Bill Text: PA SB1173 | 2009-2010 | Regular Session | Introduced

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Bill Title: Requiring construction industry employers to verify the employment eligibility of all employees for purposes of wage reporting and employment eligibility; providing for the powers and duties of the Department of Labor and Industry; prescribing sanctions; and establishing good faith immunity under certain circumstances.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2009-12-23 - Referred to LABOR AND INDUSTRY [SB1173 Detail]

Download: Pennsylvania-2009-SB1173-Introduced.html

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PRINTER'S NO. 1582
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1173 Session of2009
INTRODUCED BY WARD, SCARNATI, WAUGH AND ORIE, DECEMBER 23, 2009
REFERRED TO LABOR AND INDUSTRY, DECEMBER 23, 2009
AN ACT
Requiring construction industry employers to verify the
employment eligibility of all employees for purposes of wage
reporting and employment eligibility; providing for the
powers and duties of the Department of Labor and Industry;
prescribing sanctions; and establishing good faith immunity
under certain circumstances.
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 Construction
Industry Employment Verification 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 states otherwise:
"Construction." Erection, reconstruction, demolition,
alteration, modification, custom fabrication, building,
assembling, site preparation and repair work or maintenance work
done on any real property or premises under contract, whether or
not the work is for a public body or paid for from public funds.
"Construction industry employer." An individual,
partnership, association, joint stock company, corporation,
business trust or any other business entity, person or groups of
persons:
(1) that acts directly or indirectly to employ persons
to provide or perform services in the construction industry
for remuneration; and
(2) whose aggregate remuneration for providing
construction services to others in a calendar year exceeds
$25,000.
"Employee." An individual for whom a construction industry
employer is required by law to file a Form W-2 with the Internal
Revenue Service.
"EVP." The E-Verify Program operated by the Department of
Homeland Security that electronically verifies employment
eligibility.
"IRCA." The Immigration and Nationality Act (66 Stat. 163, 8
U.S.C. § 1101 et seq.).
"NVS." The Social Security Number Verification Service
operated by the Social Security Administration.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Willful." Action or conduct undertaken intentionally or
with reckless disregard for or deliberate ignorance of the
requirements and obligations established by this act.
Section 3. Verification.
(a) Duty of construction industry employers.--A construction
industry employer shall participate in NVS and EVP and shall do
the following, subject to the requirements of Federal law
governing the use of NVS and EVP:
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(1) within 30 days following the effective date of this
section, use NVS to verify for wage reporting purposes the
employment eligibility of its employees in existence on the
effective date of this section; and
(2) prior to the commencement of work by a new employee,
use EVP to verify for employment eligibility of the new
employee.
(b) Verification statements.--A construction industry
employer shall submit a verification statement annually to the
Department of Revenue with its State income tax return. The
statement shall be on a form prescribed by the Department of
Revenue and shall comply with the following requirements:
(1) The statement shall represent that the construction
industry employer has verified the employment eligibility of
its employees through NVS or EVP, as appropriate.
(2) The statement shall include a certification that the
information in the statement is true and correct and that the
person signing the statement understands that the submission
of false or misleading information in connection with the
verification shall subject the person and the construction
industry employer to sanctions provided by law.
(3) The statement shall be signed by a representative of
the construction industry employer who has sufficient
knowledge and authority to make the representation and
certifications contained in the statement.
(c) Subcontractor verification statements.--Prior to the
execution of a subcontract, a subcontractor shall provide the
construction industry contractor with a verification statement
containing substantially the same information about the
subcontractor as required under subsection (a) about the
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construction industry contractor. The subcontractor shall submit
the verification statement to the construction industry
contractor prior to the commencement of any work by the
subcontractor on the construction project.
(d) Discrimination prohibited.--In conducting the employment
eligibility verification required by this section, a
construction industry employer shall not discriminate against an
employee on the basis of race, ethnicity, color or national
origin.
Section 4. Violations.
It is a violation of this act for a construction industry
employer to:
(1) Employ an employee who has not been verified by NVS
or EVP as eligible for employment, as required by this act.
(2) Make a false statement or misrepresentation in a
verification statement required by this act.
(3) Use by a construction industry contractor of a
subcontractor on a project prior to the submission by the
subcontractor of a verification statement required by this
act.
(4) Commencement of work by a subcontractor on a project
prior to submitting to the construction industry contractor a
verification statement required by this act.
Section 5. Enforcement and sanctions.
(a) General rule.--The secretary shall enforce the
provisions of this act.
(b) Investigation of complaints.--The secretary shall
accept, review and investigate in a timely manner any credible
complaint that a construction industry employer has violated a
provision of this act.
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(c) Audits.--To ensure compliance with the requirements of
this act, the secretary shall conduct complaint-based and random
audits of construction industry employers in this Commonwealth.
In conducting such audits, the secretary shall utilize NVS and
EVP to verify the employment eligibility of employees in
accordance with Federal law governing the use of those systems.
(d) Sanctions.--The following sanctions shall apply to a
violation of section 724A of IRCA or of this act:
(1) A construction industry employer or subcontractor
that violates section 724A of IRCA or engages in the
violation described in section 4(1) may be required, at the
discretion of the secretary, to forfeit all licenses or
certifications issued by the Commonwealth that authorize the
construction industry employer or subcontractor to conduct
business in this Commonwealth, including corporate articles
and franchises for a period of up to three years.
(2) A construction industry employer or subcontractor
that willfully violates section 724A of IRCA or willfully
engages in the violation described in section 4(1) shall be
required to forfeit all licenses or certifications issued by
the Commonwealth that authorize the construction industry
employer to conduct business in this Commonwealth, including
corporate articles and franchises, for a period of 3 years.
(3) The Office of Attorney General shall have the same
authority to revoke corporate articles and franchises under
this act as it has under 15 Pa.C.S. § 503 (relating to
actions to revoke corporate franchises).
Section 6. Protection from retaliation.
(a) General Rule.--It shall be unlawful for a construction
industry employer or subcontractor to discharge, threaten or
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otherwise retaliate or discriminate against an employee
regarding compensation or other terms or conditions of
employment because the employee:
(1) participates in an investigation, hearing or inquiry
held by the secretary or any other governmental authority
under this act; or
(2) reports or makes a complaint regarding the violation
of this act to a construction industry employer or
governmental authority.
(b) Actions.--
(1) An employee who suffers retaliation or
discrimination in violation of this section may bring an
action in a court of common pleas in accordance with
established civil procedures of this Commonwealth.
(2) The action must be brought within three years from
the date the employee knew of the retaliation or
discrimination.
(c) Relief.--If an employee prevails in an action commenced
under this section, the employee shall be entitled to the
following relief:
(1) Reinstatement of the employee, if applicable.
(2) Restitution equal to three times the amount of the
employee's wages and fringe benefits calculated from the date
of the retaliation or discrimination.
(3) Reasonable attorney fees and costs of the action.
(4) Any other legal and equitable relief as the court
deems appropriate.
Section 7. Good faith immunity.
A construction industry employer or subcontractor that relies
in good faith on NVS and EVP procedures to verify the employment
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eligibility of employees shall be immune from the sanctions
authorized under section 5 in the event that incorrect
information has been provided to the construction industry
employer.
Section 20. Effective date.
This act shall take effect in 60 days.
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