HB 4198: E-Verify Safe Harbor Act - West Virginia

hb4198 sfa morris _2 3-14 adopted.htm → hb4198 sfat morris _1 3-14 adopted.htm · 3 edits

MINOR

The bill was renamed from an amendment to a formal substitute bill, indicating a shift from modifying a committee version to proposing a complete new text. The substantive content remains focused on E-Verify compliance, defining key terms like 'employer' and 'knowingly,' and establishing penalties for hiring unauthorized workers. The new version clarifies the bill's intent to amend specific code sections, remove certain criminal penalties, and revise business license sanctions.

Scope change

The document scope changed from a proposed amendment to a formal substitute bill (HB4198 SFAT Morris #1), which typically represents the final version of the legislation ready for adoption.

TECHNICAL

The document title was updated from 'SFA Morris #2' to 'SFAT Morris #1', reflecting the transition from a committee amendment to a formal substitute bill.

The motion language was changed from moving to 'amend the committee amendment' to moving to 'amend the bill,' indicating the text now serves as the primary legislative proposal rather than a patch.

A detailed summary of the bill's purpose was added, explicitly listing the sections to be amended, repealed, and added, as well as the removal of criminal penalties and revisions to license sanctions.

hb4198 hfat phillips 2-10 adopted.htm → hb4198 sfa morris _2 3-14 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the original E-Verify mandate with a flexible verification system, allowing private employers to choose between using E-Verify or accepting alternative proof of legal status. The amendment also reorganized penalties to impose stricter administrative sanctions, such as contract bans and license revocations, for repeat private employer violations while maintaining criminal penalties for willful false record-keeping.

Scope change

The bill's scope shifted from a mandatory E-Verify requirement for all employers to a dual-option system where private employers can verify eligibility via E-Verify or by requiring specific alternative documents.

REQUIREMENT

Private employers are no longer required to use E-Verify exclusively; they may instead require employees to provide specific proof of legal status, such as a valid passport or work permit.

The original requirement mandating that all employers use the E-Verify system was removed, replaced by the option to use alternative documentation.

A new provision grants the labor commissioner authority to access records from other state agencies, such as the Bureau of Employment Programs and the Division of Motor Vehicles, to verify worker status.

DEFINITION

New definitions were added to clarify terms like 'Employer,' 'Unauthorized worker,' and 'Knowingly,' including a specific definition for 'Private employer' and 'Public employer'.

ENFORCEMENT

Penalties for private employers were restructured to include administrative actions like public notices on the division's website, a two-year ban on state contracts, and permanent license revocation for third offenses.

hb4198 hfa ridenour and coop-gonzalez 2-9 _2 – revised adopted.htm → hb4198 hfat phillips 2-10 adopted.htm · 4 edits

MODERATE

The bill's procedural status changed from a proposed amendment by Delegates Ridenour and Coop-Gonzalez to a final adoption by Delegate Phillips. The original text included specific new sections on unauthorized workers, mandatory E-Verify registration, and escalating civil penalties for violations, but these substantive policy details were removed in the final version. The final text now serves only as a descriptive title summarizing the bill's intent rather than containing the operative legal changes.

Scope change

The bill's scope shifted from a draft amendment containing specific new laws regarding worker verification and penalties to a finalized version that only restates the bill's purpose in the title, with no new substantive provisions added or removed in the final text provided.

REQUIREMENT

Removed a proposed new section requiring employers to register for E-Verify and verify new employees' work authorization.

ENFORCEMENT

Removed proposed civil penalties, including fines up to $2,500 per day and sanctions for repeat violators.

DEFINITION

Removed a proposed definition of 'unauthorized worker' and a list of acceptable proof of legal status.

