Senate Bill No. 618
(By Senators Ross and Ball)
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[Introduced February 21, 2000; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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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.
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(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.)
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FINANCE COMMITTEE AMENDMENTS
On page two, section three, line two, by striking out the word
"thereof" and inserting in lieu thereof the words "of a public
improvement";
On page two, section three, line six, by striking out the word
"such" and inserting in lieu thereof the word "the";
On page two, section three, line thirteen, by striking out the
words "shall be" and inserting in lieu thereof the word "is";
On page two, section three, line seventeen, by striking out
the word "department" and inserting in lieu thereof the word
"division";
On page two, section three, line seventeen, after the word
"him" by inserting the words "or her";
On page two, section three, lines nineteen and twenty, by
striking out the words "on January one of each year" and inserting in lieu thereof the words "annually on the first day of January";
On page three, section three, line one, by striking out the
word "such" and inserting in lieu thereof the word "the";
And,
On page three, section three, line three, by striking out the
word "such" and inserting in lieu thereof the word "the".