SB361 H GO AM 2-25 as amended

Webb 3289

            The Committee on Government Organization moves to amend the bill on page three, section one line seven, after the word “subdivisions” by striking out the comma and the words “and this article shall apply to expenditures of such institutions made, in whole or in part, from such public funds”;

            On page five, section one, line forty-nine, by striking out the words “(6) The term “board” shall mean the minimum wage board as constituted in this article.”

            One page five, section one, line fifty-one by striking out the number seven (7) and inserting in lieu thereof the number six (6);

            One page five, section one, after line fifty-five, by adding two new subsections designated seven and eight, all to read as follows:

            “(7) The term “public money” means funds obtained by a public authority through taxes, fees, fines or penalties. For purposes of this article, public money does not include funds obtained by private donation, contribution, fund raising or insurance proceeds.

             (8) The term “wages” means the hourly rate paid for work performed by an employee for an employer.”;

On page seven, section three, line sixteen, by restoring the stricken word “wages”;

            On page seven, section three, line seventeen, by striking out the underlined word “compensation”;

            On page seven, section three, line twenty-seven, after the words “public improvements”, by striking through the underlined words “in excess of $500,000.00 in cost”;

            On page seven, section three, line twenty-eight, by striking out the word “on” at the beginning of the sentence and inserting in lieu thereof the word “for”;

            On page seven, section three, line thirty-four, after the word “underway”, by striking out the period and inserting in lieu thereof a colon and the words “Provided, however, That this section applies only to contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.”;

            On page fourteen, section five, line one hundred fifteen, after the words “of this section” by striking out the period and inserting in lieu thereof a colon and the words “Provided, That if the determination is not in place on July 1, 2015, for any reason, no prevailing hourly rate of wages shall be in effect until the determination is made. Provided, however, That in the event the determination is not in place on July 1, 2015, the Joint Committee on Government and Finance may extend the deadline to a date thereafter, but, in any event, no later than September 30, 2015. During the extension period only, the prevailing wage in place prior to July 1, 2015 shall remain the prevailing wage. Provided, further, That in the event the determination is not in place at the conclusion of such extension period, no prevailing hourly rate of wages shall be in effect until the determination is made.”;

            On page fifteen, section five, line one hundred forty-six, after the word “article” by striking out the period and inserting in lieu thereof a colon and the words “Provided, further, That any confidential, individual proprietor-level data submitted to Workforce West Virginia, the West Virginia University Bureau of Business and Economic Research or the Center for Business and Economic Research at Marshall University for the purpose of determining the prevailing wage rates shall not be considered a public record for purposes of section three, article one, chapter twenty-nine-b of this code.”;

            On page sixteen, section six, line ten, by striking out the underlined words “public improvements in excess of $500,000 in cost” and inserting in lieu thereof the words “contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.”; and

            On page seventeen, section eleven, beginning on line one, by striking out the section in its entirety and inserting in lieu thereof the following:

            “(a) The Executive Director of Workforce West Virginia shall promulgate emergency rules and propose, for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the provisions of this article. All rules, whether emergency or not, promulgated pursuant to this section shall at a minimum:

            (1) Define the regions of the state as used in the article;

            (2) Establish a process for addressing written objections regarding the methodology for calculating the prevailing hourly rate of wages and the calculation of the hourly rate of wages: Provided, That Workforce West Virginia may consolidate written objections for hearing and final determination purposes; and

            (3) Propose any other rules necessary to effectuate the purposes of this article.

            (b) Any legislative rule in effect prior to the effective date of this article implementing the provisions of this article is hereby repealed.”