HB4005 SFA Romano 2-3 #1
Senator Romano moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10, §21-5A-11 and §21-5A-12 of the Code of West Virginia, 1931, as amended, be repealed; and that §21-5A-1 of said code, be amended and reenacted to read as follows:
ARTICLE 5A. CONSTRUCTION OF PUBLIC IMPROVEMENTS WORKERS.
§21-5A-1. Preference to state citizens in construction of public improvements. Enforcement of violations.
(a) In the employment of laborers, workers or mechanics in connection with any public improvement, including, but not limited to, construction, reconstruction, improvement, enlargement, or repairing of any public facility, structure, building, road, highway, bridge, street, alley, sewer, ditch, sewage disposal plant, waterworks, airport and all other structures upon which construction may be let to contract by the State of West Virginia or any political subdivision thereof or any of its agents or by persons contracting therewith, preference shall be given to residents of the county, and, if they cannot be obtained in sufficient numbers, then to residents of the state, and, if they cannot be obtained in sufficient numbers, then to citizens of the United States.
(b) Each contract where subsection (a) of this section applies, under the supervision of the state or any of its agents, shall contain the following provisions: “In the employment of labor to perform the work specified herein, preference shall be given to citizens of the United States, who have continuously resided in the county in which the work is to be performed for at least three months prior to the date hereof, and then to citizens of the state who have continuously resided in the state at least three months prior to the date hereof.” In no event shall said provisions or anything in this section be deemed to abrogate or supersede, in any manner, any provision regarding residence requirements contained in a collective bargaining agreement to which the contractor is a party.
(c) No person who receives an award or contract from the state under subsection (a) of this section, or who receives an order or contract under subsection (a) of this section for which a portion of funds is derived from the state, shall knowingly employ nonresidents of the state while residents who may qualify for such work are reasonably available for employment. In the employment of nonresidents, the construction supervisor or construction inspector assigned to the project shall verify that the contracting employer, by reasonable efforts, sought to obtain construction job applicants from existing employment sources in West Virginia. The agent contracting on behalf of the state or any political subdivision thereof shall investigate promptly any alleged violation of this section. If the investigating agent finds evidence of such a violation, he or she shall immediately notify the alleged violator of such evidence and allegations. If the alleged violator fails to take corrective action within one week, or to produce evidence which satisfies the agent that no violation has occurred, the agent shall notify the Division of Labor, which shall institute a civil action to recover as liquidated damages for the violation of the contract an amount equal to the wages paid to any employees employed in violation of this section and the costs of litigation, including reasonable attorney’s fees and costs.
(d) The provisions of this section shall not apply where the state or any subdivision thereof may suffer the loss of revenue granted or to be granted from any agency or department of the federal government as a result of applying this section.