H. B. 4642
(By Delegates Warner, Mezzatesta and Pettit)
[Introduced February 23, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section three, article five-a,
chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the attachment of wage rates to construction contracts.
Be it enacted by the Legislature of West Virginia:
That section three, article five-a, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.
§21-5A-3. Fair minimum rate of wages; determination; filing;
schedule of wages part of specifications.
Any public authority authorized to let to contract the
construction of a public improvement, shall, before advertising
for bids for the construction thereof, ascertain from the state
commissioner of labor, the fair minimum rate of wages, including fair minimum overtime and holiday pay, to be paid by the
successful bidder to the laborers, workmen or mechanics in the
various branches or classes of the construction to be performed;
and such schedule of wages shall be attached to and made a part
of the specifications for the construction and shall be printed
on published in an electronic or other medium and incorporated in
the bidding blanks by reference when approved by the commissioner
of labor where the construction is to be performed by contract.
The "fair minimum rate of wages," for the intents and purposes of
this article, shall be the rate of wages paid in the locality in
this state as hereinbefore defined to the majority of workmen,
laborers or mechanics in the same trade or occupation in the
construction industry. The commissioner of labor or a member of
his or her department designated by him shall assemble the data
as to fair minimum wage rates and shall file wage rates. Rates
shall be established and filed as hereinafter provided on January
one of each year. These rates shall prevail as the minimum wage
rate on all public improvements on which bids are asked during
the year beginning with the date when such new rates are filed
and until the new rates are filed, the rates for the preceding
year shall remain in effect: Provided, however, That such rates
shall not remain in effect for a period longer than fifteen
months from the date they are published, but, this provision
shall not affect construction of a public improvement then underway.
NOTE: The purpose of this bill is to require the wage rates
to be noted in a contract proposal rather than attached to the
construction contracts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.