PRINTER'S NO. 2250
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1681
Session of
2017
INTRODUCED BY MARSICO, TALLMAN, PICKETT, WARD, M. K. KELLER,
FEE, MILLARD, HICKERNELL, GREINER, KAUFFMAN, DUNBAR, SAYLOR,
LAWRENCE, A. HARRIS, GROVE, MENTZER, BLOOM, ZIMMERMAN,
B. MILLER, DELOZIER, RYAN AND MILNE, JULY 22, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 22, 2017
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, 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
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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.
(2.1) "Locally funded" means a project that is funded
entirely by funds:
(i) paid to counties under 75 Pa.C.S. § 9010(b) (relating to
disposition and use of tax), including borrowed funds under 75
Pa.C.S. § 9010(b)(2)(ii) whether expended by the county or
allocated or apportioned to political subdivisions;
(ii) allocated or apportioned to municipalities under the
act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the
Liquid Fuels Tax Municipal Allocation Law;
(iii) allocated from municipal budgetary sources using
revenues derived through municipal taxes or fees; or
(iv) allocated to municipalities under 58 Pa.C.S. (relating
to oil and gas).
(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 locally funded road projects:
(i) Replacement in kind with current Department of
Transportation design criteria and standards of guide rails,
curbs, sidewalks, pipes, walkways, painted lines and other
related road equipment.
(ii) Repair of pavement surface by:
(A) laying material up to three and one-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
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(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 painting, except when combined with bridge
rehabilitation, bridge cleaning, bridge washing, bridge
resurfacing with blacktop or minor nonstructural improvements or
repairs.
(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. When applied to
locally funded road projects, the term includes projects that
utilize a combination of maintenance, rehabilitation and
reconstruction on existing alignment in which nonmaintenance
items exceed fifteen percent (15%) of the total project cost.
(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
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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 apply to contracts entered into on
or after the effective date of this act.
Section 3. This act shall take effect in 60 days.
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