SB412 H GO AM 3-31

Hubbard 3192

The Committee on Government Organization moved to amend the bill on page one, after the enacting clause, by striking out the enacting section in its entirety and by out striking the remainder of the bill and inserting in lieu thereof the following:

“That §21-1C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

 CHAPTER 21. LABOR.

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

§21-1C-5. Applicability and scope of article; reporting requirements.

(a) This article applies to expenditures for construction projects by any public authority for public improvements as defined by this article.

(b) For public improvement projects let pursuant to this article, the public authority shall file, or require an employer as defined in section two of this article to file, with the Division of Labor copies of the waiver certificates and certified payrolls pursuant to article five-a of this chapter or other comparable documents that include the number of employees, the county and state wherein the employees reside and their occupation. 

(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.

(d) Each public authority has the duty to shall implement the reporting requirements of this article. Every public improvement contract or subcontract let by a public authority shall contain provisions conforming to the requirements 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 section six of this article and transmittal of data to the Joint Committee on Government and Finance.

(f) The Division of Labor, or any public authority to any other entity or person may not disclose any document filed or submitted pursuant to this section that includes records of actual wages paid to employees that contains any information contained in such documents pertaining to the wages of any individual to any other entity or person except to another governmental agency to the extent necessary for that agency to carry out its statutory functions. Any such document shall be deemed confidential and proprietary and shall not be considered a public record for the purposes of article one, chapter twenty-nine-b of this code unless such wage information is redacted before being disclosed.

(g) Nothing in this section shall prohibit the release of documents or information regarding actual wages paid pursuant to a court order from a court of competent jurisdiction, including but not limited to municipal court, family court, circuit court, and the West Virginia Supreme Court of Appeals.”

Adopted

Rejected