Pennsylvania HB 610: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in public works employment verification, further providing for definitions, for duty of public works contractors and subcontractors, for verification form, for violations, for enforcement and sanctions, for Public Works Employment Verification Account, for protection from retaliation, for good faith immunity and for public works contractor and subcontractor liability; and making an editorial change.

Bill Text

PRINTER'S NO. 623
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 610
Session of
2025
INTRODUCED BY M. MACKENZIE, KAUFFMAN AND BERNSTINE,
FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 20, 2025
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 public works employment verification, further
providing for definitions, for duty of public works
contractors and subcontractors, for verification form, for
violations, for enforcement and sanctions, for Public Works
Employment Verification Account, for protection from
retaliation, for good faith immunity and for public works
contractor and subcontractor liability; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XXIV-C heading and sections 2401-C, 2402-
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C, 2403-C, 2404-C, 2405-C, 2406-C heading and (a), 2407-C(a),
2408-C and 2409-C of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929, are amended to read:
ARTICLE XXIV-C
PUBLIC [WORKS] CONTRACTOR 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:
"Contract." A type of written agreement, between a public
body and a public contractor, regardless of what the agreement
may be called, for the procurement or disposal of supplies,
services or construction and executed by all parties in
accordance with all applicable State law.
"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.]
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"Public [works] contractor." A contractor that provides work
under a contract [involving a public work] with a public body.
"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
construction 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]
(1) Except as provided in paragraph (2), 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.
(2) A public contractor or subcontractor without
employees shall not be required to enroll in EVP. The
following shall apply:
(i) For the purposes of section 2403-C, a public