PRINTER'S NO. 3581
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2192
Session of
2015
INTRODUCED BY D. COSTA, MILLARD, READSHAW, KOTIK, HELM, HEFFLEY,
PASHINSKI, CONKLIN, RAVENSTAHL, DEASY, DUNBAR, GIBBONS,
BURNS, GOODMAN, A. HARRIS, McNEILL AND PETRARCA,
JUNE 21, 2016
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 21, 2016
AN ACT
Providing for private construction employee verification; and
imposing a civil penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Private
Construction Employee Verification Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise.
"Building permit." A permit issued by a municipality under
section 502 of the act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act.
"Contract." An agreement between a contractor or
subcontractor and owner for the performance of new construction,
remodeling or renovation, including all agreements for labor,
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services and materials to be furnished under the agreement.
"Contractor." A person who is licensed to own or operate a
new construction, remodeling or renovation business or
undertakes, offers to undertake or agrees to perform any
alteration.
"Employee." An individual who is employed by a contractor or
subcontractor.
"EVP." The E-Verify Program operated by the Department of
Homeland Security that electronically verifies the employment
eligibility of employees.
"Municipality." A city, borough, incorporated town, township
or home rule municipality.
"Owner." An owner of a private residence or business.
"Private residence." A single family dwelling or a
multifamily dwelling consisting of no more than two units or a
single unit, including a condominium and a townhome.
"Subcontractor." A person who has contracted with a new
construction, remodeling or renovation business to provide
services to a customer of the new construction, remodeling or
renovation business.
Section 3. Private construction employee verification.
(a) Duties.--A contractor or subcontractor who performs new
construction, remodeling or renovation under a contract, the
value of which is in excess of $25,000, shall:
(1) Provide a municipality with evidence that the
contractor's or subcontractor's employees have been subject
to the EVP. EVP evidence shall be a precondition of being
granted a building permit.
(2) Participate in the EVP and, subject to the
requirements of Federal law governing the use of the EVP, use
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the EVP to verify the employment eligibility of each new
employee.
(3) Provide the municipality with the EVP evidence of an
employee who is hired after the issuance of a building
permit.
(b) Revocation of permit.--Failure to provide the
municipality with the EVP evidence of employees hired after the
issuance of a building permit shall result in the revocation of
the permit.
Section 4. Violations.
A contractor or subcontractor who violates section 3(a) shall
be subject to a civil penalty not greater than $350 for each
violation levied by the municipality.
Section 5. Protection from retaliation.
It shall be unlawful for a contractor or subcontractor to
discharge, threaten or otherwise retaliate or discriminate
against an employee regarding compensation or other terms of
employment because the employee:
(1) participates in an investigation held by a
municipality to determine compliance with this act; or
(2) reports or makes a complaint regarding the violation
of this act to a Federal, State or local agency.
Section 6. Nonapplicability.
This act shall not apply to work performed without
compensation and without a contract on an owner's private
residence by the owner or other uncompensated party.
Section 7. Effective date.
This act shall take effect in 60 days.
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