TECHNICAL

Changed the document from a draft amendment with specific line-item instructions to a final adopted version containing only a descriptive title.

hb4198 hfa ridenour and coop-gonz 2-9 _2 – revised adopted.htm → hb4198 hfa ridenour and coop-gonzalez 2-9 _2 – revised adopted.htm · 2 edits

MINOR

The bill title was updated to include Delegate McGeehan as a co-sponsor, and the version number was changed from #2 to #1. These are administrative updates reflecting the addition of a new sponsor and the revision of the document version, with no substantive changes to the bill's policy, scope, or requirements.

TECHNICAL

Added Delegate McGeehan to the list of bill sponsors in the title.

Updated the document version identifier from #2 to #1 to reflect the new revision.

hb4198 hfa leavitt 2-10 _1 - revised adopted.htm → hb4198 hfa ridenour and coop-gonz 2-9 _2 – rev adopted.htm · 5 edits

MODERATE

The amendment replaced a proposal to lower fines with a comprehensive new framework that mandates E-Verify for all employers, defines specific documents as proof of legal work status, and establishes escalating penalties including public shaming, contract bans, and permanent license revocation for repeat violators.

Scope change

The bill's scope expanded from a simple fine adjustment to a broad regulatory regime covering all employers within the state, including new requirements for provisional employment and record-keeping.

REQUIREMENT

Added a mandatory requirement for all employers to register for and use the federal E-Verify system to verify employee work authorization.

Required employers to provisionally employ new hires until their work authorization is verified, even if employment ends within three days.

DEFINITION

Defined specific documents (e.g., valid passport, birth certificate, work permit) that constitute proof of legal status or authorization to work.

ENFORCEMENT

Replaced a proposed fine reduction with a tiered enforcement system where second violations lead to public notices and contract bans, and third violations result in permanent business license revocation.

Added a provision stating that employers who do not use E-Verify cannot claim any legal defenses or reductions in penalties.

hb4198 hfa green 2-9 _1 adopted.htm → hb4198 hfa leavitt 2-10 _1 - revised adopted.htm · 3 edits

MINOR

The bill's amendment process was revised to replace a proposed rule allowing employers a 20-day grace period to verify new employees' work authorization with a stricter requirement to verify immediately. Additionally, the bill now mandates formal due process hearings before the commissioner can impose penalties, and the fine amount for violations was reduced to a flat $500.

Scope change

The enforcement scope was narrowed by requiring specific procedural steps (hearings) before penalties can be applied, and the financial penalty for violations was lowered.

REQUIREMENT

Replaced a 20-day grace period for verifying new employee work authorization with an immediate verification requirement.

ENFORCEMENT

Added a requirement for the commissioner to provide notice and an opportunity for a hearing before imposing penalties.

FISCAL

Reduced the potential fine for violations from a range of $500 to $2,500 to a flat fee of $500.

hb4198 s jud am _1 3-11 adopted.htm → hb4198 hfa green 2-9 _1 adopted.htm · 3 edits

MINOR

The bill was amended to clarify the rules for private employers when an employee's work authorization cannot be immediately verified. The new language allows employers to continue employing a worker for up to 20 calendar days after discovering a verification failure, provided they initiate the federal verification process within two business days. This change replaces previous ambiguous language regarding provisional employment and sets a specific deadline for terminating employees who cannot be verified within that window.

Scope change

The amendment specifically targets private employers and clarifies the timeline and conditions under which they may continue employing a worker whose legal status has not yet been confirmed by the federal E-Verify system.

REQUIREMENT

Replaced general language about provisional employment with a specific 2-day initiation and 20-day maximum employment window for workers whose authorization cannot be immediately verified.

TIMELINE

Established a strict 20-calendar-day limit for continuing employment after a verification failure, requiring termination if authorization is not confirmed by then.

TECHNICAL

Clarified that employers must initiate the federal verification process within two business days of discovering an authorization issue.

Committee Substitute → hb4198 s jud am _1 3-11 adopted.htm · 8 edits

MODERATE

The bill was amended by the Judiciary Committee to significantly expand E-Verify requirements and penalties. The changes redefine who must use the system, increase fines for record-keeping failures, and add new consequences for employers who hire unauthorized workers, including public posting of violations and bans on state contracts.

