H. B. 2425
(By Delegates Hatfield, Perdue and Caputo)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-1E-1, §21-1E-2
and §21-1E-3, all relating to requiring employers to provide
health insurance to employees working on public improvement
projects.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-1E-1, §21-1E-2 and
§21-1E-3, all to read as follows:
ARTICLE 1E. HEALTH INSURANCE FOR EMPLOYEES.
§21-1E-1. Definitions.
As used in this article:
(a) "Construction" means any construction, reconstruction,
improvement, enlargement, painting, decorating, or repair of any
public improvement let to contract, but does not include temporary or emergency repairs.
(b) "Construction industry" means that industry which is
composed of employees and employers engaged in construction of
buildings, roads, highways, bridges, streets, alleys, sewers,
ditches, sewage disposal plants, waterworks, airports, and all
other structures or works whether private or public on which
construction work as defined in subsection (a) of this section is
performed.
(c) "Employee" means any person hired or permitted to perform
hourly work for wages by a person, firm or corporation in the
construction industry, but does not include individuals engaged in
making temporary or emergency repairs, independent contractors or
salaried supervisory personnel necessary to assure efficient
execution of the employee's work.
(d) "Employer" means any person, firm or corporation employing
one or more employees on any public improvement and includes all
contractors and subcontractors.
(e) "Health insurance" means any of the following plans or
policies providing basic and major medical coverage:
(1) "Group health plan" or "health benefit plan" as defined in
section one-a, article sixteen of chapter thirty-three;
(2) A policy provided by a carrier licensed under chapter
thirty-three of this code providing "accident and sickness
insurance" as defined in section two-a, article fifteen of chapter thirty-three;
(3) A health benefit plan offered by a "Health Maintenance
Organization" or "HMO", as defined in section two, article
twenty-five-a of chapter thirty-three; or
(4) A health benefit plan offered by one or more employers,
including a self-insured plan, created pursuant to the Employee
Retirement Income Security Act, as amended, or a multiemployer
plan, created pursuant to the Labor Management Relations Act of
1947.
(f) "Public authority" means any officer, board or commission
or other agency or political subdivision of the State of West
Virginia authorized by law to enter into a contract for the
construction of a public improvement, including any institution
supported, in whole or in part, by public funds of the State of
West Virginia or its political subdivisions.
(g) "Public improvement" means all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants,
waterworks, airports, and all other structures upon which
construction may be let to contract by the State of West Virginia
or any political subdivision, and includes projects for which
expenditures are made, in whole or in part, from public funds.
§21-1E-2. Policy declared.
It is hereby declared to be the policy of the State of West
Virginia that workers on public improvement projects should be provided health care insurance as a benefit of employment.
§21-1E-3. Insurance requirements.
On and after July 1, 2009, no person, firm or corporation
engaged in the construction industry may enter into a contract with
a public authority for the construction of a public improvement
project of an aggregate value of $500,000 or more including labor
and materials, without establishing in writing to the public
authority's satisfaction that at least seventy-five percent of the
employees working on the project are covered by a policy of health
insurance.
NOTE: The purpose of this bill is to require that workers on
public improvement projects be provided health care insurance as a
benefit of employment.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.