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Introduced Version House Bill 4549 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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