Scope change

The bill now explicitly requires both private and public employers to register for and use E-Verify, whereas the original text focused primarily on private employers. It also clarifies that public employers are subject to the same verification rules.

DEFINITION

Added a specific definition for 'Private employer' to clarify that businesses required to have a state license and employing federal-mandated workers must comply.

REQUIREMENT

Added a requirement for all public and private employers to register and create an E-Verify account.

Added a 'safe harbor' provision stating that employers who use E-Verify and receive a clearance have a defense against claims of hiring unauthorized workers.

ENFORCEMENT

Increased the fine for failing to maintain records from a flat $100 to a tiered system ranging from $100 to $10,000 depending on the number of offenses.

Added new penalties for second and third violations, including public posting of the violation on the division's website and a ban on bidding for state contracts for up to two years.

Added a provision making employers ineligible for public-private partnerships for at least three years if they knowingly violate the law.

Added a penalty stating that employers who do not use E-Verify are not eligible for any mitigation, reduction, or leniency in penalties.

ELIGIBILITY

Added exemptions for private employers who have been in business for fewer than five years, employ fewer than 50 full-time employees on average, or are sole proprietors.

Engrossed Committee Substitute → Committee Substitute · 4 edits

MODERATE

This bill was amended to remove the requirement for employers to register and create an E-Verify account, effectively making E-Verify optional rather than mandatory. The penalties for violations were also reduced, with the maximum fine for a first offense lowered from $1,000 to $500 and the duration of contract bans for repeat offenders shortened from two years to one year. The bill now frames E-Verify as a 'safe harbor' that protects employers from penalties if they choose to use it, rather than a mandatory compliance tool.

Scope change

The bill's scope shifted from requiring all employers to use E-Verify to allowing employers to opt-in, removing the specific mandate for employer registration and account creation.

REQUIREMENT

Removed the mandatory requirement for employers to register and create an E-Verify employer account.

ENFORCEMENT

Reduced the maximum fine for a first violation of employment laws from $1,000 to $500.

Shortened the ban on state contracts for a second violation from two years to one year.

DEFINITION

Changed the legal status of E-Verify from a mandatory verification system to an optional 'safe harbor' that provides an affirmative defense against penalties.

Introduced Version → Engrossed Committee Substitute · 7 edits · Mar 14, 2026

MODERATE

The bill was revised from an 'Introduced' draft to an 'Engrossed Committee Substitute' version, significantly altering its structure and penalties. The new version adds specific definitions for 'E-Verify' and 'unauthorized worker,' clarifies that employers must register for the system, and introduces a tiered penalty structure with fines ranging from $100 to $10,000 plus potential jail time. It also establishes a formal process for license suspension or revocation for repeat offenders and creates an affirmative defense for employers who use E-Verify in good faith.

Scope change

The bill's scope expanded to explicitly include the requirement for employers to register and create an E-Verify account, while the applicability of penalties was refined to focus on knowing and willful violations of the verification process.

DEFINITION

Added specific definitions for 'E-Verify' as a federal program operated by DHS and clarified the definition of 'unauthorized worker'.

REQUIREMENT

Added a mandatory requirement for all employers to register and create an E-Verify employer account.

Modified the verification timeline to allow employers up to 20 calendar days to complete verification after discovering an issue, rather than an immediate ban.

ENFORCEMENT

Replaced the previous investigation section with a detailed tiered penalty system: first offenses result in warnings, second offenses trigger public notices and contract bans, and third offenses lead to license revocation.

Introduced an affirmative defense allowing employers to avoid penalties if they can prove they used E-Verify in good faith to verify an employee's status.

Removed the previous investigation section that allowed anonymous complaints and prohibited investigations based on discriminatory factors.

ELIGIBILITY

Added a prohibition on employers utilizing mitigation or leniency if they do not use the federal E-Verify system at the time of hiring.

E-Verify Safe Harbor Act

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