Bill Text: WV HB205 | 2017 | 2nd Special Session | Enrolled
Bill Title: Relating to the West Virginia Jobs Act
Spectrum: Bipartisan Bill
Status: (Passed) 2017-10-25 - Chapter 3, Acts, 2nd Extraordinary Session, 2017 [HB205 Detail]
Download: West_Virginia-2017-HB205-Enrolled.html
WEST virginia Legislature
2017 SECOND
EXTRAORDINARY SESSION
By
(By Request of the Executive)
[
AN ACT to amend and
reenact §21-1C-2, §21-1C-4, and §21-1C-6 of the Code of West Virginia, 1931, as
amended, all relating generally to the West Virginia Jobs Act; defining terms; requiring Workforce West Virginia to
provide a waiver to an employer if unable to refer certain amount of qualified
job applicants to the employer within three business days; increasing and
adding civil penalties for violations; providing for written notice of
violation to employer for violations; creating a special revenue account; and
other technical corrections.
Be it enacted by the
Legislature of West Virginia:
That §21-1C-2,
§21-1C-4 and §21-1C-6 of the
West Virginia Code, 1931, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 1C. WEST
VIRGINIA JOBS ACT.
§21-1C-2. Definitions.
As used in this article:
(1)
The term “commissioner” means the Commissioner of the West Virginia Division of
Labor, or his or her authorized representatives.
(2)
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
$500,000. The term "construction project" does not include temporary
or emergency repairs;
(3)
The term “domicile” or “primary residence” means an individual’s true, fixed,
principal, and permanent home, to which he or she returns or intends to return,
even though currently residing elsewhere. Presentation of a valid,
government-issued identification card shall be conclusive proof of domicile.
(4)
(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;
(5)
The term "employer" means any person, firm or corporation employing
one or more employees on any public improvement and includes all contractors
and subcontractors;
(6)
The term "local labor market" means every county in West Virginia,
and any county outside of West Virginia if any portion of that county is within
fifty miles of the border of West Virginia;
(7)
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;
(8)
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.
§21-1C-4. Local labor
market utilization on public improvement construction projects; waiver
certificates.
(a) Employers shall hire at
least seventy-five percent of employees for public improvement construction
projects domiciled in the local labor market, to be rounded off, with at least
two employees from outside the local labor market permissible for each
employer per project.
(b) Any employer unable to
employ the minimum number of employees from the local labor market shall inform
the nearest office of Workforce West Virginia of the number of qualified
employees needed and provide a job description of the positions to be filled.
(c) If, within three
business days following the placing of a job order, Workforce West Virginia is
unable to refer any qualified job applicants to the employer or refers less
qualified job applicants than the number requested, then Workforce West
Virginia shall issue a waiver to the employer stating the unavailability of
applicants and shall permit the employer to fill any positions covered by the
waiver from outside the local labor market. The waiver shall be in writing and
shall be issued within the prescribed three days. A waiver certificate shall be
sent to both the employer for its permanent project records and to the public
authority.
§21-1C-6. Penalties for
violation of article, notice of violations; administrative remedies.
(a)
If, after inspection or investigation, the commissioner determines that an
employer has violated any provision of this article, the commissioner shall
provide a written notice of violation to the employer and the public authority,
setting forth the number of violations, a description of every violation and
the amount of the penalty that will be imposed if the employer continues to
violate any provision of this article after receipt of the notice of violation,
and shall direct the public authority to withhold final payment to the employer
until the employer has paid the penalty or the matter has been otherwise
resolved.
(b) Any employer who violates any provision of
this article is subject to a civil penalty of $250 per each employee less than
the required threshold of seventy-five percent per day of violation after
receipt of a notice of violation issued by the commissioner. This civil penalty terminates upon compliance
or upon issuance of a waiver by Workforce West Virginia.
(c) Any employer that
continues to violate any provision of this article more than fourteen calendar
days after receipt of a notice of violation is subject to a civil penalty of
$500 per each employee less than the required threshold of seventy-five percent
per day of violation. This civil penalty
terminates upon compliance or upon issuance of a waiver by Workforce West
Virginia.
(d) All civil penalties
paid pursuant to this section shall be paid to the commissioner and deposited
in an appropriated special revenue account hereby created in the State Treasury
to be known as the “West Virginia Jobs Act Fund” and expended for the
implementation and enforcement of this article.
