Pennsylvania Consolidated & Unconsolidated Statutes
Act 141 - ADMINISTRATIVE CODE OF 1929 - OMNIBUS AMENDMENTS AND A REPEAL

Session of 2022
No. 2022-141
 
HB 2648
 
AN ACT
 
Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for
and reorganizing the conduct of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative departments, boards, commissions,
and officers thereof, including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization
of certain administrative departments, boards, and commissions; defining the powers
and duties of the Governor and other executive and administrative officers, and of
the several administrative departments, boards, commissions, and officers; fixing
the salaries of the Governor, Lieutenant Governor, and certain other executive and
administrative officers; providing for the appointment of certain administrative officers,
and of all deputies and other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and prescribing the manner
in which the number and compensation of the deputies and all other assistants and
employes of certain departments, boards and commissions shall be determined," in Office
of State Inspector General, further providing for powers, purpose and duties; repealing
provisions relating to coordination of Commonwealth community service programs; providing
for PennSERVE and for public works employment verification; establishing the Public
Works Employment Verification Account; and making a related repeal.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 503-A(c) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, is amended by adding paragraphs to read:

Section 503-A.  Powers, purpose and duties.
* * *
(c)  Duties.--The State Inspector General shall:
* * *
(12.1)  No later than May 1, 2023, provide a report to the General Assembly regarding the
ability of the office to investigate instances of actual or attempted fraud, theft,
abuse, falsification of records, illicit payment and identity theft associated with
the unemployment compensation program established under the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, including
supplemental or extended unemployment compensation benefits programs administered
by the Department of Labor and Industry under section 608 of the Unemployment Compensation
Law. The report shall be done in consultation with the Department of Labor and Industry
and shall include:

(i)  The estimated number of agents necessary to conduct investigations.
(ii)  The estimated cost for personnel, equipment and other operational needs related to
investigations.

(iii)  The amount of time necessary to hire and train investigators.
(iv)  How cases would be coordinated with the Internal Audits Division within the Department
of Labor and Industry and with other Federal and State law enforcement agencies investigating
fraud within the unemployment compensation program.

(v)  Any Federal or State laws, regulations or guidance that may inhibit the ability to
conduct investigations.

(vi)  An estimate of the amount of fraudulent payments made in unemployment compensation
programs in this Commonwealth from March 1, 2020, through September 30, 2022, including
the amount of fraudulent payments recovered up to the date of the report's submission.

(12.2)  Provide the report under paragraph (12.1) to:
(i)  The President Pro Tempore of the Senate.
(ii)  The Speaker of the House of Representatives.
(iii)  The Majority Leader of the Senate.
(iv)  The Minority Leader of the Senate.
(v)  The Majority Leader of the House of Representatives.
(vi)  The Minority Leader of the House of Representatives.
(vii)  The chairperson and minority chairperson of the Appropriations Committee of the Senate.
(viii)  The chairperson and minority chairperson of the Appropriations Committee of the House
of Representatives.

(ix)  The chairperson and minority chairperson of the Labor and Industry Committee of the
Senate.

(x)  The chairperson and minority chairperson of the Labor and Industry Committee of the
House of Representatives.

* * *
Section 2.  Article XXII-B of the act is repealed:
[ARTICLE XXII-B
COORDINATION OF COMMONWEALTH
COMMUNITY SERVICE PROGRAMS
Section 2201-B.  Definitions.--The following words and phrases when used in this article shall have
the meanings given to them in this section unless the context clearly indicates otherwise:

"Board" means the Community Service Advisory Board.
"Community-based agency" means a private, nonprofit organization that is representative
of a community or a significant segment of a community that is engaged in meeting
human, educational or environmental community needs.

"Community service" means performance of tasks designated to accomplish any of the
following:

(1)  Environmental preservation, enhancement and remediation.
(2)  Promotion of the well-being of children, the elderly, persons with physical or developmental
disabilities and persons with low incomes.

