WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4628
By Delegate Worrell [Introduced January 11, 2024; Referred to the Committee on Government Organization]
 Intr HB 2024R2704
1 A BILL to amend and reenact §5-11A-3a of the Code of West Virginia, 1931,as amended; to
2 amend and reenact §5-22-1 of said code; to amend and reenact §21-1-3 of said code; to
3 amend and reenact §21-3C-10a, §21-3C-10b, and §21-3C-11 of said code; to amend and
4 reenact §21-9-2, and §21-9-9 of said code; to amend said code by adding thereto a new
5 article, designated §21-11-1, §21-11-2, §21-11-3, §21-11-4, §21-11-5, §21-11-6, §21-11-7,
6 §21-11-8, §21-11-9, §21-11-10, §21-11-11, §21-11-12, §21-11-13, §21-11-14, §21-11-15,
7 §21-11-16, §21-11-17, §21-11-18, §21-11-19, and §21-11-20; to amend and reenact §21-
8 11A-2 and §21-11A-4 of said code; to amend and reenact §21-16-4 of said code; to amend
9 and reenact §21A-10-11 of said code; and to repeal §30-42-1, §30-42-2, §30-42-3, §30-42-
10 4, §30-42-5, §30-42-6, §30-42-7, §30-42-8, §30-42-9, §30-42-10, §30-42-11, §30-42-12,
11 §30-42-13, §30-42-14, §30-42-15, §30-42-16, §30-42-17, §30-42-18, §30-42-19, and §30-
12 42-20, all relating to the West Virginia Contractor Licensing Act; providing for relocating the
13 licensing of contractors from Chapter 30 back to Chapter 21 of this code; providing a short
14 title and declaration of policy with definitions; continuing the West Virginia Contractor
15 Licensing Board, its composition, and the terms, qualifications and appointment of
16 members; defining administrative duties of board; authorizing the proposal of legislative
17 rules; changing the congressional district residency requirement for members of the board;
18 requiring contractor license and providing exemptions; providing licensing procedure;
19 providing for expiration date, fees, and renewal of license; providing for revocation for
20 unlawful use, assignment or transfer of license; providing for prerequisites to obtaining
21 building permit and mandatory written contracts; providing for requiring informational list
22 for basic universal design features; providing for injunction and criminal penalties for
23 violation of article; providing for specific administrative duties of board and record keeping
24 by the board; establishing authorization to grant reciprocity and to provide training to
25 students who desire to obtain a West Virginia contractor license; providing for
26 misdemeanor criminal penalties for violations of article; providing for limitations on
1
 Intr HB 2024R2704
27 municipalities, local governments, and counties from requiring a license to perform
28 contractor work; providing for an exemption from a contractor license for residential work
29 up to $5,000 and commercial work up to $25,000; providing for an exemption from a
30 contractor license for a person performing landscaping and painting services; establishing
31 regulatory review schedule for board; and making technical changes to update code
32 citation references throughout the code.
Be it enacted by the Legislature of West Virginia:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-3a. Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.
1 Any person, including a worker, contractor, engineer or architect, who in good faith
2 provides services or materials, without remuneration, to build or install basic universal design
3 features as set forth in §30-42-10 §21-11-11 of this code may not be liable for any civil damages as
4 the result of any act or omission in providing such services or materials: Provided, That the basic
5 universal design feature or features shall be built or constructed in accordance with applicable
6 state and federal laws and applicable building codes.
ARTICLE 22. GOVERNMENT CONSTRUCTION CONTRACTS.
§5-22-1. Bidding required; government construction contracts to go to lowest qualified responsible bidder; procedures to be followed in awarding government
2
 Intr HB 2024R2704
construction projects; penalties for violation of procedures and requirements debarment; exceptions.
1 (a) This section and the requirements in this section may be referred to as the West
2 Virginia Fairness in Competitive Bidding Act.
3 (b) As used in this section:
4 (1) "Lowest qualified responsible bidder" means the bidder that bids the lowest price and
5 that meets, at a minimum, all the following requirements in connection with the bidder’s response
6 to the bid solicitation. The bidder shall certify that it:
7 (A) Is ready, able, and willing to timely furnish the labor and materials required to complete
8 the contract;
9 (B) Is in compliance with all applicable laws of the State of West Virginia; and
10 (C) Has supplied a valid bid bond or other surety authorized or approved by the contracting
11 public entity.
