PRINTER'S NO. 814
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
697
Session of
2015
INTRODUCED BY LEACH, FONTANA AND SCHWANK, APRIL 23, 2015
REFERRED TO STATE GOVERNMENT, APRIL 23, 2015
AN ACT
Providing recognized immigrants with rights relating to in-State
tuition at certain institutions of higher education, drivers'
licenses and employment practices.
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 Welcome to
Pennsylvania Immigration 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:
"Employer." As defined in section 4 of the act of October
27, 1955 (P.L.744, No.222), known as the Pennsylvania Human
Relations Act.
"Institution of higher education." Any of the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
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(2) A university comprising the State System of Higher
Education.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
(5) Temple University.
(6) Lincoln University.
(7) An institution that is designated as "State-related"
by the Commonwealth after the effective date of this section.
"Recognized immigrant." A person who:
(1) resides in this Commonwealth without lawful
immigration status; and
(2) (i) has filed an application to legalize his
immigration status, if he is legally eligible to do so
under Federal statute, regulation or Executive Order of
the President of the United States; or
(ii) intends to do so as soon as he is legally
eligible to do so under Federal statute, regulation or
Executive Order of the President of the United States.
Section 3. In-State tuition.
(a) General rule.--An institution of higher education may
not charge a student who attends the institution of higher
education and is a recognized immigrant tuition at an amount
greater than that which otherwise would be charged if the
student was a lawful resident of this Commonwealth and citizen
of the United States.
(b) Eligibility.--An institution of higher education may
require a student who attends the institution of higher
education to submit an affidavit for the sole purpose of
determining whether the student is a recognized immigrant and
the correct amount of tuition to be charged to the student.
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Section 4. Driver's license.
A person who otherwise qualifies for a driver's license under
the provisions of 75 Pa.C.S. Ch. 15 (relating to licensing of
drivers) may not be denied issuance of a license or renewal of a
license by the Department of Transportation on the basis that
the person is a recognized immigrant.
Section 5. Employment practices.
(a) General rule.--An employer may not refuse to hire or
employ or contract with, or bar or discharge from employment, a
person who is a recognized immigrant, or otherwise discriminate
against a recognized immigrant with respect to compensation,
hire, tenure, terms, conditions or privileges of employment or
contract, if the recognized immigrant is the best able and most
competent to perform the services required.
(b) Enforcement and penalties.--Subsection (a) shall be
subject to the same enforcement and penalty provisions as the
unlawful discriminatory practices enumerated in the act of
October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act.
Section 6. Inconsistent repeals.
The following acts and parts of acts are repealed to the
extent of any inconsistency with this act:
(1) Section 1908-A of the act of March 10 1949 (P.L.30,
No.14), known as the Public School Code of 1949.
(2) Section 2006-A(a)(11) of the Public School Code of
1949.
Section 7. Effective date.
This act shall take effect in 60 days.
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