SENATE AMENDED

PRIOR PRINTER'S NO. 3201 PRINTER'S NO. 3591

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2648

Session of

2022

INTRODUCED BY LAWRENCE, COX, SCHLEGEL CULVER, GROVE, HENNESSEY,

JAMES, JONES, R. MACKENZIE, MILLARD, B. MILLER, MOUL,

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in Office of State Inspector General, further

providing for powers, purpose and duties and for criminal

charges.; REPEALING PROVISIONS RELATING TO COORDINATION OF

COMMONWEALTH COMMUNITY SERVICE PROGRAMS; PROVIDING FOR

PENNSERVE AND FOR PUBLIC WORKS EMPLOYMENT VERIFICATION;

ESTABLISHING THE PUBLIC WORKS EMPLOYMENT VERIFICATION

ACCOUNT; AND MAKING A RELATED REPEAL.

1929, are amended by adding paragraphs to read:

SECTION 1. SECTION 503-A(C) OF THE ACT OF APRIL 9, 1929

(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS

AMENDED BY ADDING PARAGRAPHS TO READ:

Section 503-A. Powers, purpose and duties.

* * *

(c) Duties.--The State Inspector General shall:

paragraph, appoint agents NO LATER THAN MAY 1, 2023, PROVIDE

Compensation Law, including supplemental or extended

unemployment compensation benefits programs administered by

the Department of Labor and Industry under section 608 of the

Unemployment Compensation Law. This paragraph shall expire

December 31, 2026. THE REPORT SHALL BE DONE IN CONSULTATION

WITH THE DEPARTMENT OF LABOR AND INDUSTRY AND SHALL INCLUDE:

(I) THE ESTIMATED NUMBER OF AGENTS NECESSARY TO

(II) THE ESTIMATED COST FOR PERSONNEL, EQUIPMENT AND

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(V) ANY FEDERAL OR STATE LAWS, REGULATIONS OR

(VI) AN ESTIMATE OF THE AMOUNT OF FRAUDULENT

(V) THE MAJORITY LEADER OF THE HOUSE OF

(VI) THE MINORITY LEADER OF THE HOUSE OF

(VII) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

(VIII) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

(IX) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

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Section 506-A. Criminal charges.

Notwithstanding any other provision of law, the State

Inspector General shall have the power to investigate and may

file criminal charges for a violation of any of the following:

deception).

(D) Section 4120 (relating to identity theft).

(E) Section 4911 (relating to tampering with

public records or information).

(F) Section 7611 (relating to unlawful use of

computer and other computer crimes).

(ii) This paragraph shall expire December 31, 2026.

(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

Unemployment Compensation Law. This paragraph shall expire

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COORDINATION OF COMMONWEALTH

COMMUNITY SERVICE PROGRAMS

SECTION 2201-B. DEFINITIONS.--THE FOLLOWING WORDS AND

PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN

TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES

OTHERWISE:

"BOARD" MEANS THE COMMUNITY SERVICE ADVISORY BOARD.

"COMMUNITY-BASED AGENCY" MEANS A PRIVATE, NONPROFIT

ORGANIZATION THAT IS REPRESENTATIVE OF A COMMUNITY OR A

SIGNIFICANT SEGMENT OF A COMMUNITY THAT IS ENGAGED IN MEETING

WITH LOW INCOMES.

(3) EDUCATIONAL DEVELOPMENT, INCLUDING, BUT NOT LIMITED TO,

LITERACY TRAINING, ADULT BASIC EDUCATION COURSES AND INSTRUCTION

IN JOB SEARCH SKILLS AND JOB APPLICATION SKILLS.

(4) IMPROVEMENT ACTIVITIES ON PUBLIC LANDS OR FACILITIES.

(5) PROJECTS OR ACTIVITIES CALCULATED TO IMPROVE PUBLIC

HEALTH, SAFETY AND WELFARE DEVELOPED BY THE BOARD.

(6) EDUCATIONAL ACTIVITIES, THROUGH A PENNSYLVANIA EDUCATION

SYSTEM OR A COMMUNITY OR GOVERNMENTAL ENTITY, THAT INSTILL AN

ETHIC OF CIVIC RESPONSIBILITY AND CITIZENSHIP IN ALL

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(PENNSERVE) WITHIN THE DEPARTMENT OF LABOR AND INDUSTRY.

