PRINTER'S NO. 258
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
351
Session of
2015
INTRODUCED BY SMUCKER, EICHELBERGER, GORDNER, BAKER, FOLMER,
ALLOWAY, AUMENT, WHITE AND BROOKS, JANUARY 28, 2015
REFERRED TO LABOR AND INDUSTRY, JANUARY 28, 2015
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
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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
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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.
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