12 (2) "The state and its subdivisions" means the State of West Virginia, every political
13 subdivision thereof, every administrative entity that includes such a subdivision, all municipalities,
14 and all county boards of education.
15 (3) "State spending unit" means a department, agency, or institution of the state
16 government for which an appropriation is requested, or to which an appropriation is made by the
17 Legislature.
18 (4) "Alternates" means any additive options or alternative designs included in a solicitation
19 for competitive bids that are different from and priced separately from what is included in a base
20 bid.
21 (5) "Construction project" means a specifically identified scope of work involving the act,
22 trade, or process of building, erecting, constructing, adding, repairing, remodeling, rehabilitating,
23 reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure,
24 facility, road, or highway. Repair and maintenance of existing public improvements that are
3
 Intr HB 2024R2704
25 recurring or ongoing in nature and that are not fully identified or known at any one time shall be
26 considered a construction project and procured according to this article on an open-ended basis,
27 so long as the work to be performed under the contract falls into a generally accepted single class,
28 or type, and bidders are notified of the open-ended nature of the work in the solicitation: Provided,
29 That no open-ended repair or maintenance contract may exceed $500,000.
30 (c) The state and its subdivisions shall, except as provided in this section, solicit
31 competitive bids for every construction project exceeding $25,000 in total cost.
32 (1) If a solicitation contains a request for any alternates, the alternates shall be listed
33 numerically in the order of preference in the solicitation.
34 (2) A vendor who has been debarred pursuant to §5A-3-33b through §5A-3-33f of this
35 code, may not bid on or be awarded a contract under this section.
36 (d) All bids submitted pursuant to this chapter shall include a valid bid bond or other surety
37 as approved by the State of West Virginia or its subdivisions.
38 (e) Following the solicitation of bids, the construction contract shall be awarded to the
39 lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond.
40 The state and its subdivisions may reject all bids and solicit new bids on the project.
41 (f) Any solicitation of bids shall include no more than five alternates. Alternates, if accepted,
42 shall be accepted in the order in which they are listed on the bid form. Any unaccepted alternate
43 contained within a bid shall expire 90 days after the date of the opening of bids for review.
44 Determination of the lowest qualified responsible bidder shall be based on the sum of the
45 base bid and any alternates accepted.
46 (g) The apparent low bidder on a contract valued at more than $250,000 for the
47 construction, alteration, decoration, painting, or improvement of a new or existing building or
48 structure with a state spending unit shall submit a list of all subcontractors who will perform more
49 than $25,000 worth of work on the project including labor and materials. This section does not
50 apply to other construction projects such as highway, mine reclamation, water, or sewer projects.
4
 Intr HB 2024R2704
51 The list shall include the names of the bidders and the license numbers as required by §30-42-1
52 §21-11-1 et seq. of this code. This information shall be provided to the state spending unit within
53 one business day of the opening of bids for review prior to the awarding of a construction contract.
54 If the apparent low bidder fails to submit the subcontractor list, the spending unit shall promptly
55 request by telephone and electronic mail that the low bidder and second low bidder provide the
56 subcontractor list within one business day of the request. Failure to submit the subcontractor list
57 within one business day of receiving the request shall result in disqualification of the bid. A
58 subcontractor list may not be required if the bidder provides notice in the bid submission or in
59 response to a request for a subcontractor list that no subcontractors who will perform more than
60 $25,000 worth of work will be used to complete the project.
61 (h) Written approval must shall be obtained from the state spending unit before any
62 subcontractor substitution is permitted. Substitutions are not permitted unless:
63 (1) The subcontractor listed in the original bid has filed for bankruptcy;
64 (2) The state spending unit refuses to approve a subcontractor in the original bid because
65 the subcontractor is under a debarment pursuant to §5A-3-33d of this code or a suspension under
66 §5A-3-32 of this code; or
67 (3) The contractor certifies in writing that the subcontractor listed in the original bill fails, is
68 unable, or refuses to perform the subcontract.
69 (i) The contracting public entity may not award the contract to a bidder which fails to meet
70 the minimum requirements set out in this section. As to a prospective low bidder which the
71 contracting public entity determines not to have met one or more of the requirements of this
72 section or other requirements as determined by the public entity in the written bid solicitation, prior
73 to the time a contract award is made, the contracting public entity shall document in writing and in
74 reasonable detail the basis for the determination and shall place the writing in the bid file. After the
75 award of a bid under this section, the bid file of the contracting public agency and all bids submitted
76 in response to the bid solicitation shall be open and available for public inspection.