SECTION 2202-B. GOVERNOR'S OFFICE OF CITIZEN SERVICE

(PENNSERVE) ESTABLISHED.--(A) THERE IS HEREBY ESTABLISHED

WITHIN THE DEPARTMENT THE GOVERNOR'S OFFICE OF CITIZEN SERVICE

(PENNSERVE).

(B) THE DEPARTMENT SHALL PROVIDE STAFF, SPACE, EQUIPMENT AND

SUPPLIES FOR THE OFFICE TO DISCHARGE ITS DUTIES.

SECTION 2203-B. RESPONSIBILITIES OF OFFICE.--(A) THE

PREDOMINANT, BUT NOT THE SOLE RESPONSIBILITY OF THE OFFICE SHALL

BE TO COORDINATE THE DEVELOPMENT AND IMPLEMENTATION OF COMMUNITY

PEOPLE IN SERVICE OPPORTUNITIES THAT WILL BENEFIT PENNSYLVANIA

WHILE OFFERING OUR YOUNG PEOPLE LITERACY SKILLS AND IMPROVED JOB

SKILLS. PENNSERVE SHALL BUILD ON THE EXISTING ORGANIZATIONAL

FRAMEWORK OF STATE, LOCAL AND COMMUNITY-BASED PROGRAMS AND

AGENCIES TO EXPAND FULL-TIME AND PART-TIME SERVICE OPPORTUNITIES

FOR ALL CITIZENS, BUT PARTICULARLY YOUTH.

(D) ALL COMMONWEALTH DEPARTMENTS, AGENCIES, BOARDS,

COMMISSIONS AND INSTRUMENTALITIES SHALL SHARE INFORMATION AND

COOPERATE WITH THE OFFICE TO ENABLE IT TO PERFORM THE FUNCTIONS

ASSIGNED TO IT IN THIS ARTICLE.

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POLITICAL SUBDIVISION IS PROHIBITED.

SECTION 2204-B. COMMONWEALTH DEPARTMENTS AND AGENCIES.--THE

OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:

(1) (I) TO DEVELOP JOINTLY WITH THE DEPARTMENT OF EDUCATION

AND THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY A PLAN

UNDER WHICH AT LEAST TEN PER CENTUM (10%) OF THE FUNDS AVAILABLE

UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF 1965 (PUBLIC LAW

89-329, 79 STAT. 1219) MAY BE USED TO PERMIT STUDENTS TO PERFORM

COMMUNITY SERVICE. THE OFFICE SHALL ASSIST THE DEPARTMENT OF

EDUCATION AND THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE

THIRTY (30) HOURS OF COMMUNITY SERVICE EACH YEAR. THE PLAN SHALL

INCLUDE TUITION REIMBURSEMENT OR ACADEMIC COURSE CREDIT OR

TUITION REIMBURSEMENT AND ACADEMIC COURSE CREDIT FOR STUDENTS

WHO PERFORM COMMUNITY SERVICE.

(2) TO COOPERATE WITH THE DEPARTMENT OF COMMUNITY AFFAIRS TO

PRODUCE THE FOLLOWING:

(I) A PLAN TO ADVISE LOCAL GOVERNMENTS OF THE PROCEDURE FOR

ESTABLISHING COMMUNITY SERVICE PROGRAMS. THE PLAN SHALL INCLUDE

CREATION OF A DATA BASE THAT WILL ENABLE LOCAL GOVERNMENTS TO

SHARE INFORMATION WITH EDUCATIONAL INSTITUTIONS, COMMUNITY-BASED

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THE DESIRABILITY OF HAVING PARTICIPANTS IN COMMUNITY SERVICE AND

RECIPIENTS OF COMMUNITY SERVICE SERVE ON THE GOVERNING BOARD OF

COMMUNITY-BASED AGENCIES.

(3) TO WORK JOINTLY WITH THE DEPARTMENT OF CORRECTIONS AND

THE STATE BOARD OF EDUCATION TO FORMULATE AND IMPLEMENT A

PROJECT TO ENCOURAGE CHILDREN ADJUDICATED DELINQUENT FOR

COMMISSION OF NONVIOLENT OFFENSES TO PERFORM COMMUNITY SERVICE

FOR LOCAL GOVERNMENTS AND SCHOOL DISTRICTS. THE PROJECT SHALL

INCLUDE AN EVALUATIVE AND REFLECTIVE COMPONENT.

