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                                                      PRINTER'S NO. 4747

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3003 Session of 2006


        INTRODUCED BY MARSICO, SAYLOR, SCAVELLO, MAHER, ARGALL, BALDWIN,
           BASTIAN, BIRMELIN, BOYD, CAUSER, CLYMER, CREIGHTON,
           DENLINGER, FAIRCHILD, FLEAGLE, FORCIER, GABIG, GEIST,
           GINGRICH, GRELL, HARPER, HERSHEY, HESS, HICKERNELL, KAUFFMAN,
           M. KELLER, LEH, MACKERETH, MAITLAND, McILHATTAN, METCALFE,
           MILLARD, R. MILLER, S. MILLER, NAILOR, NICKOL, PAYNE,
           PICKETT, PYLE, REICHLEY, ROHRER, ROSS, SATHER, SCHRODER,
           SIPTROTH, B. SMITH, STEIL, STERN, R. STEVENSON, TRUE, TURZAI,
           WATSON, WILT AND ZUG, OCTOBER 5, 2006

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 5, 2006

                                     AN ACT

     1  Amending the act of August 15, 1961 (P.L.987, No.442), entitled
     2     "An act relating to public works contracts; providing for
     3     prevailing wages; imposing duties upon the Secretary of Labor
     4     and Industry; providing remedies, penalties and repealing
     5     existing laws," further providing for definitions.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 2 of the act of August 15, 1961 (P.L.987,
     9  No.442), known as the Pennsylvania Prevailing Wage Act, amended
    10  August 9, 1963 (P.L.653, No.342), is amended to read:
    11     Section 2.  Definitions.--As used in this act--
    12     (1)  "Department" means Department of Labor and Industry of
    13  the Commonwealth of Pennsylvania.
    14     (2)  "Locality" means any political subdivision, or
    15  combination of the same, within the county in which the public
    16  work is to be performed. When no workmen for which a prevailing

     1  minimum wage is to be determined hereunder are employed in the
     2  locality, the locality may be extended to include adjoining
     3  political subdivisions where such workmen are employed in those
     4  crafts or trades for which there are no workmen employed in the
     5  locality as otherwise herein defined.
     6     (3)  "Maintenance work" means the repair of existing
     7  facilities when the size, type or extent of such facilities is
     8  not thereby changed or increased. The term includes the
     9  following actions taken on roads:
    10     (i)  Replacement in kind, or compliance with current
    11  Department of Transportation design criteria and standards, of
    12  guide rails, curbs, pipes, line painting and other related road
    13  equipment.
    14     (ii)  Repair of pavement service by:
    15     (A)  laying bituminous material up to three and a half inches
    16  thick or up to four hundred twenty pounds per square yard on
    17  asphalt pavement, cement concrete or other hard surface,
    18  including associated milling, and related work raising existing
    19  paved shoulders to new grade; or
    20     (B)  patching of cement concrete surface to include joint
    21  spalling and repair work.
    22     (iii)  Widening of existing alignment which does not result
    23  in additional lanes or new shoulders.
    24     (iv)  Bridge cleaning, washing, resurfacing with blacktop,
    25  minor non-structural repairs or improvements and painting except
    26  when combined with complete bridge rehabilitation.
    27     (4)  "Public body" means the Commonwealth of Pennsylvania,
    28  any of its political subdivisions, any authority created by the
    29  General Assembly of the Commonwealth of Pennsylvania and any
    30  instrumentality or agency of the Commonwealth of Pennsylvania.
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     1     (5)  "Public work" means construction, reconstruction,
     2  demolition, alteration and/or repair work other than maintenance
     3  work, done under contract and paid for in whole or in part out
     4  of the funds of a public body where the estimated cost of the
     5  total project is in excess of twenty-five thousand dollars
     6  ($25,000), but shall not include work performed under a
     7  rehabilitation or manpower training program. The term includes
     8  combination rehabilitation/reconstruction projects where non-
     9  maintenance items exceed fifteen percent of the total project
    10  cost.
    11     (6)  "Secretary" means the Secretary of Labor and Industry or
    12  his duly authorized deputy or representative.
    13     (7)  "Workman" includes laborer, mechanic, skilled and semi-
    14  skilled laborer and apprentices employed by any contractor or
    15  subcontractor and engaged in the performance of services
    16  directly upon the public work project, regardless of whether
    17  their work becomes a component part thereof, but does not
    18  include material suppliers or their employes who do not perform
    19  services at the job site.
    20     (8)  "Work performed under a rehabilitation program," means
    21  work arranged by and at a State institution primarily for
    22  teaching and upgrading the skills and employment opportunities
    23  of the inmates of such institutions.
    24     (9)  "Advisory Board" means the board created by section 2.1
    25  of this act.
    26     (10)  "Appeals Board" means the board created by section 2.2
    27  of this act.
    28     Section 2.  This act shall take effect in 60 days.


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