PRINTER'S NO. 1137
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1094
Session of
2021
INTRODUCED BY KAUFFMAN, STAMBAUGH, R. MACKENZIE, METCALFE, RYAN,
MILLARD, B. MILLER, WHEELAND, COX, ROWE AND JOZWIAK,
APRIL 5, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 5, 2021
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.
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"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(h)(3) of the Immigration
and Nationality Act (Public Law 99-603, 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, the
licensing board or licensing commission 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) Verification of work authorization.--In order to
investigate an alleged violation of section 3, a licensing board
or licensing commission shall verify the work authorization or
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immigration status of an alleged unauthorized alien only through
the Federal Government under section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208, 8 U.S.C. § 1373(c)). The licensing board or
licensing commission may not attempt to independently make a
final determination on whether the alien is authorized to work
in the United States.
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.
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