| PRINTER'S NO. 753 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 665 | Session of 2013 |
INTRODUCED BY MARSICO, MACKENZIE, PICKETT, AUMENT, F. KELLER, CUTLER, KAUFFMAN, CAUSER, BLOOM, TALLMAN, DUNBAR, WATSON, HICKERNELL, ROCK, MOUL, FLECK, SAYLOR, GROVE, EVERETT, BAKER, SWANGER, MILLARD, LAWRENCE, SCHLEGEL CULVER, MILLER, HAHN, C. HARRIS, M. K. KELLER, STEVENSON, GINGRICH, PEIFER, ROSS AND MILNE, FEBRUARY 12, 2013
REFERRED TO COMMITEE ON LABOR AND INDUSTRY, FEBRUARY 12, 2013
AN ACT
1Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2"An act relating to public works contracts; providing for
3prevailing wages; imposing duties upon the Secretary of Labor
4and Industry; providing remedies, penalties and repealing
5existing laws," further providing for definitions.
6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:
8Section 1. Section 2 of the act of August 15, 1961 (P.L.987,
9No.442), known as the Pennsylvania Prevailing Wage Act, amended
10August 9, 1963 (P.L.653, No.342), is amended to read:
11Section 2. Definitions.--As used in this act--
12(1) "Department" means Department of Labor and Industry of
13the Commonwealth of Pennsylvania.
14(2) "Locality" means any political subdivision, or
15combination of the same, within the county in which the public
16work is to be performed. When no workmen for which a prevailing
17minimum wage is to be determined hereunder are employed in the
1locality, the locality may be extended to include adjoining
2political subdivisions where such workmen are employed in those
3crafts or trades for which there are no workmen employed in the
4locality as otherwise herein defined.
5(3) "Maintenance work" means the repair of existing
6facilities when the size, type or extent of such facilities is
7not thereby changed or increased. The term includes the
8following actions taken on roads:
9(i) Replacement in kind, or compliance with current
10Department of Transportation design criteria and standards, of
11guide rails, curbs, pipes, line painting and other related road
12equipment.
13(ii) Repair of pavement service by:
14(A) laying bituminous material up to three and a half inches
15thick or up to four hundred twenty pounds per square yard on
16asphalt pavement, cement concrete or other hard surface,
17including associated milling, and related work raising existing
18paved shoulders to new grade; or
19(B) patching of cement concrete surface to include joint
20spalling and repair work.
21(iii) Widening of existing alignment which does not result
22in additional lanes or new shoulders.
23(iv) Bridge cleaning, washing, resurfacing with blacktop,
24minor nonstructural repairs or improvements and painting, except
25when combined with complete bridge rehabilitation.
26(4) "Public body" means the Commonwealth of Pennsylvania,
27any of its political subdivisions, any authority created by the
28General Assembly of the Commonwealth of Pennsylvania and any
29instrumentality or agency of the Commonwealth of Pennsylvania.
30(5) "Public work" means construction, reconstruction,
1demolition, alteration and/or repair work other than maintenance
2work, done under contract and paid for in whole or in part out
3of the funds of a public body where the estimated cost of the
4total project is in excess of twenty-five thousand dollars
5($25,000), but shall not include work performed under a
6rehabilitation or manpower training program. The term includes
7combination maintenance/rehabilitation/reconstruction road
8projects on existing alignment in which nonmaintenance items
9exceed fifteen percent of the total project cost.
10(6) "Secretary" means the Secretary of Labor and Industry or
11his duly authorized deputy or representative.
12(7) "Workman" includes laborer, mechanic, skilled and semi-
13skilled laborer and apprentices employed by any contractor or
14subcontractor and engaged in the performance of services
15directly upon the public work project, regardless of whether
16their work becomes a component part thereof, but does not
17include material suppliers or their employes who do not perform
18services at the job site.
19(8) "Work performed under a rehabilitation program," means
20work arranged by and at a State institution primarily for
21teaching and upgrading the skills and employment opportunities
22of the inmates of such institutions.
23(9) "Advisory Board" means the board created by section 2.1
24of this act.
25(10) "Appeals Board" means the board created by section 2.2
26of this act.
27Section 2. This act shall take effect in 60 days.