West Virginia SB 370: Requiring certain documents that contain wage records be considered confidential

Bill Text

SB 370 Text

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Introduced Version

« Senate Bill 370 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2021 regular session

Introduced

Senate Bill 370

By Senator Swope

[Introduced February 
19, 2021; referred

to the Committee on the Workforce]

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 requiring 
certain documents that include records of wages be considered confidential; 
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 employees 
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; providing that any such document containing records of actual 
wages paid to employees shall be considered confidential and proprietary and 
may not be considered a public record; defining “governmental entity”; defining 
contents of certified payroll document; 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; and providing 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.

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 22. gOVERNMENT 
CONSTRUCTION CONTRACTS.

§5-22-4. Prohibition 
on requiring submission of wage records; exception.

(a) No governmental 
entity that requires a private company that has contracted with, or is seeking 
to contract with, a governmental entity for a construction project to submit 
any document that includes records of actual wages paid to employees may 
disclose the document or the information contained therein to any other entity 
or person: Provided, That this prohibition does not prevent disclosure 
of the document or the information contained therein to another state or 
federal agency. Any such document shall be considered confidential and 
proprietary, and may not be considered a public record for the purposes of §29B-1-1 et 
seq. of this code.

(b) For the purposes of 
this section, “governmental entity” means the state and its subdivisions or any 
other entity or person acting on behalf of the state and its subdivisions.

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 §21-1C-2 
of this code to file, with the Division 
of Labor copies of the waiver certificates and a certified payrolls, 
pursuant to §21-5A-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: 

(1) The name and address 
of the employer; 

(2) Identification of 
the payroll number