(4) TO COOPERATE WITH THE DEPARTMENT OF EDUCATION TO

PROGRAMS.

(II) TO MEET AND CONSULT WITH OTHER BUREAUS AND OFFICES OF

THE DEPARTMENT TO ENHANCE THE QUALITY AND EFFICIENCY OF JOB

TRAINING PROGRAMS.

(6) TO ASSIST THE DEPARTMENT OF ENVIRONMENTAL RESOURCES IN

INCORPORATING THE GOALS OF PROTECTING THE ENVIRONMENT, PROMOTING

RECREATIONAL FACILITIES AND RESTORING PUBLIC PARKS INTO THE

MISSION OF THE PENNSYLVANIA CONSERVATION CORPS.

(7) TO WORK WITH THE DEPARTMENT OF AGING TO PRODUCE THE

FOLLOWING RESULTS:

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HUMAN RESOURCES OF YOUNGER PENNSYLVANIANS WITH THE HUMAN

RESOURCES OF OLDER PENNSYLVANIANS TO EXPAND INTERGENERATIONAL

PROGRAMS SO AS TO COMBINE THE ENERGY, WISDOM, STRENGTH AND TIME

OF BOTH OUR YOUNGER AND OLDER POPULATION IN ORDER TO ADDRESS

VITAL SOCIAL NEEDS.

(8) TO DEVELOP WITH THE DEPARTMENT OF HEALTH A PROPOSAL THAT

WILL ALLOW YOUNG PEOPLE TO BE INVOLVED IN THE HEALTH-RELATED

ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(I) EDUCATIONAL PROGRAMS THAT ARE AIMED AT INCREASING

AWARENESS IN COMMUNITIES AND EDUCATIONAL INSTITUTIONS ABOUT

ENSURING THE ELIGIBILITY OF THE PENNSYLVANIA CONSERVATION CORPS

OR LOCAL CORPS TO PERFORM CONTRACT WORK THAT MAY INCLUDE, BUT

NEED NOT BE LIMITED TO, MAINTENANCE WORK, REHABILITATION AND

REPAINTING OF BRIDGE AND UNDERPASS STRUCTURES AND BEAUTIFYING

EFFORTS ALONG PUBLIC ROADWAYS.

(10) TO DEVELOP AND IMPLEMENT WITH THE DEPARTMENT OF PUBLIC

WELFARE A PLAN FOR JOB TRAINING PROGRAMS THAT WILL HAVE

COMMUNITY SERVICE OPTIONS WHICH CAN SERVE AS A TRANSITION FROM

PUBLIC ASSISTANCE TO SUSTAINED EMPLOYMENT.

SECTION 2205-B. LIAISON WITH FEDERAL GOVERNMENT.--THE OFFICE

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(II) THE SECRETARY OF EDUCATION OR A DESIGNEE.

(III) THE FOLLOWING INDIVIDUALS APPOINTED BY THE

(A) A REPRESENTATIVE OF A COMMUNITY-BASED AGENCY

OR ORGANIZATION IN THIS COMMONWEALTH.

(B) A REPRESENTATIVE OF LOCAL GOVERNMENT IN THIS

COMMONWEALTH.

(C) A REPRESENTATIVE OF LOCAL LABOR

SERVICE PROGRAM.

(F) A REPRESENTATIVE OF A NATIONAL SERVICE

PROGRAM.

(G) AN INDIVIDUAL WITH EXPERTISE IN THE

EDUCATIONAL, TRAINING AND DEVELOPMENT NEEDS OF YOUTH,

PARTICULARLY DISADVANTAGED YOUTH.

(H) AN INDIVIDUAL WITH EXPERIENCE IN PROMOTING

THE INVOLVEMENT OF OLDER ADULTS WHO ARE 55 YEARS OF

AGE OR OLDER IN SERVICE AND VOLUNTEERISM.

(I) A REPRESENTATIVE OF THE VOLUNTEER SECTOR.

