H1170B2009A01894 SFR:EJH 06/11/19 #90 A01894
AMENDMENTS TO HOUSE BILL NO. 1170
Sponsor: REPRESENTATIVE DELLOSO
Printer's No. 2009
Amend Bill, page 3, line 20, by inserting after "longer."
Within 30 days of the end of the calendar quarter, an
employer shall certify to the department that the employer has
utilized the E-Verify program as required by this act for all
employees hired during the last completed calendar quarter.
(c) Verification form.--The statement under subsection (b)
shall be on a form prescribed by the department and shall comply
with the following additional requirements:
(1) The statement shall include a certification that the
information in the statement is true and correct and that the
willful submission of false or misleading information in
connection with the verification shall be subject to
punishment under 18 Pa.C.S. ยง 4904 (relating to unsworn
falsifications to authorities).
(2) The statement shall be signed by a representative of
the employer who has sufficient knowledge and authority to
make the representations and certifications contained in the
statement.
Amend Bill, page 3, line 21, by striking out "(C)" and
inserting
(d)
Amend Bill, page 4, lines 23 through 30; page 5, lines 1
through 30; page 6, lines 1 through 12; by striking out all of
lines 23 through 30 on page 4, all of lines 1 through 30 on page
5, all of lines 1 through 11 and "(i) (J)" in line 12 on page 6
and inserting
(g)
Amend Bill, page 6, line 16, by striking out "(K)" and
inserting
(h)
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Amend Bill, page 6, lines 26 through 30; page 7, lines 1
through 30; page 8, lines 1 through 25; by striking out all of
said lines on said pages and inserting
Section 5. Penalties.
(a) Violations.--The following shall apply to a violation
under section 3(a):
(1) For a first violation, the department shall issue a
warning letter detailing the violation and informing the
construction industry employer of the provisions of this act.
The following shall apply:
(i) The department may not issue or post a warning
letter if the employer demonstrates that the employment
eligibility of the unauthorized employee was verified in
good faith through the E-Verify program in accordance
with section 3(b).
(ii) After the issuance of a warning letter, the
employer shall verify in writing to the department within
10 business days that the employer has terminated the
employment of each unauthorized employee in this
Commonwealth. If the employer fails to provide such
verification, the violation shall constitute a second
violation.
(2) For a second or subsequent violation, the following
shall apply:
(i) The department shall post the letter detailing
the violation on the department's publicly accessible
Internet website.
(ii) The department may issue an order to stop work
on a worksite related to the investigation, which may
remain in place until the violation is corrected. Stop-
work orders may be enforced by the Attorney General upon
referral by the department. The following shall apply to
a stop-work order issued by the department under this
section:
(A) The order may require compliance with
conditions necessary to ensure that the employer
complies with this act.
(B) The order shall take effect when served upon
the employer by first class mail or posting at the
employer's worksite.
(C) The order shall remain in effect until
released by the department or a court of competent
jurisdiction.
(D) The order shall be effective against a
successor entity that:
(I) has one or more of the same principals
or officers as the employer against whom the
order was issued; and
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(II) is engaged in construction.
(E) An order releasing a stop-work order may
include a requirement that the employer file with the
department periodic reports for a probationary period
that shall not exceed two years demonstrating the
employer's continued compliance with this act.
(3) Upon receiving a referral from the department, the
Attorney General shall bring an action against the employer
in Commonwealth Court. If the court finds that the employer
engaged in a willful violation, the court may order the
suspension or revocation of licenses granted to the employer
for a period of up to three years.
(4) Notwithstanding the provisions of paragraph (1), (2)
or (3), a violation by an employer that occurs 10 years or
more after a prior violation shall be deemed to be a first
violation.
(b) Civil penalty.--An employer that violates section 3(b)
shall be subject to a civil penalty of not less than $250 and
not more than $1,000 for each violation, to be imposed by the
department. Civil penalties may be enforced by the Attorney
General upon referral by the department.
(c) Notice and appeal.--Actions taken under this section
shall be subject to the notice, appeal and other provisions of 2
Pa.C.S. (relating to administrative law and procedure).
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