Senate Bill No. 160
(By Senators Bowman)
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[Introduced January 18, 1999;
referred to the Committee on Energy, Industry and Mining;
and then to the Committee on Finance.]
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A BILL to amend chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
the domestic steel act; requiring the use of domestically
produced steel products in construction projects supported
wholly or in part by the state; exceptions; and penalties
for violation.
Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-a, to read
as follows:
ARTICLE 2A. DOMESTIC STEEL ACT.
§5B-2A-1. Definitions.
As used in this section:
(1) "Steel products" means products rolled, formed, shaped,
drawn, extended, forged, cast, fabricated or otherwise similarly
processed, or processed by a combination of two or more of such
operations, from steel made in the United States by the open
hearth, basic oxygen, electric furnace, bessemer or other steel
making process.
(2) "United States" means the United States of America and
includes all the territory, continental or insular, subject to
the jurisdiction of the United States.
§5B-2A-2. Domestic steel products to be used in state supported
projects.
Whenever any building or structure, including highway
improvements, in whole or part, supported by the state and not
yet bid, is to be erected or constructed, or whatever additions,
alterations, or structural or other improvements are to be made,
or heating, cooling, or ventilating plants or other equipment is
to be installed or material supplied therefore, and if any steel
products are to be used or supplied in the construction, repair, or improvement project, only steel products as defined in section
one of this article may be used or supplied in the project.
§5B-2A-3. Exceptions.
The secretary of transportation may, in connection with any
bridge project for which a contract has been entered into,
authorize in writing the use of a minimal amount of foreign steel
products if either of the following is true:
(1) The cost for each contract item used does not exceed one
tenth of one percent of the total contract cost, or two thousand
five hundred dollars, whichever is greater. For the purposes of
this section, the cost is the value of the steel product as
delivered to the project; or
(2) The secretary of transportation determines that
specified steel materials are not produced in the United States
in sufficient quantity or otherwise are not reasonably available
to meet contract requirements.
§5B-2A-4. Penalties.
(a) Any person who violates the provisions of this article
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than ten thousand dollars.
(b) Any person so convicted under subsection (a) of this section is prohibited from contracting with the state for a
period of five years on any project financed with state funds.
NOTE: The purpose of this bill is to require the use of
domestically produced steel products in construction projects
supported wholly or in part by the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.