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(VI) A MEMBER OF THE SENATE APPOINTED BY THE

(VII) A MEMBER OF THE HOUSE OF REPRESENTATIVES

WHO ARE EDUCATORS, INCLUDING REPRESENTATIVES FROM

INSTITUTIONS OF HIGHER EDUCATION AND LOCAL EDUCATION

AGENCIES, AND EXPERTS IN THE DELIVERY OF HUMAN, EDUCATIONAL,

THE FOLLOWING PUBLIC OFFICIALS AS EX OFFICIO, NONVOTING MEMBERS:

OR A DESIGNEE.

EDUCATION ASSISTANCE AGENCY, OR A DESIGNEE.

(E) PUBLIC OFFICIALS.--THE TERMS OF OFFICE OF THE ELECTED

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TERM UNTIL THE APPOINTING AUTHORITY APPOINTS A REPLACEMENT

UNLESS THE MEMBER IS NO LONGER A PUBLIC OFFICIAL AT THE TIME OF

THEIR TERM EXPIRATION.

(F) FEDERAL REPRESENTATIVE.--CONSISTENT WITH FEDERAL

REGULATIONS, THE INDIVIDUAL WHO IS AN EMPLOYEE OF THE FEDERAL

AGENCY RESPONSIBLE FOR ADMINISTERING THE NATIONAL AND COMMUNITY

SERVICE ACT OF 1990 AND WHO IS DESIGNATED TO SERVE AS A

REPRESENTATIVE TO EACH STATE OR GROUP OF STATES SHALL BE

INCLUDED AS AN EX OFFICIO, NONVOTING MEMBER ON THE BOARD.

(G) DIVERSITY.--TO THE EXTENT PRACTICABLE, THE BOARD SHALL

MEMBER OF THE BOARD.

(I) RULES.--THE BOARD MAY ADOPT RULES GOVERNING ITS

ORGANIZATION AND PROCEDURES.

(J) COMPENSATION.--THE MEMBERS OF THE BOARD SHALL RECEIVE NO

COMPENSATION FOR THEIR SERVICES ON THE BOARD BUT SHALL BE

REIMBURSED BY THE DEPARTMENT FOR ORDINARY AND NECESSARY EXPENSES

INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE

BOARD.

(K) CONSULTATION.--THE BOARD SHALL CONSULT WITH AND ADVISE

THE OFFICE ON THE DEVELOPMENT OF A STATEWIDE PLAN FOR EXPANSION

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SERVICE.

DISTRIBUTION OF COMMUNITY SERVICE PROGRAMS.

(M) NOVEL PROGRAMS.--THE BOARD MAY DEVELOP NOVEL COMMUNITY

SERVICE PROGRAMS.

(N) SUPPORT SERVICES.--THE BOARD SHALL BE SUPPORTED IN ITS

DUTIES BY THE STAFF OF THE OFFICE AND MAY USE OPERATIONAL

SUPPORT SERVICES OF THE OFFICE, SUCH AS MAILING AND DUPLICATION

SERVICES, TO CARRY OUT ITS DUTIES.

"DEPARTMENT." THE DEPARTMENT OF GENERAL SERVICES OF THE

COMMONWEALTH.

"EMPLOYEE." AN INDIVIDUAL HIRED BY A PUBLIC WORKS CONTRACTOR

OR SUBCONTRACTOR FOR WHOM THE PUBLIC WORKS CONTRACTOR OR

SUBCONTRACTOR IS REQUIRED BY LAW TO FILE A FORM W-2 WITH THE

INTERNAL REVENUE SERVICE.

"EVP." THE E-VERIFY PROGRAM OPERATED BY THE DEPARTMENT OF

HOMELAND SECURITY THAT ELECTRONICALLY VERIFIES EMPLOYMENT

ELIGIBILITY FOR EMPLOYEES.

"PUBLIC BODY." THE COMMONWEALTH OF PENNSYLVANIA, ANY OF ITS

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AUGUST 15, 1961 (P.L.987, NO.442), KNOWN AS THE PENNSYLVANIA

PREVAILING WAGE ACT.

"PUBLIC WORKS CONTRACTOR." A CONTRACTOR THAT PROVIDES WORK

UNDER A CONTRACT INVOLVING A PUBLIC WORK.

"SECRETARY." THE SECRETARY OF GENERAL SERVICES OF THE

COMMONWEALTH.

