Senate Bill No. 149
(By Senators Wiedebusch and Grubb)
[Introduced January 23, 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
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
(1) The hiring of any person who resides or works in
this state to whom the employer anticipates paying
(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;
(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 per month.
(c) The director of the child advocate office may
establish additional exemptions to reduce unnecessary or
(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
(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
(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
(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
This section is new; therefore, strike-throughs and
underscoring have been omitted.