(3)  Educational development, including, but not limited to, literacy training, adult basic
education courses and instruction in job search skills and job application skills.

(4)  Improvement activities on public lands or facilities.
(5)  Projects or activities calculated to improve public health, safety and welfare developed
by the board.

(6)  Educational activities, through a Pennsylvania education system or a community or
governmental entity, that instill an ethic of civic responsibility and citizenship
in all Pennsylvanians and in particular young Pennsylvanians.

"Department" means the Department of Labor and Industry of the Commonwealth.
"Office" means the Governor's Office of Citizen Service (PennSERVE) within the Department
of Labor and Industry.

Section 2202-B.  Governor's Office of Citizen Service (PennSERVE) Established.--(a)  There is hereby established within the department the Governor's Office of Citizen
Service (PennSERVE).

(b)  The department shall provide staff, space, equipment and supplies for the office to
discharge its duties.

Section 2203-B. Responsibilities of Office.--(a)  The predominant, but not the sole responsibility of the office shall be to coordinate
the development and implementation of community service programs within this Commonwealth.

(b)  PennSERVE is established to make community service the common expectation and experience
of all Pennsylvanians with a special concentration on Pennsylvania's young people.

(c)  PennSERVE shall work to renew the ethic of civic responsibility in Pennsylvania and
to involve and enroll young people in service opportunities that will benefit Pennsylvania
while offering our young people literacy skills and improved job skills. PennSERVE
shall build on the existing organizational framework of State, local and community-based
programs and agencies to expand full-time and part-time service opportunities for
all citizens, but particularly youth.

(d)  All Commonwealth departments, agencies, boards, commissions and instrumentalities
shall share information and cooperate with the office to enable it to perform the
functions assigned to it in this article.

(e)  The expenditure of money by PennSERVE for the compensation of participants, other
than PennSERVE employes, in a community service program or in any other program established
by a community-based agency or by the Commonwealth or a political subdivision is prohibited.

Section 2204-B.  Commonwealth Departments and Agencies.--The office shall have the following powers
and duties:

(1)  (i)  To develop jointly with the Department of Education and the Pennsylvania Higher Education
Assistance Agency a plan under which at least ten per centum (10%) of the funds available
under Title IV of the Higher Education Act of 1965 (Public Law 89-329, 79 Stat. 1219)
may be used to permit students to perform community service. The office shall assist
the Department of Education and the Pennsylvania Higher Education Assistance Agency
in preparing a public information program for students receiving the funds to apprise
them of the community service option.

(ii)  To develop jointly with the Department of Education and the Pennsylvania Higher Education
Assistance Agency a plan to encourage college and university students to participate
in thirty (30) hours of community service each year. The plan shall include tuition
reimbursement or academic course credit or tuition reimbursement and academic course
credit for students who perform community service.

(2)  To cooperate with the Department of Community Affairs to produce the following:
(i)  A plan to advise local governments of the procedure for establishing community service
programs. The plan shall include creation of a data base that will enable local governments
to share information with educational institutions, community-based agencies and other
entities and individuals concerned with community service and the private sector on
a regional basis.

(ii)  An informational brochure or pamphlet for local governments that describes community-based
agencies and explains the desirability of having participants in community service
and recipients of community service serve on the governing board of community-based
agencies.

(3)  To work jointly with the Department of Corrections and the State Board of Education
to formulate and implement a project to encourage children adjudicated delinquent
for commission of nonviolent offenses to perform community service for local governments
and school districts. The project shall include an evaluative and reflective component.

(4)  To cooperate with the Department of Education to implement the policy of the State
Board of Education that all secondary, college and university students be encouraged
to become involved in community service.

(5)  (i)  To work with other bureaus and offices of the department to attempt to obtain increased
Federal funding for the Pennsylvania Conservation Corps and Summer Youth Corps programs.

(ii)  To meet and consult with other bureaus and offices of the department to enhance the
quality and efficiency of job training programs.

