H. B. 2871
(By Delegates Moye, Barker, M. Poling,
Stephens, Campbell, Schoen, Rodighiero,
D. Poling and Argento)
[Introduced February 27, 2009; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §21-1B-2 and §21-1B-3 of the Code of
West Virginia, 1931, as amended, all relating to verifying
legal employment status of workers; providing new definitions;
requiring employers to register with and utilize the
electronic verification of work authorization program of the
Illegal Immigration Reform and Immigration Responsibility Act
of 1996, Public Law 104-208, Division C, Section 403(a); 8 USC
Section 1324a, and operated by the United States Department of
Homeland Security, known as the E-Verify Program; and
providing dates by which employers are to meet the
verification requirements.
Be it enacted by the Legislature of West Virginia:
That §21-1B-2 and §21-1B-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.
§21-1B-2. Definitions.
(a) "Employer" means any individual, person, corporation,
department, board, bureau, agency, commission, division, office,
company, firm, partnership, council or committee of the state
government, public benefit corporation, public authority or
political subdivision of the state or other business entity which
employs or seeks to employ an individual or individuals.
(b) "Commissioner" means the Labor Commissioner or his or her
designated agent.
(c) "Unauthorized worker" means a person who does not have the
legal right to be employed or is employed in violation of law.
(d) "Records" means records that may be required by the
Commissioner of Labor for the purposes of compliance with the
provisions of this article.
(e) "Knowingly" means, with respect to conduct or to a
circumstance described by a statute defining an offense, that a
person is aware by documentation or action that the person's
conduct is of that nature or that the circumstance exists. Failure
to request or review documentation of an employee's legal status or
authorization to work is deemed to be "knowingly".
(f) "License" means any permit, certificate, approval,
registration, charter or similar form of authorization that is
required by law and that is issued for the purpose of operating a
business in this state.
(g) "Status verification system" means the electronic verification of work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996,
Public Law 104-208, Division C, Section 403(a); 8 USC Section
1324a, and operated by the United States Department of Homeland
Security, known as the E-Verify Program.
(h) "Unauthorized alien" means an alien as defined in Section
1324a(h)(3) of Title 8 of the United States Code.
§21-1B-3. Unauthorized workers or aliens; employment prohibited.
(a) It is unlawful for any employer to knowingly employ, hire,
recruit or refer, either for him or herself or on behalf of
another, for private or public employment within the state, an
unauthorized worker who is not duly authorized to be employed by
law.
(b) Employers in the State of West Virginia may only hire
employees who are legal citizens of the United States of America or
are legal aliens. For purposes of this section, a legal alien is
an individual who was lawfully present in the United States at the
time of employment and for the duration of employment, or was
permanently residing in the United States under color of law at the
time of employment and for the duration of employment.
(b)(c) Employers shall be required to verify a prospective
employee's legal status or authorization to work prior to employing
the individual or contracting with the individual for employment
services
and shall only hire employees who are legal citizens of the United States of America or are legal aliens. Every employer
shall register with and utilize the status verification system to
verify the federal employment authorization status of all newly
hired employees. For purposes of this section, a legal alien is an
individual who was lawfully present in the United States at the
time of employment and for the duration of employment, or was
permanently residing in the United States under color of law at the
time of employment and for the duration of employment.
(c)(d)For purposes of this article, proof of legal status
or authorization to work includes, but is not limited to, a valid
social security card, a valid immigration or nonimmigration visa,
including photo identification, a valid birth certificate, a valid
passport, a valid photo identification card issued by a government
agency, a valid work permit or supervision permit authorized by the
Division of Labor, a valid permit issued by the Department of
Justice or other valid document providing evidence of legal
residence or authorization to work in the United States.
(d)(e) For purposes of enforcing the provisions of this
article, and notwithstanding any other provision of this code to
the contrary, the commissioner or his or her authorized
representative may access information maintained by any other state
agency, including, but not limited to, the Bureau of Employment
Programs and the Division of Motor Vehicles, for the limited
purpose of confirming the validity of a worker's legal status or authorization to work. The commissioner shall promulgate rules in
accordance with the provisions of chapter twenty-nine-a of this
code to safeguard against the release of any confidential or
identifying information that is not necessary for the limited
purpose of enforcing the provisions of this article.
(f) State of West Virginia agencies and political
subdivisions, public contractors and private employers with two
hundred fifty or more employees shall meet verification
requirements not later than January 1, 2010.
(g) Employers with at least one hundred but less than two
hundred fifty employees shall meet verification requirements not
later than January 1, 2011.
(h) Employers with at least thirty but less than one hundred
employees shall meet verification requirements not later than
January 1, 2012.
(i) All employers shall meet verification requirements not
later than January 1, 2013.
NOTE: The purpose of this bill is to require all employers in
West Virginia to verify legal employment status of workers by
requiring employers to register with and utilize the electronic
verification of work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996,
Public Law 104-208, Division C, Section 403(a); 8 USC Section
1324a, and operated by the United States Department of Homeland
Security, known as the E-Verify Program. The bill provides new
definitions and also provides dates by which employers are to meet
the verification requirements.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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