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; providing
6for referendum for prevailing wage rates, for subsequent
7public referenda and for election interference prohibited;
8and making related repeals.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The definition of "public body" in section 2 of
12the act of August 15, 1961 (P.L.987, No.442), known as the 
13Pennsylvania Prevailing Wage Act, is amended and the section is
14amended by adding definitions to read:

15Section 2. Definitions.--As used in this act--

16* * *

17(4) "Public body" means the Commonwealth of Pennsylvania,
18any of its political subdivisions, excluding a school district 
19or an authority, agency or instrumentality established by one or 

1more school districts unless it satisfies section 13.1 or 13.2, 
2any authority created by the General Assembly of the
3Commonwealth of Pennsylvania and any instrumentality or agency
4of the Commonwealth of Pennsylvania.

5* * *

6(11) "County Board" means a county board of elections.

7(12) "County" means a county-level municipality within this
8Commonwealth, regardless of classification. The term includes a
9county which has adopted a home rule charter or optional plan of
10government under the provisions of 53 Pa.C.S. Pt. III Subpt. E
11(relating to home rule and optional plan government).

12(13) "School district" means a school district of the first
13class, first class A, second class, third class or fourth class,
14including an independent school district.

15Section 2. The act is amended by adding sections to read:

16Section 13.1. Referendum for Prevailing Wage Rates.--(a) To
17opt back in to the payment of minimum prevailing wage rates for
18public works projects by a school district or an authority,
19agency or instrumentality established by one or more school
20districts that is otherwise exempt from the requirements of this
21act, the county election officials shall cause the referendum
22question in subsection (b) to be submitted to the electorate in
23each county at the general election in 2015 to determine whether
24the voters in each county favor the payment of minimum
25prevailing wage rates on public works projects situated in that
26county and undertaken by a school district or an authority,
27agency or instrumentality established by one or more school
28districts in that county as provided for under this act.

29(b) The referendum question submitted to the electorate in
30each county at the general election in November 2015 shall be

1the following:

2Do you favor any and all public works projects undertaken in
3(insert county name) County by any school district and any
4authority, agency or instrumentality established by one or
5more school districts be constructed in accordance with the
6prevailing minimum wage rates for workmen employed on those
7projects as set forth in Pennsylvania's Prevailing Wage Act?

8(c) No later than thirty days after the effective date of
9this section, the Department of State shall notify the election
10officials of each county that a referendum question shall be
11scheduled for the general election in 2015. The Secretary of the
12Commonwealth shall certify the referendum question required
13under this section to the county boards of elections no later
14than ninety days prior to the November 2015 election. The
15referendum shall be conducted in accordance with the act of June
163, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election
17Code."

18(d) The Department of State shall draft a nonlegal
19interpretative statement which shall accompany the referendum
20question in each county in accordance with section 201.1 of the
21"Pennsylvania Election Code." The nonlegal interpretative
22statement shall be posted at each election site in the county
23and inform the voters of:

24(1) The reason for the referendum.

25(2) The consequence of the referendum being disapproved by
26the electorate.

27(3) The consequence of the referendum being approved by the
28electorate.

29(4) The type of public work projects impacted by the
30referendum.

1(5) The definition of prevailing minimum wage rates and an
2explanation of how, when and by whom the rates are established
3for the relevant county.

4(6) The definition of public works.

5(e) County election officials shall certify the results of
6the county's referendum required under this section to the
7Secretary of the Commonwealth in accordance with Article XIV of
8the "Pennsylvania Election Code." The Department of State shall
9notify the school district and the department of the results of
10the required referendum as soon as is practicable.

11(f) Approval of the county referendum required under this
12section shall be by majority vote of the electors voting on the
13question in the county. Where the referendum question under this
14subsection is approved, then beginning January 1 immediately
15following the date of the approval of the referendum required
16under subsection (a) and until the time that a subsequent
17referendum is disapproved by the county electorate in accordance
18with section 13.2, a public works project situated in that
19county commenced by a school district or an authority, agency or
20instrumentality established by one or more school districts
21after the approval of the referendum shall be constructed in
22compliance with the provisions of this act including paying
23minimum prevailing wage rates. Public works projects by a school
24district or an authority, agency or instrumentality established
25by one or more school districts in which a design or
26construction contract has been executed before January 1
27following the approval of the referendum shall continue to be
28exempt from the requirements of this act.

29(g) If the referendum question is not approved by a majority
30vote of the electors voting on the question in a county, then a

1school district or authority, agency or instrumentality
2established by one or more school districts shall not be
3required to comply with a provision of this act including the
4payment of minimum prevailing wage rates for public works
5projects commenced after the effective date of this section, and
6a school district or authority, agency or instrumentality
7established by one or more school districts in the county shall
8remain exempt from this section's requirements until the time
9that a subsequent referendum is approved and effective under
10section 13.2. Nothing in this subsection shall be construed to
11prohibit a school district from initiating new construction
12projects.

