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Committee Substitute House Bill 4585 History

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COMMITTEE SUBSTITUTE

for

H. B. 4585

(By Delegate Armstead)

 

(Originating in the Committee on the Judiciary)

 

[February 24, 2012]

 

A BILL to amend and reenact §21-5A-3 and §21-5A-6 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements by volunteer fire departments.

Be it enacted by the Legislature of West Virginia:

    That §21-5A-3 and §21-5A-6 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-3. Fair minimum rate of wages; determination; filing; schedule of wages part of specifications.

    (a) 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 made a part of the specifications for the construction and shall be 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 or her 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 1, 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, 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.

    (b) The provisions of subsection (a) are inapplicable to a volunteer fire department that contracts for the construction of a volunteer fire department facility.

§21-5A-6. Contracts to contain provisions relative to minimum wages to be paid.

    (a) In all cases where any public authority has ascertained a fair minimum rate or rates of wages as herein provided, and construction of a public improvement is let to contract, the contract executed between the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his or her subcontractors to pay a rate or rates of wages which shall not be less than the fair minimum rate or rates of wages as provided by this article.

    (b) The provisions of subsection (a) are inapplicable to a volunteer fire department that contracts for the construction of a volunteer fire department facility.

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