Pennsylvania Act 2006-43 — PROHIBITION OF ILLEGAL ALIEN LABOR ON ASSISTED PROJECTS ACT

Act text

PROHIBITION OF ILLEGAL ALIEN LABOR ON ASSISTED PROJECTS ACT
                  Act of May 11, 2006, P.L. 173, No. 43               Cl. 43
                                  AN ACT

     Prohibiting the use of illegal immigrant labor on projects;
        imposing powers and duties on executive agencies of the
        Commonwealth; and providing for remedies.

        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 Prohibition
     of Illegal Alien Labor on Assisted Projects 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:
        "Executive agency."  The Governor and the departments,
     boards, commissions, authorities and other officers and agencies
     of the Executive Branch of the Commonwealth.
        "Illegal alien."  A noncitizen of the United States who is
     violating Federal immigration laws and is providing compensated
     labor within this Commonwealth.
        "Project."  An activity which uses labor services, financed
     in whole or in part by grants or loans issued by an executive
     agency of the Commonwealth.
     Section 3.  Prohibition.
        No person shall knowingly employ or knowingly permit the
     labor services of an illegal alien on any project. A person
     shall be deemed to have knowingly employed or knowingly
     permitted the prohibited services if he shall have active
     knowledge of or have reason to know that such services have been
     provided on the project.
     Section 4.  Reimbursement of Commonwealth aid.
        (a)  Grants.--As a condition of a grant, the executive agency
     shall require full repayment of the grant if section 5 applies.
        (b)  Loans.--As a condition of a loan, the executive agency
     shall require payment of penalty interest calculated as the
     difference between the stated interest in the loan agreement and
     the interest specified in section 202 of the act of January 30,
     1974 (P.L.13, No.6), referred to as the Loan Interest and
     Protection Law, if section 5 applies. The executive agency may
     also direct repayment of the loan.
     Section 5.  Violations.
        (a)  General rule.--Payment or repayment under section 4 is
     required if any of the following apply:
            (1)  The person that received the grant or loan is
        sentenced under Federal law for an offense involving knowing
        use of labor by an illegal alien on a project.
            (2)  All of the following apply:
                (i)  A contractor on the project is sentenced under
            Federal law for an offense involving knowing use of labor
            by an illegal alien on a project.
                (ii)  The person that received the grant or loan knew
            or had reason to know of the contractor's knowing use of
            labor by an illegal alien on the project.
        (b)  Ineligibility.--Any person who is required to pay
     penalty interest or repay a loan or grant under section 4 shall
     be ineligible to apply for any State grant or loan for a period
     of two years.
        (c)  Affirmative defense.--It shall be an affirmative defense
     to a violation of section 3 if the person contracts with a
     contractor to provide labor on a project and establishes that
     the person has required the contractor to certify compliance
     with the requirements of section 274A of the Immigration Reform
     and Control Act of 1986 (Public Law 99-603, 8 U.S.C. § 1324A)
     with respect to the hiring, recruiting or referral for
     employment of an alien in the United States and has notified the
     appropriate Federal authority, if the person knew that the
     contractor used labor by an illegal alien.
     Section 19.  Applicability.
        This act shall apply to grants and loans issued on or after
     the effective date of this section.
     Section 20.  Effective date.
        This act shall take effect in 60 days.