The bill amends various sections of the Code of West Virginia regarding the E-Verify employment verification system, which is designed to ensure that employers verify the legal work authorization of their employees. Key provisions include the requirement for all employers to register and create an E-Verify account, and to verify a new employee's work authorization before employment. The bill also establishes exceptions for employers who hired employees prior to the amendment or are not required to verify under federal law. Additionally, it outlines the penalties for non-compliance, including increased fines for failing to maintain records and stricter sanctions for knowingly employing unauthorized workers.

Significant changes include the repeal of a section that denied deductible business expenses and the introduction of an affirmative defense for employers who utilize the E-Verify system, which protects them from penalties related to hiring unauthorized workers. The bill also specifies that employers who do not use E-Verify will not receive leniency in penalties and will face stricter consequences for violations. Overall, the legislation aims to enhance the enforcement of employment verification laws while providing a structured process for compliance and penalties.

Statutes affected:
Introduced Version: 21-1B-2, 21-1B-3, 21-1B-4, 21-1B-9, 21-1B-10, 21-1B-11, 21-1B-12, 21-1B-13
Committee Substitute: 21-1B-2, 21-1B-5, 21-1B-7, 21-1B-6
Engrossed Committee Substitute: 21-1B-2, 21-1B-3, 21-1B-5, 21-1B-7, 21-1B-6