H. B. 2196
(By Delegates Perdue, Varner, Martin,
Leach, Fleischauer and Walters)
[Introduced January 14, 2003; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.]
A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-two-b,
relating to the establishment of levels of apprenticeship
employment on public construction projects; setting forth
legislative findings, purpose and definitions; defining
coverage of the provisions of the article; providing that
primary responsibility for compliance with the provisions of
the article lay with prime contractors; providing exceptions
to the required compliance with the article's provisions;
providing for enforcement; requiring the division of labor to
propose legislative rules; and, requiring the division of
labor to make annual reports to the Legislature.
Be it enacted by the Legislature of West Virginia:
That chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-two-b, to read as follows:
ARTICLE 22B. PARTICIPATION OF APPRENTICES ON PUBLIC CONSTRUCTION
PROJECTS.
§5-22B-1. Legislative findings, purpose and definitions.
(a) Legislative findings. -- The Legislature finds that the
training of a highly skilled workforce is essential for West
Virginia's enhanced economic growth. The Legislature declares that
the training of construction workers through the use of federally
approved apprenticeship programs is a proven, effective training
model in the construction industry in West Virginia and other
states. It is the policy of this state that the responsibility of
the next generation of skilled workers rests with both the public
and private sectors and that the use of workers enrolled in
federally approved apprenticeship programs on all public
construction projects will help to provide West Virginia with a
highly skilled workforce for the present and the future.
(b) Purpose. -- The purpose of this article is to establish
minimum standards for the use of workers enrolled in federally
approved apprenticeship programs on public construction projects.
(c) Definitions. -- As used in this article the following
terms have the following meanings:
(1) "Federally approved apprenticeship programs" means
apprenticeship programs approved by the United States Department of
Labor pursuant to §29 USC 50 et seq.
(2) "Construction" or "public construction" means any
construction, reconstruction, improvement, enlargement, painting,
decorating, or repair of any public improvement.
(3) "Prime contractor" means the entity that was awarded a
contract covered by this article.
(4) "Public improvement" means all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants,
waterworks projects, airports and all other structures upon which
construction by or on behalf of the state and its subdivisions may
be undertaken.
(5) "The state and its subdivisions" means the state of West
Virginia, every political subdivision thereof, every administrative
entity that includes such a subdivision, and all municipalities and
all county boards of education.
§5-22B-2. Public construction and repair contracts.
(a) Coverage. -- This article applies to all construction by
or on behalf of the state and its subdivisions, except as provided
in this section, and its provisions shall govern the utilization of
workers enrolled in approved apprenticeship programs as follows:
(1) For all public construction contracts of five hundred
thousand dollars or greater in total cost, awarded from the first
day of July, two thousand two, through the thirtieth day of June,
two thousand three, no less than ten percent of all labor hours
used to complete the project shall be performed by workers in approved apprenticeship programs;
(2) For all public construction contracts of five hundred
thousand dollars or greater in total cost, awarded from the first
day of July, two thousand three, through the thirtieth day of June,
two thousand four, no less than fifteen percent of all labor hours
used to complete the project shall be performed by workers in
approved apprenticeship programs;
(b) Contracts. -- The state or its subdivisions, by or on
behalf of the construction undertaken pursuant to this article,
shall cause to be inserted in the contract stipulations to
effectuate this article, a stipulation that fixes the
responsibility for compliance with this article with the prime
contractor.
(c) Exceptions. -- The provisions of this article do not apply
if the state or its subdivisions demonstrate to the division of
labor that the assignment of an apprentice or apprentices to work
in the construction project may endanger the safety and health of
the apprentice or other employees working on the project.
§5-22B-3. Enforcement; reports and statistics, division of labor.
(a) Enforcement. -- The division of labor shall enforce the
provisions of this article and shall propose legislative rules in
accordance with article three, chapter twenty-nine-a of this code
intended to require compliance with the provisions of this article.
The division of labor shall, additionally, have authority to issue civil penalties for violations in an amount of one hundred dollars
per day as long as a violation continues. The state or its
subdivisions shall ensure that prime contractors subject to the
provisions of this article comply with all its provisions.
(b) Reports and statistics. -- The division of labor shall
report to the Legislature on an annual basis on the implementation
of this section. The report shall include information on the
number of projects covered by this section, the number of
apprentices employed, and the hours worked by apprentices. To the
extent possible, the report shall include information concerning
the gender, ethnicity, trade and craft of the apprentices and
journey-level workers employed on the projects covered by this
article.
NOTE: The purpose of this bill is to establish minimum
standards for the use of workers enrolled in federally approved
apprenticeship programs on public construction projects.
This article is new; therefore, strike-throughs and
underscoring have been omitted.