(6)  To assist the Department of Environmental Resources in incorporating the goals of
protecting the environment, promoting recreational facilities and restoring public
parks into the mission of the Pennsylvania Conservation Corps.

(7)  To work with the Department of Aging to produce the following results:
(i)  Involvement of young people in assisting professional staff in the delivery of services
to older Pennsylvanians in nursing homes, retirement communities or personal households.

(ii)  Expansion of service opportunities that combine the human resources of younger Pennsylvanians
with the human resources of older Pennsylvanians to expand intergenerational programs
so as to combine the energy, wisdom, strength and time of both our younger and older
population in order to address vital social needs.

(8)  To develop with the Department of Health a proposal that will allow young people to
be involved in the health-related activities, including, but not limited to, the following:

(i)  Educational programs that are aimed at increasing awareness in communities and educational
institutions about community health problems.

(ii)  Engagement with community health clinics and professional medical personnel to ensure
that all Pennsylvania children are immunized.

(9)  To work with the Department of Transportation to meet the transportation and infrastructure
needs of Pennsylvania by ensuring the eligibility of the Pennsylvania Conservation
Corps or local corps to perform contract work that may include, but need not be limited
to, maintenance work, rehabilitation and repainting of bridge and underpass structures
and beautifying efforts along public roadways.

(10)  To develop and implement with the Department of Public Welfare a plan for job training
programs that will have community service options which can serve as a transition
from public assistance to sustained employment.

Section 2205-B.  Liaison with Federal Government.--The office shall serve as the liaison between the
Federal Government and State, county and local governments for submitting grant proposals,
accessing funds, seeking changes in Federal community service laws and regulations
and related purposes.

Section 2206-B.  Annual Report.--The office, through the Secretary of Labor and Industry, shall submit
an annual report of its activities to the General Assembly.

Section 2207-B.  Community Service Advisory Board.--(a)  There is hereby established within the department the Community Service Advisory Board
which shall include no more than twenty-five (25) members.

(b)  The board shall include the following members:
(1)  The Secretary of Labor and Industry who shall be the presiding officer of the board.
(2)  The Secretary of Education.
(3)  The Secretary of Community Affairs.
(4)  The Secretary of Corrections.
(5)  The executive director of the Pennsylvania Higher Education Assistance Agency.
(6)  A member of the Senate appointed by the Majority Leader.
(7)  A member of the Senate appointed by the Minority Leader.
(8)  A member of the House of Representatives appointed by the Majority Leader.
(9)  A member of the House of Representatives appointed by the Minority Leader.
(10)  A representative of the State System of Higher Education, who is an active member
of the Pennsylvania Campus Compact, appointed by the Governor.

(11)  A representative of a private college or university, who is an active member of the
Pennsylvania Campus Compact, appointed by the Governor.

(12)  A college or university student, who is personally involved in community service,
appointed by the Governor.

(13)  One adult and one minor, who are actively involved in the Pennsylvania Conservation
Corps or the Summer Youth Corps, both appointed by the Governor.

(14)  A public school administrator, appointed by the Governor.
(15)  A secondary public school student, appointed by the Governor.
(16)  Two representatives of community-based agencies, both appointed by the Governor.
(17)  A member of a labor organization, appointed by the Governor.
(18)  A member representing the business community, appointed by the Governor.
(19)  A member of the Pennsylvania Service Delivery Area, appointed by the Governor.
(20)  Other members, at the discretion of and appointed by the Governor.
(c)  The terms of office of the public members shall coincide with the terms of their respective
elective or appointive offices. Members appointed by the Governor shall serve for
a term of two years. No member shall serve for more than two consecutive terms on
the board.

(d)  The board shall have the power to adopt rules governing its organization and its procedure.
(e)  The members of the board shall receive no compensation for their services on the board,
but shall be reimbursed by the department for ordinary and necessary expenses incurred
in the performance of their duties.

(f)  The board shall consult with and advise the office on the development of a Statewide
plan for expansion of community service opportunities. The board shall encourage youth
to participate in community service, shall disseminate information concerning community
service and shall monitor the effectiveness and geographical distribution of community
service programs. The board shall also have the power to develop novel community service
programs.]

