Senate Bill No. 540
(By Senators Hunter, Dempsey, McCabe, Rowe, Prezioso, Unger,
Caldwell, Kessler, Minard, White, Love and Fanning)
[Introduced February 14, 2003; referred to the Committee on
Labor; and then to the Committee on the Judiciary.]
A BILL to amend and reenact sections one, two and three, article
one-b, chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
reporting of unauthorized workers employed in West Virginia;
findings; definitions; and recordkeeping.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article one-b, 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
ARTICLE 1B. REPORTING OF EMPLOYMENT OF UNAUTHORIZED WORKERS.
§21-1B-1. Findings; policy.
The Legislature finds that employers have the responsibility
to check the residence status of their prospective employees and to verify the legal employment status of all persons who come into
their employ and to report such employment to the appropriate
agencies of state and local government. Employers are precluded
from hiring illegal aliens unauthorized workers 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'
(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
"Alien" means any individual who is not a natural born or
naturalized citizen of the United States "Unauthorized worker"
means a person who does not have the legal right to be employed, or
is employed in violation of law; 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 workers; 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 a person who is not duly authorized to
be employed by law or who is employed in violation of law.
(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
(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 work permit or supervision authorized by
the state division of labor, 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.
NOTE: The purpose of this bill is to make technical
corrections to the reporting of employment of unauthorized workers to bring current state law into compliance with federal law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicate new language that would