H. B. 4549
(By Delegates Stevens, Sobonya, Sumner,
Tansill, Carmichael and Howard)
[Introduced February 14, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §21-1B-5 of the Code of West Virginia,
1931, as amended, relating to increasing penalties for
employers that fail to verify workers' legal employment
status.
Be it enacted by the Legislature of West Virginia:
That §21-1B-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.
§21-1B-5.
Penalties.
(a) The first violation of the provisions of this article is
a misdemeanor and, upon conviction thereof, an employer shall be
fined not less than one
hundred thousand dollars nor more than
one
ten thousand dollars for each violation.
(b) Any employer who has previously been convicted of a
violation of this article and who thereafter violates the provisions of this article
a second time shall be deemed is
considered to have knowingly violated the provisions of this
article and
shall be is guilty of a misdemeanor and shall be fined
not less than
five hundred ten thousand dollars or more than
five
twenty thousand dollars for each violation.
(c) Any employer who has previously been convicted of a
violation of this article and who thereafter violates the
provisions of this article a third or any subsequent time is
considered to have knowingly violated the provisions of this
article and is guilty of a misdemeanor and shall have all licenses
and privileges to do business in this state revoked for a period
not to exceed one year.
NOTE: The purpose of this bill is to increase penalties for
employers that fail to verify workers' legal employment status.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.