Section 3.  The act is amended by adding articles to read:
ARTICLE XXII-C
PENNSERVE
Section 2201-C.  Definitions.
The following words and phrases when used in this article shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"Board."  The PennSERVE Advisory Board established under section 2206-C.
"Community service."  The performance of tasks designated to accomplish any of the following:
(1)  The promotion of the well-being of children, older adults, persons with physical or
developmental disabilities or persons with low incomes.

(2)  Educational development, including literacy training, adult basic education courses
or instruction in job search skills, job application skills, school readiness or postsecondary
access.

(3)  Projects or activities calculated to improve public health and safety.
(4)  Environmental preservation, enhancement and remediation, including the conservation
of natural habitats, maintenance of public lands or promotion of environmental stewardship.

(5)  Activities to increase the preparation of individuals for disasters, improve individuals'
readiness to respond to disasters, help individuals recover from disasters or help
mitigate disasters.

(6)  Facilitate access to services and resources that contribute to the economic well-being
of Pennsylvanians, including financial literacy, healthy and affordable housing or
improved employment readiness or skills.

(7)  Impact the quality of life of veterans and military families.
(8)  Educational activities, through a Pennsylvania education system or community or governmental
entity, which instill an ethic of civic responsibility and citizenship in all Pennsylvanians
and in particular young Pennsylvanians.

"Community-based agency."  A private, nonprofit organization that is representative of a community or a significant
segment of a community that is engaged in meeting human, educational or environmental
community needs.

"Department."  The Department of Labor and Industry of the Commonwealth.
"National and Community Service Act of 1990."  The National and Community Service Act of 1990 (Public Law 101-610, 104 Stat. 3127),
as amended.

"Office."  The PennSERVE Office within the department established under section 2202-C.
Section 2202-C.  PennSERVE Office established.
The PennSERVE Office is established within the department. The department shall provide
staff, space, equipment and supplies for the office for the discharge of office duties.

Section 2203-C.  Responsibilities and duties of office.
The office shall:
(1)  Administer programs of the National and Community Service Act of 1990 for the Commonwealth.
(2)  Develop a three-year comprehensive national and community service plan and establishment
of Commonwealth priorities.

(3)  Administer a competitive process in compliance with Federal regulations to select
service programs to be included in the applications to the Federal agency responsible
for administering the National and Community Service Act of 1990.

(4)  Administer, oversee and monitor the performance and progress of funded programs, including
evaluation, monitoring and providing technical assistance.

(5)  Assist in the development of high-quality community service programs.
(6)  Develop mechanisms for recruitment and placement of individuals interested in participating
in service programs, with a special emphasis on engaging disconnected youth and individuals
from unserved communities.

(7)  Facilitate publicity and recognition of volunteerism and community service.
Section 2204-C.  State coordination.
(a)  Consultation.--The office shall meet and consult with other bureaus and offices of
the department to coordinate and enhance the quality and efficiency of service, workforce
development and job training programs.

(b)  Education services.--The office may develop jointly with the Department of Education
and the Pennsylvania Higher Education Assistance Agency a plan to increase community
service opportunities for students and graduates. The office may assist the Department
of Education and the Pennsylvania Higher Education Assistance Agency in preparing
a public information program for students and graduates to apprise them of community
service options.

(c)  Aging services.--The office may work with the Department of Aging to expand service
opportunities that combine the human resources of younger Pennsylvanians with the
human resources of older Pennsylvanians to expand intergenerational programs.

(d)  Health services.--The office may develop with the Department of Health a proposal
that will allow young people to be involved in health-related activities, including
educational programs that are aimed at increasing awareness in communities and educational
institutions about community health problems.

Section 2205-C.  Federal coordination.
The office shall serve as the liaison between the Federal Government and State, county
and local governments for submitting grant proposals, accessing funds, seeking changes
in Federal community service laws and regulations and related purposes.

