THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUSTIO, METCALFE, BARRAR, CLYMER, DENLINGER, EVERETT, GABLER, GEIST, KAUFFMAN, LONGIETTI, METZGAR, MILLARD, MILLER, MURT, O'NEILL, PYLE, READSHAW, SWANGER, VULAKOVICH, WATSON, GILLEN, MILNE, HEFFLEY AND MALONEY, FEBRUARY 4, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 14, 2011   

AN ACT

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 to perform a function for or in

<--

connection with:

(1)  the profession that the licensee is licensed to

practice; or

(2)  a business activity:

(i)  in which the licensee engages; and

(ii)  which is related to the profession that the

licensee is licensed to practice in terms of services

provided.

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).

(c)  A licensing board or licensing commission shall verify

the work authorization of an alleged unauthorized alien with the

Federal Government pursuant to section 642(c) of the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996

(Public Law 104-208, 8 U.S.C. § 1373(c)). A licensing board or

licensing commission shall not attempt to independently make a

final determination on whether an alien is authorized to work in

the United States. An alien's immigration status or work

authorization status shall be verified with the Federal

Government pursuant to SECTION 642(c) of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996.

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

alien.

Section 6.  Effective date.

This act shall take effect in 60 days.