dollars.
(b) Any potential employee who applied for work and, but for
a violation of this article, would have been employed on a public
improvement, may recover from such employer those wages and
benefits which he would have received had he been hired in
accordance with this article as well as reasonable attorney's
fees and expenses. Any employer who engages in a knowing and
willful violation of this article shall also be liable, as a
penalty, for an additional amount equal to the individual's lost
wages and benefits.
§21-1C-6. Existing contracts.
This article shall apply only to contracts let after the
effective date of this article.
NOTE: The purpose of this bill is to require the hiring of
West Virginia residents in the construction of public
improvements.
This article is new; therefore, strike-throughs and
underscoring have been omitted.