5
 Intr HB 2024R2704
77 (j) The contracting public entity shall may not award a contract pursuant to this section to
78 any bidder that is known to be in default on any monetary obligation owed to the state or a political
79 subdivision of the state, including, but not limited to, obligations related to payroll taxes, property
80 taxes, sales and use taxes, fire service fees, or other fines or fees. Any governmental entity may
81 submit to the Division of Purchasing information which identifies vendors that qualify as being in
82 default on a monetary obligation to the entity. The contracting public entity shall take reasonable
83 steps to verify whether the lowest qualified bidder is in default pursuant to this subsection prior to
84 awarding a contract.
85 (k) A public official or other person who individually or together with others knowingly
86 makes an award of a contract under this section in violation of the procedures and requirements of
87 this section is subject to the penalties set forth in §5A-3-29 of this code.
88 (l) No officer or employee of this state or of a public agency, public authority, public
89 corporation, or other public entity and no person acting or purporting to act on behalf of an officer
90 or employee or public entity may require that a performance bond, payment bond, or surety bond
91 required or permitted by this section be obtained from a particular surety company, agent, broker,
92 or producer.
93 (m) All bids shall be open in accordance with the provisions of §5-22-2 of this code, except
94 design-build projects which are governed by §5-22A-1 et seq. of this code and are exempt from
95 these provisions.
96 (n) Nothing in this section applies to:
97 (1) Work performed on construction or repair projects by regular full-time employees of the
98 state or its subdivisions;
99 (2) Prevent students enrolled in vocational educational schools from being utilized in
100 construction or repair projects when the use is a part of the student’s training program;
101 (3) Emergency repairs to building components, systems, and public infrastructure. For the
102 purpose of this subdivision, the term "emergency repairs" means repairs that if not made
6
 Intr HB 2024R2704
103 immediately will seriously impair the use of building components, systems, and public
104 infrastructure or cause danger to persons using the building components, systems, and public
105 infrastructure; and
106 (4) A situation where the state or subdivision thereof reaches an agreement with
107 volunteers, or a volunteer group, in which the governmental body will provide construction or
108 repair materials, architectural, engineering, technical, or other professional services, and the
109 volunteers will provide the necessary labor without charge to, or liability upon, the governmental
110 body.
CHAPTER 21. LABOR
ARTICLE 1. DIVISION OF LABOR.
§21-1-3. Inspections by commissioner; duties and records of employers; commissioner may appoint assistants.
1 The commissioner of labor and his or her authorized representatives shall have the power
2 and authority in the discharge of their duties, to may enter any place of employment or public
3 institution, for the purpose of collecting facts and statistics relating to the employment of workers
4 and of making inspections for the proper enforcement of all labor laws of the state. No employer or
5 owner shall may refuse to admit the commissioner of labor or his or her authorized representative
6 when they so seek admission to his place of employment, public building, or place of public
7 assembly.
8 The commissioner or his or her authorized representative shall, at least once each year,
9 visit and inspect the principal factories and workshops of the state, and shall, upon complaint and
10 request of any three or more reputable citizens, visit and inspect any place where labor is
11 employed and make true report of the result of his or her inspection.
12 Every employer and owner shall furnish to the division of labor all information which the
13 commissioner of labor or his or her representative is authorized to require, and shall make true and
7
 Intr HB 2024R2704
14 specific answers to all questions submitted by the division of labor, orally or in writing as required
15 by said division. Every employer shall keep a true and accurate record of the name, address, and
16 occupation of each person employed by him or her and of the daily and weekly hours worked by
17 each such person, and of the wages paid each pay period to each such person. Such records shall
18 be kept on file for at least one year after the date of the record. No employer shall may make or
19 cause to be made any false entries in any such record.
20 In addition to such other powers and duties as may be conferred upon the commissioner of
21 labor by law, the commissioner of labor shall have the power, duty, jurisdiction, and authority to
22 may employ, promote, and remove deputies, inspectors, clerks, and other assistants, as needed,
23 and to fix their compensation, with regard to existing laws applicable to the employment and
24 compensation of officers and employees of the State of West Virginia, and to assign to them their
25 duties; to make or cause to be made all necessary inspections, including inspections relating to
26 enforcing the West Virginia Contractor Licensing Act, §30-42-1 §21-11-1 et seq., of this code, to
27 see that all laws and lawful orders which the department has the duty, power, and authority to
28 enforce, are promptly and effectively carried out.
ARTICLE 3C. E