Section 2206-C.  PennSERVE Advisory Board.
(a)  Establishment.--The PennSERVE Advisory Board is established within the department.
(b)  Voting members.--
(1)  The board shall include at least 15 voting members, but not more than 25 voting members,
who shall serve for renewable three-year terms consistent with Federal regulations
issued under the National and Community Service Act of 1990.

(2)  Voting members of the board shall include the following:
(i)  The Secretary of Labor and Industry, or a designee, who shall serve as the presiding
officer of the board.

(ii)  The Secretary of Education, or a designee.
(iii)  The following individuals appointed by the Governor:
(A)  A representative of a community-based agency or organization in this Commonwealth.
(B)  A representative of local government in this Commonwealth.
(C)  A representative of local labor organizations in this Commonwealth.
(D)  A representative of business.
(E)  An individual who is at least 16 years of age, less than 26 years of age and who is
a participant or supervisor of a service program for school-age youth or a campus-based
or national service program.

(F)  A representative of a national service program.
(G)  An individual with expertise in the educational, training and development needs of
youth, particularly disadvantaged youth.

(H)  An individual with experience in promoting the involvement of older adults who are
55 years of age or older in service and volunteerism.

(I)  A representative of the volunteer sector.
(iv)  A member of the Senate appointed by the Majority Leader of the Senate, or a designee.
(v)  A member of the House of Representatives appointed by the Majority Leader of the House
of Representatives, or a designee.

(vi)  A member of the Senate appointed by the Minority Leader of the Senate, or a designee.
(vii)  A member of the House of Representatives appointed by the Minority Leader of the House
of Representatives, or a designee.

(3)  The Governor may appoint voting members of the board who are educators, including
representatives from institutions of higher education and local education agencies,
and experts in the delivery of human, educational, environmental or public safety
services to communities and individuals.

(c)  Representation.--A voting member of the board may represent none, one or more than
one category specified in subsection (b)(2)(iii).

(d)  Ex officio, nonvoting members.--The board shall include the following public officials
as ex officio, nonvoting members:

(1)  The Secretary of Aging, or a designee.
(2)  The Secretary of Community and Economic Development, or a designee.
(3)  The Secretary of Corrections, or a designee.
(4)  The Secretary of Health, or a designee.
(5)  The Secretary of Human Services, or a designee.
(6)  The executive director of the Pennsylvania Higher Education Assistance Agency, or
a designee.

(e)  Public officials.--The terms of office of the elected public officials designated
in subsection (b)(2)(iii)(B), (iv), (v), (vi) and (vii) shall coincide with the terms
of their respective elective or appointive offices. Public official members shall
continue to serve after the expiration of their term until the appointing authority
appoints a replacement unless the member is no longer a public official at the time
of their term expiration.

(f)  Federal representative.--Consistent with Federal regulations, the individual who is
an employee of the Federal agency responsible for administering the National and Community
Service Act of 1990 and who is designated to serve as a representative to each State
or group of States shall be included as an ex officio, nonvoting member on the board.

(g)  Diversity.--To the extent practicable, the board shall be diverse with respect to
race, ethnicity, religion, age, gender, gender identity, sexual orientation, disability
characteristics and geographic representation.

(h)  Chairperson.--The chairperson of the board shall be elected by the voting members
of the board. To be eligible to serve as chairperson, an individual must be an appointed,
voting member of the board.

(i)  Rules.--The board may adopt rules governing its organization and procedures.
(j)  Compensation.--The members of the board shall receive no compensation for their services
on the board but shall be reimbursed by the department for ordinary and necessary
expenses incurred in the performance of their duties as members of the board.

(k)  Consultation.--The board shall consult with and advise the office on the development
of a Statewide plan for expansion of community service opportunities.

(l)  Goals.--The board shall:
(1)  Encourage all Pennsylvanians to participate in community service.
(2)  Disseminate information concerning community service.
(3)  Monitor the effectiveness and geographical distribution of community service programs.
(m)  Novel programs.--The board may develop novel community service programs.
(n)  Support services.--The board shall be supported in its duties by the staff of the
office and may use operational support services of the office, such as mailing and
duplication services, to carry out its duties.

