ENGROSSED
Senate Bill No. 560
(By Senators Mitchell, Wooton, Caldwell, Hunter, Kessler, Minard,
Redd, Rowe, Snyder and Facemyer)
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[Originating in the Committee on the Judiciary;
reported February 8, 2002.]
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A BILL to amend and reenact article one-b, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended, relating to reporting of alien workers
employed in West Virginia; findings; definitions;
recordkeeping; and penalties.
Be it enacted by the Legislature of West Virginia:
That article one-b, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 1B. REPORTING OF EMPLOYMENT OF ALIEN WORKERS.
§21-1B-1. Findings; policy.
The Legislature finds that employers have the responsibility
to check the residence status of their prospective employees and
are precluded from hiring illegal aliens and can be penalized for
doing so. Additionally, employers owe a duty to the legal residents of the state to uphold the intent and integrity of the
general workforce due to the potential loss of revenue to the state
by loss of taxes, unemployment premiums and workers compensation
premiums.
§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) "Alien" means any individual who is not a natural born or
naturalized citizen of the United States; and
(d) "Records" means those records as may be required by the
commissioner of labor for the purposes of compliance with the
provisions of this article.
§21-1B-3. Unauthorized aliens; employment prohibited.
(a) It is unlawful for any employer to employ, hire, recruit,
or refer, either for him or herself or on behalf of another, for
private or public employment within the state, an alien who is not
duly authorized to work by the immigration laws or the attorney
general of the United States.
(b) 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.
(c) 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 visa, a valid birth
certificate, a valid passport, a valid photo identification card
issued by a government agency, valid permits issued by the
department of justice or other valid document providing evidence of
legal residence or authorization to work in the United States:
Provided, That for an alien, such identification must include some
form of photo identification.
§21-1B-4. Record-keeping requirements; employer compliance.
Every employer, firm and corporation shall make such records
of the persons he or she employs including records of proof of the
legal status or authorization to work of all employees. Such
records shall be preserved pursuant to the provisions of section
five, article five-c of this chapter and shall be maintained at the
place of employment. Pursuant to section three, article one of
this chapter, such records shall be made available to the
commissioner or his or her authorized representative for inspection
and investigation as the commissioner deems necessary and
appropriate for the purposes of determining whether any employer firm or corporation has violated any provision of this article
which may aid in the enforcement of the provisions of this article.
§
21-1B-5.
Penalties.
(a) The first violation of the provisions of this article is
a misdemeanor and, upon conviction thereof, a employer shall be
fined not less than one hundred dollars nor more than one 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 shall be deemed to have knowingly
violated the provisions of this article and shall be guilty of a
misdemeanor and shall be fined not less than five hundred or more
than five thousand dollars for each violation.
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