WEST virginia legislature
2021 regular session
Introduced
House Bill 2294
By Delegate Foster
[Introduced February 11, 2021; Referred
to the Committee on Workforce Development then the Judiciary]
A BILL to amend and reenact §21-1C-5 of the Code of West Virginia, 1931, as amended, relating to filing reports with the Division of Labor and removing the requirement for contactors to file payroll information on public improvement construction projects.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1C. WEST VIRGINIA JOBS ACT.
§21-1C-5. Applicability and scope of article; reporting requirements.
(a) This article applies to expenditures for construction projects by any public authority for public improvements as defined by this article.
(b) For public improvement
projects let pursuant to this article, the public authority shall file, or
require an employer as defined in §21-1C-2 of this code to file, with the
Division of Labor copies of the waiver certificates and certified payrolls,
pursuant to article five-a of this chapter, or other comparable documents
that include the number of employees, the county and state wherein the
employees reside, and their occupation.
(c) The Division of Labor shall compile the information required by this section and submit it annually to the Joint Committee on Government and Finance by October 15. The joint committee may forward these reports to the Legislative Auditor to review and make comments regarding the usefulness of the information collected and to suggest changes to the division's method of reporting to ensure the information collected will prove useful in evaluating the effectiveness of the provisions of this article.
(d) Each public authority has
the duty to shall implement the reporting requirements of this
article. Every public improvement contract or subcontract let by a public
authority shall contain provisions conforming to the requirements of this
article.
(e) The Division of Labor is
authorized to may establish procedures for the efficient collection
of data, collection of civil penalties prescribed in §21-1C-6 of this code, and
transmittal of data to the Joint Committee on Government and Finance.
NOTE: The purpose of this bill is to eliminate the requirement for contractors to submit certified payrolls or other payroll information to the Division of Labor for public improvement construction projects.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.