ARTICLE XXIV-C
PUBLIC WORKS EMPLOYMENT VERIFICATION
Section 2401-C.  Definitions.
The following words and phrases when used in this article shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"Department."  The Department of General Services of the Commonwealth.
"Employee."  An individual hired by a public works contractor or subcontractor for whom the public
works contractor or subcontractor 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 for employees.

"Public body."  The Commonwealth of Pennsylvania, any of its political subdivisions, any authority
created by the General Assembly of the Commonwealth and any instrumentality or agency
of the Commonwealth.

"Public work."  As defined under section 2 of the act of August 15, 1961 (P.L.987, No.442), known
as the Pennsylvania Prevailing Wage Act.

"Public works contractor."  A contractor that provides work under a contract involving a public work.
"Secretary."  The Secretary of General Services of the Commonwealth.
"Subcontractor."  A person, other than a natural person, regardless of its tier, including, but not
limited to, a staffing agency that performs work for a public works contractor under
a contract for a public work. The term shall not include persons that are material
suppliers for a project.

"Willful."  Action or conduct undertaken intentionally or with reckless disregard for or deliberate
ignorance of the requirements and obligations established under this article.

Section 2402-C.  Duty of public works contractors and subcontractors.
(a)  General rule.--A public works contractor or subcontractor shall participate in EVP
and shall, subject to the requirements of Federal law governing the use of EVP, use
EVP to verify employment eligibility of each new employee. The department shall post
on its publicly accessible Internet website information regarding the requirements
of Federal law governing the use of EVP.

(b)  Discrimination prohibited.--In conducting the verification required by this section,
a public works contractor or subcontractor shall not discriminate against an employee
on the basis of race, ethnicity, color or national origin.

Section 2403-C.  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 responsibilities under and its
compliance with section 2402-C 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 article.

(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
2402-C and stating that the subcontractor is enrolled in EVP. Contracts between a
subcontractor and its subcontractors shall contain information about the requirements
of this article.

(c)  Form.--The verification form required by this section shall be on a form prescribed
by the secretary and posted on the department's publicly accessible Internet website
and shall comply with the following additional requirements:

(1)  The statement shall include a certification that the information in the statement
is true and correct and that the individual signing the statement understands that
the submission of false or misleading information in connection with the verification
shall subject the individual and the public works contractor or subcontractor, as
the case may be, to sanctions provided by law.

(2)  The statement shall be signed by a representative of the public works contractor or
subcontractor, as applicable, who has sufficient knowledge and authority to make the
representations and certifications contained in the statement.

Section 2404-C.  Violations.
It is a violation of this article for a public works contractor or subcontractor on
a public work to:

(1)  Fail to verify the employment eligibility of a new employee through EVP in accordance
with Federal law.

(2)  Not provide the verification form as required under section 2403-C or make a false
statement or misrepresentation with respect to completing the form.

Section 2405-C.  Enforcement and sanctions.
(a)  General rule.--The department shall enforce this article.
(b)  Investigation of complaints.--The department shall accept, review and investigate
in a timely manner any credible complaint that a public works contractor or subcontractor
has violated a provision of this article.

(c)  Audits.--To ensure compliance with the requirements of this article, the department
shall conduct complaint-based and random audits of public works contractors and subcontractors
in this Commonwealth.

(d)  Reimbursement of department.--
(1)  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:

(i)  is debarred from public work under subsection (e); or
(ii)  is subject to a civil penalty under subsection (f).
(2)  The cost of an audit shall be reasonably based on the amount of staff time spent on
conducting an individual audit.

(e)  Sanctions.--The following sanctions shall apply only to a violation under section
2404-C(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 publicly accessible Internet website.

(2)  For a second violation, a public works contractor or subcontractor shall be debarred
from public work for 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 one year and not more than 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 years.

