West Virginia 2022 Regular Session

West Virginia House Bill HB2116

Introduced
1/12/22  

Caption

Verifying legal employment status of contractors and vendor’s employees for certain road and bridge contracts

Impact

The introduction of HB 2116 will likely lead to a more stringent monitoring system within the state's contracting process. By imposing requirements for the verification of employees' legal status, the bill aims to improve job security for legal workers while potentially deterring fraudulent activities. The immediate impact will be on contractors who will need to ensure that their workforce complies with these new requirements, which may also lead to an increase in administrative duties regarding employment verification.

Summary

House Bill 2116 aims to enhance the verification process for the employment status of contractors and their employees on state road and bridge contracts. Specifically, the bill requires that for contracts exceeding $500,000, contractors must verify that their employees, as well as those of their subcontractors, are either U.S. citizens, authorized workers, or legal aliens eligible for employment. This measure is intended to ensure compliance with federal regulations regarding employment eligibility and to prevent unlawful employment practices in state-funded projects.

Sentiment

Supporters of HB 2116 argue that the bill is a necessary step toward protecting jobs for legal workers and ensuring that taxpayer funds are not used to support illegal employment practices. However, critics express concern that the requirements may be overly burdensome on smaller contractors, potentially leading to fewer bids on state contracts. The sentiment surrounding the bill appears split, with proponents emphasizing the importance of legal employment within state projects while opponents highlight the potential negative implications for local businesses.

Contention

Notable points of contention around HB 2116 revolve around its implementation and its impact on the bidding process for state contracts. Some legislators fear that stringent verification might limit the pool of available contractors, particularly impacting smaller companies incapable of meeting the new requirements. Additionally, there are concerns about what constitutes 'verification' and how compliance will be enforced, potentially leading to challenges in contract awards and execution.

Companion Bills

No companion bills found.

Previously Filed As

WV HB1505

Construction manager at risk law; revise provisions related to selection of contractors and vendors for IHL.

WV AB1928

Employment standards: independent contractors and employees.

WV SB526

Verifying legal employment status of workers to governmental agencies

WV SB656

Verifying legal employment status of workers to governmental agencies

WV AB71

Employment standards: independent contractors and employees.

WV AB5

Worker status: employees and independent contractors.

WV SB105

Returning refundable exemption for road construction contractors to State Road Fund

WV SB00473

An Act Concerning State Contracting, A Pilot Program And The Prequalification Of Contractors.

WV SB7

Returning refundable exemption for road construction contractors to State Road Fund

WV HB327

Require certain contractors and employers to use E-verify

Similar Bills

CT HB07055

An Act Concerning Recommendations By The Department Of Transportation Regarding The Notification Of State Construction Contract Opportunities By The University Of Connecticut And The Commissioner Of Transportation, Parking Spaces, Wayside Horns, The Disposition Of Excess State Property, Heavy Duty Trailers, Flashing Lights On Motor Vehicles, Child Restraint Systems, Pesticide Application By Railroad Companies, The "move Over" Law, Road Design Standards, And Road And Bridge Designations.

MI SB0006

Labor: hours and wages; prevailing wage; reenact. Creates new act.

MI HB4007

Labor: hours and wages; prevailing wage; reenact. Creates new act.

WY HB0078

Bid rejection or denial for public works contracting.

WY HB0158

Bid rejection or denial for public works contracting.

NJ S3041

Prohibits cooperative from receiving public works contract when cooperative-approved vendor fails to pay prevailing wage; concerns cooperative purchasing agreements with other states; and permits contracting units to award certain indefinite contracts.

NJ A4194

Prohibits cooperative from receiving public works contract when cooperative-approved vendor fails to pay prevailing wage; concerns cooperative purchasing agreements with other states; and permits contracting units to award certain indefinite contracts.

NV AB502

Revises provisions relating to public works. (BDR 28-401)