Senate Bill No. 106
(By Senators Hunter, Minard, Prezioso, Kessler, Wells and Guills)
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[Introduced January 17, 2006; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §21-1B-5 of the Code of West Virginia,
1931, as amended, relating to penalties for employers who hire
undocumented workers; increasing the penalty for a first
violation to include a two-year probationary period; and
increasing the penalty for a second violation to mandate a
five thousand-dollar fine as well as a five-year probationary
period.
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 dollars nor more than one thousand dollars for each violation
and shall be placed on probation for a
period of two years. During this probationary period, the employer
must verify each new employee's legal employment status, as defined
in section three-c of this article, through the West Virginia
Bureau of Employment Programs, prior to employment.
(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.
The convicted
employer shall be placed on probation for a period of five years.
During this probationary period, the employer must verify each new
employee's legal employment status, as defined in section three-c
of this article, through the West Virginia Bureau of Employment
Programs, prior to employment.
NOTE: The purpose of this bill is to increase penalties for
employers who hire undocumented workers by increasing the penalty
for a first violation to include a two-year probationary period,
and by increasing the penalty for a second violation to mandate a
five-thousand dollar fine as well as a five-year probationary
period.
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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