WV: Undocumented Worker Bill Passes Legislature
Undocumented Worker Bill Passes Legislature
http://www.theintelligencer.net:80/comm ... leID=17032
By JOSELYN KING
CHARLESTON, WV — A bill that establishes tough penalties for those who knowingly employ unauthorized workers passed the West Virginia Legislature on Wednesday.
An employer could have their business licenses revoked or suspended if they hire unauthorized workers, it is provided in Senate Bill 70.
‘‘They could lose their right to do business in the state, and they could potentially go to jail,’’ added state Sen. Andy McKenzie, R-Ohio County, who was among the sponsors of the bill.
The House on Wednesday passed SB 70 by a vote of 94-5, with all local legislators voting in favor.
The legislation previously passed the Senate without a “no” vote, and it next moves on to Gov. Joe Manchin for his signature.
“Unauthorized worker” is defined under the legislation as “any person who does not have the legal right to be employed or is employed in violation of law.”
The measure was crafted in response to concerns about illegal immigrants working at local construction sites. It establishes the act of knowingly hiring an unauthorized worker as a felony offense, and those found guilty of committing the crime would be subject to the following penalties:
? For a first offense, a fine of up to $1,000 for each violation.
? For a second offense, a fine of $500 to $5,000 for each violation.
? For a third or subsequent offense, a fine of not less than $1,000 to $10,000, or confinement in jail for 30 days to one year, or both.
Any employer who knowingly provides false records regarding an individual’s legal status or authorization to work is guilty of a misdemeanor. As such, the offender could receive a one-year prison sentence, a fine of up to $2,500, or both.
In addition, an employer who knowingly and willfully and with fraudulent intent sells, transfers or otherwise disposes of substantially all of the employer’s assets for the purpose of evading the record-keeping requirements of this law is guilty of a misdemeanor. If convicted, the offender could be sent to jail for a year and fined up to $10,000.
Ohio County (WV) sheriff’s deputies have detained illegal immigrants following traffic stops on a number of occasions in recent months, McKenzie noted.
“Unless they were breaking the law, they had to be let go because they were not doing anything wrong,” he explained. “But if this vehicle is getting off the roadway to go to work ... , now we can crack down on them.
“We wanted to strengthen the law and crack down on those unauthorized workers going from project to project.”
McKenzie sponsored the legislation along with local Sens. Ed Bowman, D-Hancock, and Jeff Kessler, D-Marshall. Five other senators also signed on to sponsor the legislation.
McKenzie said once a month he, Bowman and Kessler — as well as former Delegate Gil White, R-Ohio County — would sit down with local union leaders to discuss their concerns. The issue of unauthorized workers at local job sites was brought to the lawmakers’ attention.
One of the union leaders at the table was Orphy Klempa with the Mid-Atlantic Regional Council of Carpenters. Klempa, a Democrat, has since been elected to represent Ohio County in the House of Delegates.
He sponsored similar legislation in the House.
House Passes Illegal Worker Bill
House Passes Illegal Worker Bill
http://www.wvva.com/News/index.php?ID=11537
CHARLESTON, W.Va. (AP) -- The House of Delegates has passed a bill that would crack down on employers who hire undocumented workers, but the measure's passage was not without debate.
Some delegates said the measure will conflict with federal immigration law, and could leave West Virginia open to lawsuits.
But supporters of the bill say it isn't primarily aimed at illegal immigrants, but rather at employers who hire workers without the proper documentation needed to labor in West Virginia.
Penalties for violating the law would include fines and the possible loss of a license to run a business. The bill was backed by a number of groups, including labor unions and the Chamber of Commerce.
A similar measure failed to pass the Legislature last year, but supporters said the recent focus on the immigration question changed a lot of lawmakers' minds.
© 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Updated: March 7, 2007, 1:03 pm