"SUBCONTRACTOR." A PERSON, OTHER THAN A NATURAL PERSON,

REGARDLESS OF ITS TIER, INCLUDING, BUT NOT LIMITED TO, A

STAFFING AGENCY THAT PERFORMS WORK FOR A PUBLIC WORKS CONTRACTOR

UNDER A CONTRACT FOR A PUBLIC WORK. THE TERM SHALL NOT INCLUDE

(A) GENERAL RULE.--A PUBLIC WORKS CONTRACTOR OR

SUBCONTRACTOR SHALL PARTICIPATE IN EVP AND SHALL, SUBJECT TO THE

REQUIREMENTS OF FEDERAL LAW GOVERNING THE USE OF EVP, USE EVP TO

VERIFY EMPLOYMENT ELIGIBILITY OF EACH NEW EMPLOYEE. THE

DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE INTERNET

WEBSITE INFORMATION REGARDING THE REQUIREMENTS OF FEDERAL LAW

GOVERNING THE USE OF EVP.

(B) DISCRIMINATION PROHIBITED.--IN CONDUCTING THE

VERIFICATION REQUIRED BY THIS SECTION, A PUBLIC WORKS CONTRACTOR

OR SUBCONTRACTOR SHALL NOT DISCRIMINATE AGAINST AN EMPLOYEE ON

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WITH RESPECT TO A CONTRACT THAT WAS AWARDED PRIOR TO THE

EFFECTIVE DATE OF THIS SUBSECTION BUT HAS NOT YET BEEN EXECUTED,

PRIOR TO THE EXECUTION OF THE CONTRACT, A PUBLIC WORKS

CONTRACTOR SHALL PROVIDE THE PUBLIC BODY WITH A VERIFICATION

FORM DESCRIBED IN SUBSECTION (C), ACKNOWLEDGING ITS

RESPONSIBILITIES UNDER AND ITS COMPLIANCE WITH SECTION 2402-C

AND STATING THAT THE CONTRACTOR IS ENROLLED IN EVP. CONTRACTS

BETWEEN A PUBLIC WORKS CONTRACTOR AND ITS SUBCONTRACTORS SHALL

CONTAIN INFORMATION ABOUT THE REQUIREMENTS OF THIS ARTICLE .

(B) GENERAL RULE FOR SUBCONTRACTORS.--PRIOR TO COMMENCING

ARTICLE .

(C) FORM.--THE VERIFICATION FORM REQUIRED BY THIS SECTION

SHALL BE ON A FORM PRESCRIBED BY THE SECRETARY AND POSTED ON THE

DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND SHALL

COMPLY WITH THE FOLLOWING ADDITIONAL REQUIREMENTS:

INFORMATION IN THE STATEMENT IS TRUE AND CORRECT AND THAT THE

INDIVIDUAL SIGNING THE STATEMENT UNDERSTANDS THAT THE

SUBMISSION OF FALSE OR MISLEADING INFORMATION IN CONNECTION

WITH THE VERIFICATION SHALL SUBJECT THE INDIVIDUAL AND THE

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WHO HAS SUFFICIENT KNOWLEDGE AND AUTHORITY TO MAKE THE

REPRESENTATIONS AND CERTIFICATIONS CONTAINED IN THE

STATEMENT.

SECTION 2404-C. VIOLATIONS.

IT IS A VIOLATION OF THIS ARTICLE FOR A PUBLIC WORKS

CONTRACTOR OR SUBCONTRACTOR ON A PUBLIC WORK TO:

EMPLOYEE THROUGH EVP IN ACCORDANCE WITH FEDERAL LAW.

SECTION 2403-C OR MAKE A FALSE STATEMENT OR MISREPRESENTATION

COMPLAINT THAT A PUBLIC WORKS CONTRACTOR OR SUBCONTRACTOR HAS

VIOLATED A PROVISION OF THIS ARTICLE .

(C) AUDITS.--TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF

THIS ARTICLE , THE DEPARTMENT SHALL CONDUCT COMPLAINT-BASED AND

RANDOM AUDITS OF PUBLIC WORKS CONTRACTORS AND SUBCONTRACTORS IN

THIS COMMONWEALTH.

