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PRIOR PRINTER'S NO. 1493
PRINTER'S NO. 1673
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1147
Session of
2022
INTRODUCED BY ROBINSON, GEBHARD, BAKER, PITTMAN, MENSCH,
YUDICHAK, J. WARD, STEFANO AND BARTOLOTTA, MARCH 17, 2022
SENATOR BARTOLOTTA, LABOR AND INDUSTRY, AS AMENDED, MAY 24, 2022
AN ACT
Amending the act of July 5, 2012 (P.L.1086, No.127), entitled
"An act requiring public works contractors and subcontractors
to verify employment eligibility; providing for the powers
and duties of the Department of General Services; prescribing
sanctions; and establishing good faith immunity under certain
circumstances," further providing for verification form and
for enforcement and sanctions; and establishing the Public
Works Employment Verification Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(a) and (b) of the act of July 5, 2012
(P.L.1086, No.127), known as the Public Works Employment
Verification Act, are amended to read:
Section 4. Verification form.
(a) General rule for public works contractors.--As a
precondition of being awarded a contract for a public work, or
with respect to a contract that was awarded prior to the
effective date of this subsection but has not yet been executed,
prior to the execution of the contract, a public works
contractor shall provide the public body with a verification
form described in subsection (c), acknowledging its
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responsibilities under and its compliance with section 3 and
stating that the contractor is enrolled in EVP. Contracts
between a public works contractor and its subcontractors shall
contain information about the requirements of this act.
(b) General rule for subcontractors.--Prior to commencing
work on a public works project, a subcontractor shall provide
the public body with a verification form described in subsection
(c) acknowledging its responsibilities and its compliance with
section 3 and stating that the contractor SUBCONTRACTOR is
enrolled in EVP. Contracts between a subcontractor and its
subcontractors shall contain information about the requirements
of this act.
* * *
Section 2. Section 6(d) and (e) of the act are amended and
the section is amended by adding a subsection to read:
Section 6. Enforcement and sanctions.
* * *
(c.1) Reimbursement of department.--The department may
require a public works contractor or subcontractor to reimburse
the department for the cost of an audit, if the public works
contractor or subcontractor:
(1) is debarred from public work under subsection (d);
or
(2) is subject to a civil penalty under subsection (e).
(d) Sanctions.--The following sanctions shall apply only to
a violation under section 5(1):
(1) For a first violation, a public works contractor or
subcontractor shall receive a warning letter from the
department detailing the violation. The letter shall be
posted on the department's Internet website.
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(2) For a second violation, a public works contractor or
subcontractor shall be debarred from public work for [30] 60
days.
(3) For a third violation and subsequent violations, a
public works contractor or subcontractor shall be debarred
from public work for not less than [180 days] one year and
not more than [one year] two years.
(4) In the case of an alleged willful violation, the
secretary shall file a petition in Commonwealth Court seeking
to have the court issue a rule to show cause why a public
works contractor or subcontractor did not engage in the
willful violation. If the court finds that the public works
contractor or subcontractor engaged in a willful violation,
the court shall order that the public works contractor or
subcontractor be debarred from public work for a period of
[three] five years.
(5) Notwithstanding the provisions of paragraph (1), (2)
or (3), a violation by a public works contractor or
subcontractor that occurs ten years or more after a prior
violation shall be deemed to be a first violation.
(6) For the purposes of assessing sanctions, violations
committed by a contractor or subcontractor subject to this
act involving a single public works contract shall be
considered a single violation despite the number of employees
that are the subject of the violations.
(e) Civil penalty and sanctions.--The following sanctions
shall apply only to a violation of section 5(2):
(1) A public works contractor or subcontractor that
violates section 5(2) shall be subject to a civil penalty of
not less than [$250] $2,500 and not more than [$1,000]
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$25,000 for each violation, to be imposed by the
department[.] based on the duration and severity of the
violation.
(2) In addition to the penalty under paragraph (1), in
the event of a willful violation of section 5(2), a public
works contractor or subcontractor shall be subject to
debarment for not less than 60 days nor more than five THREE
years, depending on the duration and severity of the
violation.
* * *
Section 3. The act is amended by adding a section to read:
Section 6.1. Public Works Employment Verification Account.
(a) Establishment.--The Public Works Employment Verification
Account is established as a restricted revenue, interest-bearing
account in the General Fund.
(b) Deposits.--The department shall deposit penalties
collected under section 6(e) into the account.
(c) Use of account.--Money in the account and interest
earned on the account is appropriated on a continuing basis to
the department for the purposes of administering and enforcing
the provisions of this act.
Section 4. This act shall take effect in 60 days.
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