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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MUSTIO, BARRAR, BELFANTI, CASORIO, CLYMER, CREIGHTON, CRUZ, DENLINGER, EVERETT, FLECK, GEIST, GIBBONS, HARRIS, HICKERNELL, METCALFE, MILLARD, MILLER, MOUL, O'NEILL, READSHAW, REICHLEY, SEIP, SOLOBAY, SWANGER, TRUE, TURZAI AND VULAKOVICH, JUNE 24, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 24, 2009 |
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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. |
12 | Section 4. Sanction. |
13 | (a) Revocation.--If a licensing board or licensing |
14 | commission finds that a licensee has violated section 3, it |
15 | shall revoke the license of the licensee. |
16 | (b) Administrative agency law.--This section shall be |
17 | subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and |
18 | procedure of Commonwealth agencies) and 7 Subch. A (relating to |
19 | judicial review of Commonwealth agency action). |
20 | Section 5. Affirmative defense. |
21 | It shall be an affirmative defense to any proceeding for a |
22 | violation of this act that a licensee: |
23 | (1) complied with section 274A of the Immigration and |
24 | Nationality Act (Public Law 99-603, 8 U.S.C. § 1324a) with |
25 | respect to hiring, recruiting or referring an individual for |
26 | employment in the United States; or |
27 | (2) required a contractor of the licensee to certify |
28 | compliance with section 274A of the Immigration and |
29 | Nationality Act with respect to hiring, recruiting or |
30 | referring an individual for employment in the United States, |
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1 | and has notified the appropriate Federal authority if the |
2 | licensee knew that the contractor employed an unauthorized |
3 | alien. |
4 | Section 6. Effective date. |
5 | This act shall take effect in 60 days. |
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