Hiring Illegal Workers Forbidden for Projects Funded by State Money

By: Rep. Robert E. Belfanti Jr.
(D-Columbia, Montour, Northumberland)

Governor Ed Rendell has signed into law the "Prohibition of Illegal Alien Labor on Assisted Projects Act." The legislation prohibits employers from knowingly hiring illegal aliens to work on any project that is financed by grants or loans from the state. Penalties would also apply if a contractor hired to do the work knowingly hired illegal workers.

As co-prime sponsor, I applaud the measure (Act 43 of 2006), which requires anyone who violates the law to repay grant money to the state, or repay the interest on the loan and/or the full amount of the loan. Violators would also be ineligible for any state grant or loan for two years.

There is a defense mechanism for grant recipients who require contractors to certify that no illegal workers will be used on a project -- the grant recipient must notify the federal government if it discovers the contractor is in violation.

As the Democrat chairman of the House Labor Relations Committee, this legislation was spurred by the arrests of more than 100 workers at a Wal-Mart construction site in Butler Township, Schuylkill County in November 2005. Wal-Mart said the workers had been hired by a subcontractor who assured the retail giant in a written contract that all local, state and federal employment laws would be followed.

This measure is part of a legislative package the House of Representatives is creating to provide better employment opportunities for Pennsylvania workers. We are working to raise the minimum wage, ensure affordable health benefits, and make the state friendlier to businesses that want to come to this state.

I want to recognize and thank the Republican committee chairman and his staff who worked very hard with me and my staff on this issue and this bill. This is a prime example of how working in a bipartisan manner can result in positive changes for the hardworking people of Pennsylvania.

The bill, HB2319, passed unanimously in the House and Senate and was signed by the governor on May 11, 2006. The law takes effect in 60 days.