(D) REIMBURSEMENT OF DEPARTMENT.--

OR SUBCONTRACTOR TO REIMBURSE THE DEPARTMENT FOR THE COST OF

AN AUDIT IF THE PUBLIC WORKS CONTRACTOR OR SUBCONTRACTOR:

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THE AMOUNT OF STAFF TIME SPENT ON CONDUCTING AN INDIVIDUAL

AUDIT.

(E) SANCTIONS.--THE FOLLOWING SANCTIONS SHALL APPLY ONLY TO

A VIOLATION UNDER SECTION 2404-C(1):

SUBCONTRACTOR SHALL RECEIVE A WARNING LETTER FROM THE

DEPARTMENT DETAILING THE VIOLATION. THE LETTER SHALL BE

POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

SECRETARY SHALL FILE A PETITION IN COMMONWEALTH COURT SEEKING

TO HAVE THE COURT ISSUE A RULE TO SHOW CAUSE WHY A PUBLIC

WORKS CONTRACTOR OR SUBCONTRACTOR DID NOT ENGAGE IN THE

WILLFUL VIOLATION. IF THE COURT FINDS THAT THE PUBLIC WORKS

CONTRACTOR OR SUBCONTRACTOR ENGAGED IN A WILLFUL VIOLATION,

THE COURT SHALL ORDER THAT THE PUBLIC WORKS CONTRACTOR OR

SUBCONTRACTOR BE DEBARRED FROM PUBLIC WORK FOR A PERIOD OF

THREE YEARS.

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COMMITTED BY A CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THIS

ARTICLE INVOLVING A SINGLE PUBLIC WORKS CONTRACT SHALL BE

CONSIDERED A SINGLE VIOLATION DESPITE THE NUMBER OF EMPLOYEES

THAT ARE THE SUBJECT OF THE VIOLATIONS.

(F) CIVIL PENALTY AND SANCTIONS.--THE FOLLOWING SHALL APPLY:

VIOLATES SECTION 2404-C(2) SHALL BE SUBJECT TO A CIVIL

PENALTY OF NOT LESS THAN $2,500 AND NOT MORE THAN $25,000 FOR

EACH VIOLATION, TO BE IMPOSED BY THE DEPARTMENT BASED ON THE

DURATION AND SEVERITY OF THE VIOLATION.

(G) NOTICE AND APPEAL.--ACTIONS TAKEN BY THE DEPARTMENT

UNDER SUBSECTIONS (E)(1), (2) AND (3) AND (F) SHALL BE SUBJECT

TO THE NOTICE, APPEAL AND OTHER PROVISIONS OF 2 PA.C.S.

(RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).

SECTION 2406-C. PUBLIC WORKS EMPLOYMENT VERIFICATION ACCOUNT.

(A) ESTABLISHMENT.--THE PUBLIC WORKS EMPLOYMENT VERIFICATION

ACCOUNT IS ESTABLISHED AS A RESTRICTED REVENUE, INTEREST-BEARING

ACCOUNT IN THE GENERAL FUND.

(B) DEPOSITS.--THE DEPARTMENT SHALL DEPOSIT PENALTIES

COLLECTED UNDER SECTION 2405-C(F) INTO THE ACCOUNT.

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SECTION 2407-C. PROTECTION FROM RETALIATION.

(A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR A PUBLIC WORKS

CONTRACTOR OR SUBCONTRACTOR TO DISCHARGE, THREATEN OR OTHERWISE

RETALIATE OR DISCRIMINATE AGAINST AN EMPLOYEE REGARDING

COMPENSATION OR OTHER TERMS OR CONDITIONS OF EMPLOYMENT BECAUSE

THE EMPLOYEE:

HELD BY THE SECRETARY OR ANY OTHER GOVERNMENTAL AUTHORITY

UNDER THIS ARTICLE ; OR

ESTABLISHED CIVIL PROCEDURES OF THIS COMMONWEALTH.

DATE THE EMPLOYEE KNEW OF THE RETALIATION OR DISCRIMINATION.

(C) RELIEF.--IF AN EMPLOYEE PREVAILS IN AN ACTION COMMENCED

UNDER THIS SECTION, THE EMPLOYEE SHALL BE ENTITLED TO THE

FOLLOWING RELIEF:

EMPLOYEE'S WAGES AND FRINGE BENEFITS CALCULATED FROM THE DATE

OF THE RETALIATION OR DISCRIMINATION.

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