PRINTER'S NO. 1741
No. 1459 Session of 2001
INTRODUCED BY HABAY, DeLUCA AND WILT, APRIL 30, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 30, 2001
AN ACT
1 Prohibiting a political subdivision or its authority or agency
2 from requiring a proportion of workers on a construction
3 project to be residents of a particular municipality.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Open Work
8 Force Law.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Construction contract." An agreement for the erection,
14 repair, alteration or demolition of a building, bridge, roadway
15 or other structure or any other improvement to real property of
16 a political subdivision or its authority or agency.
17 Section 3. General rule.
18 A political subdivision or its authority or agency shall not,
1 by ordinance, resolution or otherwise, require that a specified
2 percentage of the work force, or of the hours worked, under a
3 construction contract be made up of or performed by individuals
4 who are residents of a specific municipality, if any portion of
5 the construction contract or of the project to which the
6 construction contract relates is financed utilizing Federal or
7 Commonwealth funds.
8 Section 4. Construction contracts.
9 No construction contract executed by a political subdivision
10 or its authority or agency may contain a provision which
11 requires that a specific percentage of the work force, or of the
12 hours worked, under the construction contract be made up of or
13 performed by individuals who are residents of a specific
14 municipality, if any portion of the construction or of the
15 project to which the construction contract relates is financed
16 utilizing Federal or Commonwealth funds.
17 Section 5. Voiding of ordinance, etc.
18 Any ordinance, resolution, contractual provision or other
19 measure which violates section (3) or (4) is void.
20 Section 6. Remedies.
21 If this act is violated, the Commonwealth may do any or all
22 of the following:
23 (1) Enjoin the violation or seek other equitable
24 remedies.
25 (2) Seek remedies at law.
26 (3) Withhold funding for the project to which the
27 construction contract relates.
28 Section 7. Applicability.
29 This act shall apply to construction contracts entered into,
30 amended or renewed on or after the effective date of this act.
20010H1459B1741 - 2 -
1 Section 8. Effective date.
2 This act shall take effect in 60 days.
D4L53MRD/20010H1459B1741 - 3 -