(5)  Notwithstanding the provisions of paragraph (1), (2) or (3), a violation by a public
works contractor or subcontractor that occurs 10 or more years 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 article involving a single public works contract shall be considered
a single violation despite the number of employees that are the subject of the violations.

(f)  Civil penalty and sanctions.--The following shall apply:
(1)  A public works contractor or subcontractor that violates section 2404-C(2) shall be
subject to a civil penalty of not less than $2,500 and not more than $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 2404-C(2), a public works contractor or subcontractor shall be subject
to debarment for not less than 60 days nor more than three years, depending on the
duration and severity of the violation.

(g)  Notice and appeal.--Actions taken by the department under subsections (e)(1), (2)
and (3) and (f) shall be subject to the notice, appeal and other provisions of 2 Pa.C.S.
(relating to administrative law and procedure).

Section 2406-C.  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 2405-C(f)
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 article.

Section 2407-C.  Protection from retaliation.
(a)  General rule.--It shall be unlawful for a public works contractor or subcontractor
to discharge, threaten or 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 article; or

(2)  reports or makes a complaint regarding the violation of this article to a public works
contractor or subcontractor or to any 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 180 days 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 2408-C.  Good faith immunity.
A public works contractor or subcontractor that relies in good faith on EVP procedures
to verify employment eligibility of new employees under this article shall be immune
from the sanctions authorized under section 2405-C and shall have no liability to
an individual who is not hired or who is discharged from employment in the event that
incorrect information has been provided to the public works contractor or subcontractor.
A public works contractor or subcontractor that can produce written acknowledgment
provided by an applicable Federal agency of use of EVP is considered to have acted
in good faith.

Section 2409-C.  Public works contractor and subcontractor liability.
Nothing in this article may be construed to render a public works contractor liable
for the action of a subcontractor or a subcontractor liable for an action of another
subcontractor.

Section 2410-C.  Rules and regulations.
The department may promulgate rules and regulations necessary to administer and enforce
this article.

Section 2411-C.  Cooperation among departments.
The department may enter into agreements with the Department of Labor and Industry
or any other Commonwealth agency to provide for the cooperative enforcement of the
provisions of this article.

Section 4.  Repeals are as follows:
(1)  The General Assembly declares that the repeal under paragraph (2) is necessary to
effectuate the addition of Article XXIV-C of the act.

(2)  The act of July 5, 2012 (P.L.1086, No.127), known as the Public Works Employment Verification
Act, is repealed.

Section 5.  The addition of Article XXII-C of the act is a continuation of Article XXII-B of the
act. Except as otherwise provided in Article XXII-C of the act, all activities initiated
under Article XXII-B of the act shall continue and remain in full force and effect
and may be completed under Article XXII-C of the act. Orders, regulations, rules and
decisions which were made under Article XXII-B of the act and which are in effect
on the effective date of section 2 of this act shall remain in full force and effect
until revoked, vacated or modified under Article XXII-C of the act. Contracts, obligations
and collective bargaining agreements entered into under Article XXII-B of the act
are not affected nor impaired by the repeal of Article XXII-B of the act.

Section 6.  The addition of Article XXIV-C of the act is a continuation of the act of July 5,
2012 (P.L.1086, No.127), known as the Public Works Employment Verification Act. Except
as otherwise provided in Article XXIV-C of the act, all activities initiated under
the Public Works Employment Verification Act shall continue and remain in full force
and effect and may be completed under Article XXIV-C of the act. Orders, regulations,
rules and decisions which were made under the Public Works Employment Verification
Act and which are in effect on the effective date of section 4(2) of this act shall
remain in full force and effect until revoked, vacated or modified under Article XXIV-C
of the act. Contracts, obligations and collective bargaining agreements entered into
under the Public Works Employment Verification Act are not affected nor impaired by
the repeal of the Public Works Employment Verification Act.

Section 7.  This act shall take effect in 60 days.
 
APPROVED--The 3rd day of November, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes