H. B. 4271
(By Mr. Speaker, Mr. Kiss, and Delegates
G. White, Yost, Browning,
Stalnaker and Beane)
[Introduced January 30, 2006; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §21-11-13a, relating
to penalties for employment or use of unauthorized workers by
contractors or subcontractors; empowering the commissioner and
board to issue injunctions for violations; providing for
suspension and permanent revocation of licenses and fines.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §21-11-13a, to read as
follows:
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§21-11-13a. Employment of unauthorized workers; penalties;
suspension of license.
(a) Upon a determination that a contractor, or subcontractor
employed, hired, or used by such contractor, is employing, recruiting, hiring or using an unauthorized worker, or otherwise
violating the provisions of section three, article one-b of this
chapter, the board or commissioner shall issue a cease and desist
order requiring the contractor and subcontractor to immediately
cease all operations in the state. The commissioner or board
issuing the order has the authority to amend or stay the
application of the order pending a hearing on the alleged violation
if the contractor, or subcontractor files a written application to
the commissioner or board demonstrating hardship and ability to
comply with the provisions of article one-b of this chapter.
(b) Notwithstanding the provisions of section five, article
one-b of this chapter, any contractor or subcontractor found to
have employed, hired, recruited or used an unauthorized worker, or
otherwise found to have violated the provisions of section three,
article one-b of this chapter, or a contractor or subcontractor who
has employed, hired, or used a subcontractor which violated those
provisions, shall be subject to the following penalties:
(1) For a first offense, a fine of not less than one hundred
dollars nor more than one thousand dollars;
(2) For a second offense, a fine of not less than one thousand
dollars nor more than two thousand dollars, or suspension of
license for not more than three months, or both;
(3) For a third offense, a fine of not less than two thousand
five hundred dollars nor more than five thousand dollars, and suspension of his or her contractor's license for six months;
(4) For a fourth or subsequent offense, suspension of his or
her contractor's license for not less than one year, or permanent
revocation of the license. In any case, a contractor violating the
provisions of this section for a fourth time shall not have his or
her license restored until the board determines that appropriate
and sufficient safeguards are in place to ensure future violations
will not occur.
(c) For purposes of this section, a contractor who employs,
hires, or uses a subcontractor is liable and responsible for the
actions of any and all violations of the subcontractor who employs,
hires, recruits or uses an unauthorized worker where the contractor
has knowledge or reasonably should know of the employment, hiring,
or use of an unauthorized worker. A contractor's purposeful or
willful ignorance of the actions and employee status of a
subcontractor's employees and workers is not a valid defense to
violations under this section or section three, article one-b of
this chapter.
NOTE: The purpose of this bill is to
provide penalties
including fines and suspension of license against contractors and
subcontractors which employ or use illegal alien workers or other
unauthorized workers.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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