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| PRIOR PRINTER'S NOS. 410, 2502 | PRINTER'S NO. 2732 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MUSTIO, METCALFE, BARRAR, CLYMER, DENLINGER, EVERETT, GABLER, GEIST, KAUFFMAN, LONGIETTI, METZGAR, MILLARD, MILLER, MURT, O'NEILL, PYLE, READSHAW, SWANGER, VULAKOVICH, WATSON, GILLEN, MILNE, HEFFLEY AND MALONEY, FEBRUARY 4, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 14, 2011 |
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| AN ACT |
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1 | Prohibiting certain licensees from knowingly employing illegal |
2 | aliens; and imposing sanctions. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Professional |
7 | Licensees Illegal Employment Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Licensee." An individual, corporation, partnership, limited |
13 | liability company or other legal entity that holds a license |
14 | issued by a licensing board or licensing commission. |
15 | "Licensing board." A departmental or administrative board |
16 | under the Bureau of Professional and Occupational Affairs in the |
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1 | Department of State. |
2 | "Licensing commission." A departmental or administrative |
3 | commission under the Bureau of Professional and Occupational |
4 | Affairs in the Department of State. |
5 | "Unauthorized alien." An alien who does not have the legal |
6 | right or authorization under Federal law to work in the United |
7 | States, as defined under section 274A of the Immigration and |
8 | Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a(h)(3)). |
9 | Section 3. Prohibition. |
10 | No licensee shall knowingly employ or permit the employment |
11 | of an unauthorized alien to perform a function for or in | <-- |
12 | connection with: |
13 | (1) the profession that the licensee is licensed to |
14 | practice; or |
15 | (2) a business activity: |
16 | (i) in which the licensee engages; and |
17 | (ii) which is related to the profession that the |
18 | licensee is licensed to practice in terms of services |
19 | provided. |
20 | Section 4. Sanction. |
21 | (a) Revocation.--If a licensing board or licensing |
22 | commission finds that a licensee has violated section 3, it |
23 | shall revoke the license of the licensee. |
24 | (b) Administrative agency law.--This section shall be |
25 | subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and |
26 | procedure of Commonwealth agencies) and 7 Subch. A (relating to |
27 | judicial review of Commonwealth agency action). |
28 | (c) A licensing board or licensing commission shall verify |
29 | the work authorization of an alleged unauthorized alien with the |
30 | Federal Government pursuant to section 642(c) of the Illegal |
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1 | Immigration Reform and Immigrant Responsibility Act of 1996 |
2 | (Public Law 104-208, 8 U.S.C. § 1373(c)). A licensing board or |
3 | licensing commission shall not attempt to independently make a |
4 | final determination on whether an alien is authorized to work in |
5 | the United States. An alien's immigration status or work |
6 | authorization status shall be verified with the Federal |
7 | Government pursuant to SECTION 642(c) of the Illegal Immigration |
8 | Reform and Immigrant Responsibility Act of 1996. |
9 | Section 5. Affirmative defense. |
10 | It shall be an affirmative defense to any proceeding for a |
11 | violation of this act that a licensee: |
12 | (1) complied with section 274A of the Immigration and |
13 | Nationality Act (Public Law 99-603, 8 U.S.C. § 1324a) with |
14 | respect to hiring, recruiting or referring an individual for |
15 | employment in the United States; or |
16 | (2) required a contractor of the licensee to certify |
17 | compliance with section 274A of the Immigration and |
18 | Nationality Act with respect to hiring, recruiting or |
19 | referring an individual for employment in the United States, |
20 | and has notified the appropriate Federal authority if the |
21 | licensee knew that the contractor employed an unauthorized |
22 | alien. |
23 | Section 6. Effective date. |
24 | This act shall take effect in 60 days. |
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