THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY MUSTIO, METCALFE, BARRAR, CLYMER, DENLINGER, EVERETT, GABLER, GEIST, KAUFFMAN, LONGIETTI, METZGAR, MILLARD, MILLER, MURT, O'NEILL, PYLE, READSHAW, SWANGER, VULAKOVICH AND WATSON, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 4, 2011
Prohibiting certain licensees from knowingly employing illegal
aliens; and imposing sanctions.
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 Professional
Licensees Illegal Employment 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:
"Licensee." An individual, corporation, partnership, limited
liability company or other legal entity that holds a license
issued by a licensing board or licensing commission.
"Licensing board." A departmental or administrative board
under the Bureau of Professional and Occupational Affairs in the
Department of State.
"Licensing commission." A departmental or administrative
commission under the Bureau of Professional and Occupational
Affairs in the Department of State.
"Unauthorized alien." An alien who does not have the legal
right or authorization under Federal law to work in the United
States, as defined under section 274A of the Immigration and
Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a(h)(3)).
Section 3. Prohibition.
No licensee shall knowingly employ or permit the employment
of an unauthorized alien.
Section 4. Sanction.
(a) Revocation.--If a licensing board or licensing
commission finds that a licensee has violated section 3, it
shall revoke the license of the licensee.
(b) Administrative agency law.--This section shall be
subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A (relating to
judicial review of Commonwealth agency action).
Section 5. Affirmative defense.
It shall be an affirmative defense to any proceeding for a
violation of this act that a licensee:
(1) complied with section 274A of the Immigration and
Nationality Act (Public Law 99-603, 8 U.S.C. § 1324a) with
respect to hiring, recruiting or referring an individual for
employment in the United States; or
(2) required a contractor of the licensee to certify
compliance with section 274A of the Immigration and
Nationality Act with respect to hiring, recruiting or
referring an individual for employment in the United States,
and has notified the appropriate Federal authority if the
licensee knew that the contractor employed an unauthorized
Section 6. Effective date.
This act shall take effect in 60 days.