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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 4, 2011 |
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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 |
17 | Department of State. |
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1 | "Licensing commission." A departmental or administrative |
2 | commission under the Bureau of Professional and Occupational |
3 | Affairs in the Department of State. |
4 | "Unauthorized alien." An alien who does not have the legal |
5 | right or authorization under Federal law to work in the United |
6 | States, as defined under section 274A of the Immigration and |
7 | Nationality Act (66 Stat. 163, 8 U.S.C. § 1324a(h)(3)). |
8 | Section 3. Prohibition. |
9 | No licensee shall knowingly employ or permit the employment |
10 | of an unauthorized alien. |
11 | Section 4. Sanction. |
12 | (a) Revocation.--If a licensing board or licensing |
13 | commission finds that a licensee has violated section 3, it |
14 | shall revoke the license of the licensee. |
15 | (b) Administrative agency law.--This section shall be |
16 | subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and |
17 | procedure of Commonwealth agencies) and 7 Subch. A (relating to |
18 | judicial review of Commonwealth agency action). |
19 | Section 5. Affirmative defense. |
20 | It shall be an affirmative defense to any proceeding for a |
21 | violation of this act that a licensee: |
22 | (1) complied with section 274A of the Immigration and |
23 | Nationality Act (Public Law 99-603, 8 U.S.C. § 1324a) with |
24 | respect to hiring, recruiting or referring an individual for |
25 | employment in the United States; or |
26 | (2) required a contractor of the licensee to certify |
27 | compliance with section 274A of the Immigration and |
28 | Nationality Act with respect to hiring, recruiting or |
29 | referring an individual for employment in the United States, |
30 | and has notified the appropriate Federal authority if the |
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1 | licensee knew that the contractor employed an unauthorized |
2 | alien. |
3 | Section 6. Effective date. |
4 | This act shall take effect in 60 days. |
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