ENROLLED

Senate Bill No. 535

(By Senators Wooton, Ball, Bowman, Hunter, Schoonover and White)

____________

[Passed April 12, 1997; in effect from passage.]

____________


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.