THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SMUCKER, ORIE, SCARNATI, D. WHITE, ALLOWAY, GORDNER, FOLMER, EARLL, WAUGH, MENSCH, BRUBAKER AND BAKER, MARCH 14, 2011

REFERRED TO LABOR AND INDUSTRY, MARCH 14, 2011  

AN ACT

Amending the act of August 15, 1961 (P.L.987, No.442), entitled

"An act relating to public works contracts; providing for

prevailing wages; imposing duties upon the Secretary of Labor

and Industry; providing remedies, penalties and repealing

existing laws," further providing for definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of August 15, 1961 (P.L.987,

No.442), known as the Pennsylvania Prevailing Wage Act, amended

August 9, 1963 (P.L.653, No.342), is amended to read:

Section 2.  Definitions.--As used in this act--

(1)  "Department" means Department of Labor and Industry of

the Commonwealth of Pennsylvania.

(2)  "Locality" means any political subdivision, or

combination of the same, within the county in which the public

work is to be performed. When no workmen for which a prevailing

minimum wage is to be determined hereunder are employed in the

locality, the locality may be extended to include adjoining

political subdivisions where such workmen are employed in those

crafts or trades for which there are no workmen employed in the

locality as otherwise herein defined.

(3)  "Maintenance work" means the repair of existing

facilities when the size, type or extent of such facilities is

not thereby changed or increased. The term includes the

following actions taken on roads:

(i)  Replacement in kind, or compliance with current

Department of Transportation design criteria and standards, of

guide rails, curbs, pipes, line painting and other related road

equipment.

(ii)  Repair of pavement service by:

(A)  laying bituminous material up to three and a half inches

thick or up to four hundred twenty pounds per square yard on

asphalt pavement, cement concrete or other hard surface,

including associated milling, and related work raising existing

paved shoulders to new grade; or

(B)  patching of cement concrete surface to include joint

spalling and repair work.

(iii)  Widening of existing alignment which does not result

in additional lanes or new shoulders.

(iv)  Bridge cleaning, washing, resurfacing with blacktop,

minor nonstructural repairs or improvements and painting, except

when combined with complete bridge rehabilitation.

(4)  "Public body" means the Commonwealth of Pennsylvania,

any of its political subdivisions, any authority created by the

General Assembly of the Commonwealth of Pennsylvania and any

instrumentality or agency of the Commonwealth of Pennsylvania.

(5)  "Public work" means construction, reconstruction,

demolition, alteration and/or repair work other than maintenance

work, done under contract and paid for in whole or in part out

of the funds of a public body where the estimated cost of the

total project is in excess of twenty-five thousand dollars

($25,000), but shall not include work performed under a

rehabilitation or manpower training program.

(6)  "Secretary" means the Secretary of Labor and Industry or

his duly authorized deputy or representative.

(7)  "Workman" includes laborer, mechanic, skilled and semi-

skilled laborer and apprentices employed by any contractor or

subcontractor and engaged in the performance of services

directly upon the public work project, regardless of whether

their work becomes a component part thereof, but does not

include material suppliers or their employes who do not perform

services at the job site.

(8)  "Work performed under a rehabilitation program," means

work arranged by and at a State institution primarily for

teaching and upgrading the skills and employment opportunities

of the inmates of such institutions.

(9)  "Advisory Board" means the board created by section 2.1

of this act.

(10)  "Appeals Board" means the board created by section 2.2

of this act.

Section 2.  This act shall take effect in 60 days.