HOUSE CONCURRENT RESOLUTION NO. 69
(By Delegates Kominar, Barker, Butcher, Caputo, Fleischauer,
Guthrie, Klempa, Mahan, Manypenny, Marshall, Martin, Paxton,
Shaver, Skaff, Walker, Andes, Blair, Hamilton, McGeehan, Miller,
C., Schoen, Shott, and Sobonya)
(Originating in the Committee on Energy, Industry, and Labor and
Economic Development and Small Business, reported April 3, 2009)
Requesting the Joint Committee on Government and Finance study the
feasibility of the utilization of the electronic verification
of work authorization program of the Illegal Immigration
Reform and Immigration Responsibility Act of 1996, Public Law
104-208, Division C, Section 403(a), 8 USC Section 1324a, and
operated by the United States Department of Homeland Security,
known as the E-Verify Program with the West Virginia
"Verifying Legal Employment Status of Workers" statute.
Whereas, The work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996,
Public Law 104-208, Division C, Section 403(a), 8 USC Section
1324a, and operated by the United States Department of Homeland
Security, known as the E-Verify Program, utilizes an electronic status verification system to determine the status of legal and
unauthorized workers or aliens employed in the United States; and
Whereas, There are an alarmingly large number of unauthorized
workers or aliens, otherwise known as illegal workers or aliens,
employed throughout the United States and West Virginia in
violation of existing laws. West Virginia has an existing statute
known as the Verifying Legal Employment Status of Workers Act
whereby it is unlawful to knowingly hire or employ an authorized
worker. The statute requires employers to verify the legal status
or authorization of a prospective employee prior to employment; and
Whereas, Our national security and compliance with existing
laws relating to the verification of the status of prospective
employees as to their citizenship or authorization to seek
employment in West Virginia would best be served by utilization of
the status verification system and ensure that West Virginia
employers only hire employees who are legal citizens of the United
States or are legal or authorized aliens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of the utilization of the
electronic verification of work authorization program of the
Illegal Immigration Reform and Immigration Responsibility Act of
1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section
1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program with the West Virginia
statute relating to verifying the legal employment status of
prospective workers or employees in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.