ENROLLED
Senate Bill No. 535
(By Senators Wooton, Ball, Bowman, Hunter, Schoonover and White)
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[Passed April 12, 1997; in effect from passage.]
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AN ACT 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-b, relating to
estimating the number of West Virginia residents in
applications and reporting of certain information for
construction projects which are financed, in whole or in part,
by public funds or at public expense; specifying report forms;
and specifying effective and termination dates.
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-b, to read as
follows:
ARTICLE 1B. REPORTING OF EMPLOYMENT.
§21-1B-1. Findings; policy.
The Legislature finds that the purpose of economic development
efforts is to improve the lives of West Virginians, and whereas, taxpayers spend a significant amount of money on economic
development projects to create jobs, and state, county and
municipal governments want to maximize employment of local citizens
whenever contracting for public improvements a tracking mechanism
is needed to evaluate existing economic development efforts
regarding job creation to better assist the design of training
programs to meet the skills employers need.
§21-1B-2. Application of article.
This article applies to:
(a) Expenditures made after the first day of January, one
thousand nine hundred ninety-eight, by any public authority made,
in whole or in part, from public funds for a public improvement
project; and
(b) Any private capital project funded, in whole or in part,
after the first day of January, one thousand nine hundred ninety- eight, by the issuance of tax incentives, tax credits, or bonds or
loans or other tax funded benefits granted by the state or any of
its political subdivisions any economic development board or agency
to induce or encourage the undertaking of any such construction
project by any private person, corporation or any other entity.
§21-1B-3. Compiling of information.
(a) Application for financial incentives from economic
development authorities, or other public authorities, which will be
used, in whole or in part, for the construction of public or capital improvement projects, shall include a statement estimating
the number and duration of each construction job which will go to
West Virginia residents.
(b) Upon completion of any such project wherein the contract
for the project was awarded after the first day of January, one
thousand nine hundred ninety-eight, the applicant shall complete a
report consisting of the number of individuals employed to
construct such project, the county and state where they reside, and
the total hours worked by each employee on such project and shall
submit such report to the state tax department within thirty days
of the completion of the project: Provided, That filing of a
bureau of labor statistics report on employment, payroll and hours
- intrastate construction, form bls 790b rev Jan 93, O.M.B. form
approval no. 1220-0011, meets all requirements of this section when
filed in accordance with this article: Provided, however, That the
filing of a single annual report setting forth in the aggregate all
contracts in this state to which this article applies and which
sets forth the total number of individuals employed to construct
such projects and the county and state where they reside shall be
sufficient to fully meet the filing requirements of this article.
§21-1B-4. Effective date; termination provisions.
The provisions of this article shall be effective for projects
bid, contracted or entered into after the first day of January, one
thousand nine hundred ninety-eight, and the provisions of this article shall expire and become void at midnight, the thirty-first
day of December, two thousand one.