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Introduced Version House Bill 4359 History

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hb4359 intr
H. B. 4359


(By Delegates D. Poling, Klempa, Ferro,

Longstreth, D. Walker, Varner, Morgan, Caputo


[Introduced February 5, 2010 ; referred to the

Committee on Government Organization then the Judiciary.]



A BILL to amend and reenact §21-1C-2 of the Code of West Virginia, 1931, as amended, relating to requiring local labor for public construction projects by reducing the dollar amount of the applicable construction project to $250,000 and reducing the amount of miles for the local labor market to fifty miles.

Be it enacted by the Legislature of West Virginia:

That §21-1C-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

§21-1C-2. Definitions.

As used in this article:

(1) The term "construction project" means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract in an amount equal to or greater than one million dollars $250,000. The term "construction project" does not include temporary or emergency
repairs;
(2) (A) The term "employee" means any person hired or permitted to perform hourly work for wages by a person, firm or corporation in the construction industry;

(B) The term "employee" does not include:

(i) Bona fide employees of a public authority or individuals engaged in making temporary or emergency repairs;

(ii) Bona fide independent contractors; or

(iii) Salaried supervisory personnel necessary to assure efficient execution of the employee's work;

(3) The term "employer" means any person, firm or corporation employing one or more employees on any public improvement and includes all contractors and subcontractors;

(4) The term "local labor market" means every county in West Virginia and all counties bordering West Virginia that fall within seventy-five fifty miles of the border of West Virginia;

(5) The term "public authority" means any officer, board, commission or agency of the State of West Virginia and its subdivisions, including counties and municipalities. Further, the economic grant committee, economic development authority, infrastructure and jobs development council and School Building Authority shall be required to comply with the provisions of this article for loans, grants or bonds provided for public improvement construction projects;

(6) The term "public improvement" includes the construction of
all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures that may be let to contract by a public authority, excluding improvements funded, in whole or in part, by federal funds.


NOTE: The purpose of this bill is to require local labor for public construction projects by reducing the dollar amount of the applicable construction project to $250,000 and reducing the amount of miles for the local labor market to fifty miles.

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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