| PRINTER'S NO. 170 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 274 | Session of 2013 |
INTRODUCED BY SMUCKER, ALLOWAY, MENSCH, EICHELBERGER, VULAKOVICH, HUTCHINSON, D. WHITE, GORDNER, VANCE, WAUGH, BRUBAKER, FOLMER AND BAKER, JANUARY 18, 2013
REFERRED TO LABOR AND INDUSTRY, JANUARY 18, 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
18locality, the locality may be extended to include adjoining
19political subdivisions where such workmen are employed in those
1crafts or trades for which there are no workmen employed in the
2locality as otherwise herein defined.
3(3) "Maintenance work" means the repair of existing
4facilities when the size, type or extent of such facilities is
5not thereby changed or increased. The term includes the
6following actions taken on roads:
7(i) Replacement in kind, or compliance with current
8Department of Transportation design criteria and standards, of
9guide rails, curbs, pipes, line painting and other related road
10equipment.
11(ii) Repair of pavement service by:
12(A) laying bituminous material up to three and a half inches
13thick or up to four hundred twenty pounds per square yard on
14asphalt pavement, cement concrete or other hard surface,
15including associated milling, and related work raising existing
16paved shoulders to new grade; or
17(B) patching of cement concrete surface to include joint
18spalling and repair work.
19(iii) Widening of existing alignment which does not result
20in additional lanes or new shoulders.
21(iv) Bridge cleaning, washing, resurfacing with blacktop,
22minor nonstructural repairs or improvements and painting, except
23when combined with complete bridge rehabilitation.
24(4) "Public body" means the Commonwealth of Pennsylvania,
25any of its political subdivisions, any authority created by the
26General Assembly of the Commonwealth of Pennsylvania and any
27instrumentality or agency of the Commonwealth of Pennsylvania.
28(5) "Public work" means construction, reconstruction,
29demolition, alteration and/or repair work other than maintenance
30work, done under contract and paid for in whole or in part out
1of the funds of a public body where the estimated cost of the
2total project is in excess of twenty-five thousand dollars
3($25,000), but shall not include work performed under a
4rehabilitation or manpower training program.
5(6) "Secretary" means the Secretary of Labor and Industry or
6his duly authorized deputy or representative.
7(7) "Workman" includes laborer, mechanic, skilled and semi-
8skilled laborer and apprentices employed by any contractor or
9subcontractor and engaged in the performance of services
10directly upon the public work project, regardless of whether
11their work becomes a component part thereof, but does not
12include material suppliers or their employes who do not perform
13services at the job site.
14(8) "Work performed under a rehabilitation program," means
15work arranged by and at a State institution primarily for
16teaching and upgrading the skills and employment opportunities
17of the inmates of such institutions.
18(9) "Advisory Board" means the board created by section 2.1
19of this act.
20(10) "Appeals Board" means the board created by section 2.2
21of this act.
22Section 2. This act shall take effect in 60 days.