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Introduced Version
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Key:
Green
= existing Code.
Red
= new code to be enacted
WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
FISCAL NOTE
Introduced
House Bill 4486
By Delegates Ridenour, Martin, Butler, Mazzocchi, Hillenbrand, B. Ward, Holstein, Jennings, Kump, Maynor, and Masters
[Introduced January 19, 2026; referred to the Committee on Government Organization]
A BILL to amend and reenact §21-1B-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting companies and organizations from knowingly hiring illegal aliens and establishing fines for violations.
Be it enacted by the Legislature of West Virginia:
Article 1B. verifying legal employment status of workers.
§21-1B-5. Penalties.
(a) Any employer who knowingly and willfully fails to maintain records as required by section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined
$100
$200
for each offense. Failure to keep records on each employee constitutes a separate offense.
(b) Any employer who knowingly violates the provisions of section three of this article by employing, hiring, recruiting or referring an unauthorized worker is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For a first offense, a fine of not less than
$100
$1,000
nor more than
$1,000
$10,000
for each violation;
(2) For a second offense, a fine of not less than
$500
$5,000
nor more than
$5,000
$20,000
for each violation;
(3) For a third or subsequent offense, a fine of not less than
$1,000
$10,000
nor more than
$10,000
$30,000
,
or
and
confinement in jail for not less than 30 days nor more than one year
,
or both
.
(c) Any employer who knowingly and willfully provides false records as to the legal status or authorization to work of any employee to the commissioner or his or her authorized representative is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not
less than 30 days nor
more than one year
or
and
fined not
more
less than
$2,500
$1,000 nor more than $5,000.
or both.
(d) Any 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 section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail
not less than 30 days
not
nor
more than one year
or
and
fined not
more
less
than
$10,000,
$20,000.
or both.
NOTE: The purpose of this bill is to establish stricter penalties for any company or organization that knowingly hires an illegal alien.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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