13(h) In instances where a school district is located in more
14than one county, the referendum result shall apply solely to the
15public works projects constructed by a school district in the
16geographic territory of the county where the public works
17project is located. The referendum results in one county shall
18not apply to public works projects constructed in a different
19county by a school district whose geographic territory is split
20by county boundaries.

21Section 13.2. Subsequent Public Referenda.--(a) In a
22county, a subsequent public referendum may be held at the
23general election in November of odd-numbered years, but not more
24than once every ten years, to determine the will of the county
25electors with respect to the payment of minimum prevailing wage
26rates on public works projects constructed by a school district
27or an authority, agency or instrumentality established by one or
28more school districts within the geographic limits of the county
29under the provisions of this act. The first subsequent public
30referendum may be conducted no earlier than the November 2025

1election.

2(b) The county board of elections shall cause a subsequent
3referendum question on paying minimum prevailing wage rates for
4public works projects constructed by a school district or an
5authority, agency or instrumentality established by one or more
6school districts to be placed on the ballot whenever a majority
7of the governing bodies of the school districts in that county
8adopts, by a majority vote, a resolution urging the county board
9of elections to place the subsequent referendum question on the
10ballot. A governing board of a school district adopting a
11resolution shall cause a certified copy of the resolution to be
12promptly submitted to the county board of elections in which a
13school district is situated no earlier than twelve months, but
14no later than one hundred eighty days prior to the November
15election in which it seeks the referendum question to be
16authorized. If a school district is located in more than one
17county, the governing body shall deliver a certified copy to the
18county board of elections for each county where the school
19district is located.

20(c) The form of the referendum question to be submitted to
21the electors of the county at a subsequent referendum shall be
22the following:

23Do you favor any and all public works projects undertaken in
24(insert county name) County by any school districts and any
25authority, agency or instrumentality established by one or
26more school districts be constructed in accordance with the
27prevailing minimum wage rates for workmen employed on those
28projects as set forth in Pennsylvania's Prevailing Wage Act?

29(d) The election officials of each county shall, in
30consultation with the school districts adopting the resolution,

1draft a nonlegal interpretative statement which shall accompany
2the referendum question in accordance with the act of June 3,
31937 (P.L.1333, No.320), known as the "Pennsylvania Election
4Code." The nonlegal interpretative statement shall inform the
5voters of:

6(1) The reason for the referendum.

7(2) The consequence of the referendum being disapproved by
8the electorate.

9(3) The consequence of the referendum being approved by the
10electorate.

11(4) The type of public work projects impacted by the
12referendum.

13(5) The definition of prevailing minimum wage rates and an
14explanation of how, when and by whom the rates are established
15for the relevant county.

16(6) The definition of public works.

17(e) The election officials of a county shall certify the
18results of a subsequent referendum required under this section
19to the Department of State in accordance with Article XIV of the
20"Pennsylvania Election Code." The Department of State shall
21notify the school district and the department of the results of
22the subsequent public referendum as soon as practicable.

23(f) Approval of a subsequent county referendum shall be by
24majority vote of the electors voting on the question in the
25county. If the referendum question is approved, then beginning
26January 1 immediately following the date of the approval of a
27subsequent county referendum permitted under subsection (a) and
28until the time that a subsequent referendum is disapproved by
29the county electorate, a public works project situated in that
30county commenced by a school district or an authority, agency or

1instrumentality established by one or more school districts
2shall be constructed in compliance with the provisions of this
3act including paying minimum prevailing wage rates. Public works
4projects by a school district or an authority, agency or
5instrumentality established by one or more school districts in
6which a design or construction contract has been executed before
7January 1 following the subsequent referendum approval shall
8continue to be exempt from the requirements of this act.

9(g) If a subsequent referendum question is not approved by a
10majority vote of the electors voting on the question in a
11county, then beginning January 1 immediately following the date
12of the disapproval of the subsequent referendum permitted under
13subsection (a), a school district or authority, agency or
14instrumentality established by one or more school districts
15shall not be required to comply with a provision of this act
16including the payment of minimum prevailing wage rates for a
17public works project commenced in the county and until the time
18that a subsequent referendum is approved and effective under
19this section. Nothing in this subsection shall be construed to
20prohibit a school district from commencing new public works
21projects constructed in a different county by a school district
22whose territory is split by county boundaries.

23Section 13.3. Election Interference Prohibited.--(a) Public
24funds shall not be used to urge an elector to vote for or
25against a referendum or a subsequent referendum or be
26appropriated for political or campaign purposes.

27(b) Nothing in this section shall be construed to prohibit
28the use of public funds for dissemination of factual information
29relative to a referendum or a subsequent referendum on an
30election ballot.

1(c) As used in this subsection, the term "public funds"
2means funds appropriated by the General Assembly or by a
3political subdivision.

4Section 3. Repeals are as follows:

5(1) The General Assembly declares that the repeal under
6paragraph (2) is necessary to effectuate this act.

7(2) Section 752 of the act of March 10, 1949 (P.L.30,
8No.14), known as the Public School Code of 1949, is repealed.

9Section 4. This act shall take effect in 60 days.