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Introduced Version House Bill 2092 History

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H. B. 2092

 

         (By Delegate Cowles)

         [Introduced January 11, 2012

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; referred to the

Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.]

 

 

A BILL to amend and reenact §21-5A-1 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements, changing the definition of “construction” to only include projects that have a total cost of more than $200,000.

Be it enacted by the Legislature of West Virginia:

    That §21-5A-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

§21-5A-1. Definitions.

    (1) The term "public authority," as used in this article, shall mean any officer, board or commission or other agency of the State of West Virginia, or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported in whole or in part by public funds of the State of West Virginia or its political subdivisions, and this article shall apply to expenditures of such institutions made in whole or in part from such public funds.

    (2) The term "construction," as used in this article, shall mean any construction, reconstruction, improvement, enlargement, painting, decorating, or repair of any public improvement let to contract where the total costs are more than $200,000. The term "construction" shall not be construed to include temporary or emergency repairs.

    (3) The term "locality" means the county where the construction is to be performed, except that if there is not available in the county a sufficient number of competent skilled laborers, workmen and mechanics to perform such construction efficiently and properly, and may include one or more counties in this state adjacent to the one in which the construction is to be performed and from which such skilled laborers, workmen and mechanics may be obtained in sufficient numbers to perform the construction. With respect to construction of public improvements with the state road commission Division of Highways, "locality" may be construed to include one or more counties in this state adjacent to the one in which the construction or public improvement is to be performed and from which skilled laborers, workmen and mechanics may be accessible for work on such construction on public improvements.

    (4) The term "public improvement," as used in this article, shall include all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports, and all other structures upon which construction may be let to contract by the State of West Virginia or any political subdivision thereof.

    (5) The term "construction industry," as used in this article, shall mean that industry which is composed of employees and employers engaged in construction of buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports, and all other structures or works whether private or public on which construction work as defined in subsection (2) of this section is performed.

    (6) The term "board" shall mean the minimum wage board as constituted in this article.

    (7) The term "employee," for the purposes of this article, shall not be construed to include such persons as are employed or hired by the public authority on a regular or temporary basis or engaged in making temporary or emergency repairs.


    NOTE: The purpose of this bill is to change the definition of “construction” to only include projects whose total costs are more than $200,000 in the prevailing wage law.


    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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