ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 364
(Senators Hunter, Tomblin, Mr. President, White, Bailey,
Plymale, McCabe, Helmick, Dempsey, Bowman,
Sharpe, Kessler, Foster, Harrison, Unger and Prezioso, original
sponsors)
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[Passed March 8, 2006; in effect from passage.]
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AN ACT to repeal §21-1C-7 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §21-1C-5 of said code,
relating to continuing the West Virginia Jobs Act; and
requiring annual reports by the Division of Labor.
Be it enacted by the Legislature of West Virginia:
That §21-1C-7 of the Code of West Virginia, 1931, as amended,
be repealed; and that §21-1C-5 of said code be amended and
reenacted to read as follows:
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 section two of this article 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 the fifteenth day of
October. 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 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 establish
procedures for the efficient collection of data, collection of
civil penalties prescribed in section six of this article and
transmittal of data to the Joint Committee on Government and
Finance.