SB 474 — Requiring that certain documents filed pursuant to WV Jobs Act which include records of wages be considered confidential

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Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 474 By Senators Swope, Azinger, Blair, Boso, Clements, Drennan, Ferns, Gaunch, Karnes, Maynard, Rucker, Smith, Sypolt, Trump, Weld, Maroney, and Cline [Originating in the Committee on Governmentthe Organization;Workforce;

Reported on February 19,8, 2018]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-4;

and to amend and reenact §21-1C-5 of said code, all relating to requiringprohibiting a governmental entity that requires certain documentsprivate companies to submit any document that includeincludes records of actual wages bepaid consideredto confidential;employees from disclosing such document or information contained therein to any other entity or person other than state or federal agencies;

prohibiting governmental entity that requires private company contracting with, or seeking to contract with, a governmental entity for a construction project to submit any document that includes records of actual wages paid to employers from disclosing document or information contained therein to any other entity or person;

permitting disclosure of such document or information to state or federal agency;

definingproviding contentsthat any document containing records of certifiedactual payrollwages document;paid to employees that is filed or submitted pursuant to the West Virginia Jobs Act may not be disclosed by the Division of Labor or a public authority to any other entity or person other than a state or federal agency;

providing that any document containing records of actual wages paid to employees filed or submitted pursuant to the West Virginia Jobs Act may not be disclosed by the Division of Labor or a public authority to any other entity or person other than to a state or federal agency;

(a) NoA governmental entity that requires a private company that has contracted with, or is seeking to contract with,with a governmental entity for a construction project to submit any document that includes records of actual wages paid to employees may not disclose such document or the information contained therein to any other entity or person:

Provided, That this prohibition does not prevent disclosure of such document or the information contained therein to another state or federal agency.

Any such document shall be considered confidential and proprietary,proprietary and may not be considered a public record,record for the purposes of §29B-1-1 et seq.

of this code, or other comparable documents that include the number of employees, the county and state wherein the employees reside and their occupation payroll document that includes:includes the name and address of the employer, identification of the payroll number and the work week ending date, the name of the project location, identification of the contract number, the names of employees, each employee’s work classification or job title, the county and state of the employee’s residence, the days and hours worked, hourly rate of pay or salary, gross wages, federal and state withholding amounts, or other authorized deductions, and net pay.

(1)(c) The nameDivision of Labor shall compile the information required by this section and addresssubmit it annually to the Joint Committee on Government and Finance by October 15.  The joint committee may forward these reports to the Legislative Auditor to review and make comments regarding the usefulness of the employer;information collected and to suggest changes to the division's method of reporting to ensure the information collected will prove useful in evaluating the effectiveness of the provisions of this article.

(2) Identification of the payroll number and the work week ending date;

(3) The name of the project location;

(4) Identification of the contract number;

and (5) The name of each employee, including the following information for each employee:

(A) The employee’s work classification or job title;

(B) The county and state of residence;

(C) The days and hours worked;

(D) The hourly rate of pay or salary;

(E) Gross wages;

(F) Federal and state withholding amounts, or other authorized deductions;

and (G) Net pay.

(c) The Division of Labor shall compile the information required by this section and submit it annually to the Joint Committee on Government and Finance by October 15.  The joint committee may forward these reports to the Legislative Auditor to review and make comments regarding the usefulness of the information collected and to suggest changes to the division’s method of reporting to ensure the information collected will prove useful in evaluating the effectiveness of the provisions of this article.

(e) The Division of Labor is authorized to may establish procedures for the efficient collection of data, collection of civil penalties prescribed in §21-1C-6 of this code,code and transmittal of data to the Joint Committee on Government and Finance.

(f) Any documentdocument, filed or submitted pursuant to this sectionsection, that includes records of actual wages paid to employees may not be disclosed by the Division of Labor or a public authority to any other entity or person:

Any such document shall be considered confidential and proprietary,proprietary and may not be considered a public record,record for the purposes of §29B-1-1 et seq.

  Strike-throughsNOTE: indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

The purpose of this bill is to provide that any document submitted or filed pursuant to the West Virginia Jobs Act that includes records of actual wages paid to employees or information contained therein shall be considered confidential and proprietary and may not be considered a public record.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.