H. B. 2829
(By Delegates Sparks, Hunt, Tillis,
Williams, Linch, Collins and Seacrist)
[Introduced March 28, 1997; referred to the
Committee on Industry and Labor then Finance.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-b, relating to
required reporting for construction projects which are
financed, in whole or in part, by public funds or at public
expense.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-b, to read
as follows:
ARTICLE 1B. REPORTING OF EMPLOYMENT.
§21-1B-1. Findings; policy.
The Legislature finds that the purpose of economic
development efforts is to improve the lives of West Virginians, and that taxpayers spend a significant amount of money on economic development projects to create jobs. State, county and
municipal governments want to maximize employment of local
citizens whenever contracting for public improvements; therefore,
a tracking mechanism is needed to evaluate existing economic
development efforts regarding job creation to better assist the
design of training programs to meet the skills employers need.
§21-1B-2. Application of article.
This article applies to:
(a) Expenditures by any public authority made, in whole or
in part, from public funds for a public improvement project;
(b) Any private capital project funded, in whole or in part,
by the issuance of tax incentives, tax credits, or bonds or loans
or other tax funded benefits granted by the state or any of its
political subdivisions, any economic development board or agency
to induce or encourage the undertaking of any such construction
project by any private person, corporation or any other entity.
§21-1B-3. Compiling of information.
(a) Application for financial incentives from economic
development authorities, or other public authorities, which will
be used, in whole or in part, for the construction of public or
capital improvement projects, shall include a statement
estimating the number and duration of each construction job which
will go to West Virginia residents.
(b) Upon completion of any such project the applicant shall as a condition of receipt of any such financial incentive,
complete a report consisting of the name of individuals employed
to construct such project, the address where they reside, and the
total hours worked by each employee on such project and shall
submit such report to the economic development authority or
public authority awarding such financial incentive within thirty
days of the completion of the project:
Provided, That in lieu of
the above job report, submission of certified payrolls is
considered full compliance with this article.
(c) Upon completion of any public improvement project
awarded by state, county and municipal authorities or agencies,
a contractor shall as a condition of the contract complete a
report consisting of the name of individuals employed to
construct such project, the address where they reside, and the
total hours worked by each employee on such project and submit
such report to the state, county or municipal authority or agency
awarding the contract within thirty days of the completion of the
project:
Provided, That in lieu of the above report, submission
of certified payrolls is considered full compliance with this
article.
(d) The reports or payroll records required by the
provisions of this article shall be supplied to the commissioner
of labor who shall maintain the records as a source of research
material to determine the efficacy of such projects. The reports and all information contained in the reports or certified
payrolls shall be considered public records, with the exception
of employee social security numbers.
NOTE: The purpose of this bill is to compile and make
available information regarding employment at construction
projects resulting from economic development or public
improvement efforts in West Virginia
This article is new; therefore strike-throughs and
underscoring have been omitted.
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