Senate Bill No. 269
(By Senators Wiedebusch and Schoonover)
[Originating in the Committee on Finance;
reported February 28, 1996.]
A BILL to amend and reenact sections five, seven, ten, eleven,
twelve and fourteen, article two, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to private employment agencies;
rules promulgated by the tax commissioner; requiring private
employment agents to be licensed; the annual license tax;
revocation of licenses; required records and reports; right
of entry of tax commissioner; and providing criminal
Be it enacted by the Legislature of West Virginia:
That sections five, seven, ten, eleven, twelve and fourteen,
article two, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 2. EMPLOYMENT AGENCIES.
§21-2-5. Rules promulgated by the tax commissioner.
commissioner of labor tax commissioner shall prescribe
such promulgate any legislative rules and regulations in
accordance with article three, chapter twenty-nine-a of this code
as may be are necessary for the supervision of employment agents.
§21-2-7. License required; displaying license; annual tax.
No employment agent
shall may engage in the business for
profit or receive any fee, charge, commission or other
compensation, directly or indirectly, for services as an
employment agent, without first having obtained a license
therefor to operate as an employment agent from the state tax
commissioner. Such license shall not be issued until the
commissioner of labor shall have approved in writing the
application therefor, and, when issued, such This license shall
constitute constitutes a license from the state to operate as an
employment agent for compensation and shall is not be
transferable. Such The license shall at all times be kept posted
in a conspicuous place at the employment agent's place of business. of such employment agent Every employment agent
shall pay the annual license tax provided for in article twelve,
chapter eleven of this code.
§21-2-10. Revocation of license.
The state tax commissioner may revoke any license issued
under the provisions of this article, with or without hearing,
and may order
such the license to be returned for cancellation,
if the employment agent has violated any of the provisions of
this article or the rules and regulations issued thereunder
promulgated under this article, or if any cause appears for which
a license might have been refused. or if the commissioner of
labor shall, in writing, report to the tax commissioner any such
violation or cause§21-2-11. Records to be kept; reports to tax commissioner.
A record of all persons directed to employment shall be kept
by every employment agent.
such The records shall set forth the
name, age, nationality and material state of each applicant, and
also the name of the employer, the kind of work and the pay. A
copy of this record for each month shall be sent to the
commissioner of labor tax commissioner on or before the tenth day
of the month immediately succeeding the month covered by such the record. Every employment agent shall file with the commissioner
of labor tax commissioner a copy of the schedule of all fees and
such other notices or information as the commissioner may require
and in such the form and manner as he or she may prescribe.
§21-2-12. Tax commissioner may enter offices and examine
For the purpose of enforcing this article and the rules
regulations issued thereunder promulgated under this article, the
commissioner of labor tax commissioner, or his or her duly
authorized agent, may at any time enter any employment office, or
place of business of an employment agent or any premises occupied
as an employment office, and may inspect the registers, cards or
other records of such the employment agent.
§21-2-14. Offenses; penalties; jurisdiction.
Any employment agent, as defined in this article, carrying
on the business of an employment agency, without first fully
complying with the provisions
thereof, shall be deemed of this
article is guilty of a misdemeanor, and shall, upon conviction
thereof, be fined not less than one hundred nor more than five
hundred dollars for each offense, or the person, or any member of
a firm, or the officer or agent of any corporation, so acting as an employment agent may be imprisoned not less than thirty days
nor more than six months, or both, at the discretion of the
court. and any Any such employment agent violating any other
provision of this article or any rule or regulation prescribed
promulgated by the commissioner of labor tax commissioner
pursuant to the provisions of this article, shall be is guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than fifty nor more than two hundred dollars, or the person
or any member of a firm or the officer or agent of any
corporation so violating, may be imprisoned for not more than
thirty days, or both fined and imprisoned. A justice of the
peace shall have magistrate has concurrent jurisdiction with the
circuit court and other courts having criminal jurisdiction for
the trial of offenses under this article.
(NOTE: The purpose of this bill is to amend those sections
of the employment agencies act necessary to transfer all aspects
of licensure and regulation of private employment agencies to the
state tax commissioner, who currently possesses the licensure
authority, but shares rule-making, approval and inspection
authority with the commissioner of labor.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)