H. B. 2636
(By Delegates Douglas, Moore and Ashley)
[Introduced February 22, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section twenty-four, article two,
chapter forty-eight-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
decreasing the time employers have between the date of
hiring and the date of reporting that information to the
child advocate office.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article two, chapter forty-eight-a
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA CHILD ADVOCATE OFFICE.
§48A-2-24. Employment and income reporting.
(a) Upon notice by the director of the child advocate
office, and except as provided in subsections (b) and (c) of this
section, all employers doing business in the state of West
Virginia shall report to the child advocate office:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The rehiring or return to work of any employee who
resides or works in this state.
(b) Employers are not required to report the hiring,
rehiring or return to work of any person who:
(1) Is employed for less than one month's duration; or
(2) Is employed sporadically so that the employee will be
paid for less than three hundred fifty hours during a continuous
six-month period; or
(3) Has gross earnings of less than three hundred dollars
(c) The director of the child advocate office may establish
additional exemptions to reduce unnecessary or burdensome
(d) Employers may report by mailing to the child advocate
office a copy of the employee's W-4 form, by transmitting
magnetic tape in a compatible format, or by any other means
mutually agreed to by the employer and by the child advocate
office to achieve timely and complete reporting.
(e) Employers shall submit a report within seven days of the
date of the hiring, rehiring or return to work of the employee.
The report shall include the employee's name, address, social
security number and date of birth and the employer's name and
address, any different address of the payroll office and the
employer's federal tax identification number.
(f) An employer of an obligor shall provide to the child advocate office, upon its written request, information regarding
the obligor's employment, wages or salary, medical insurance and
location of employment. The information required under this
subsection is in addition to the information required by
subsection (e) of this section.
(g) An employer who fails to report in accordance with the
provisions of this section shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than five
hundred dollars nor more than one thousand dollars.
(h) Employers required to report under this section may
assess each employee so reported one dollar for the
administrative costs of reporting.
NOTE: The purpose of this bill is to decrease the time span
between the hiring date of an employee and the date that
employment is reported to the Child Advocate Office.
JUDICIARY COMMITTEE AMENDMENT
On page two, section twenty-four, line twenty, following the
word "within", by striking out the word "seven" and inserting in
lieu thereof the word "fourteen".