PRINTER'S NO. 221

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

261

Session of

2017

INTRODUCED BY KAUFFMAN, IRVIN, JAMES, TOPPER, MENTZER, SAYLOR,

MOUL, BLOOM, STAATS, HICKERNELL, PHILLIPS-HILL, ROTHMAN,

CUTLER, ZIMMERMAN, WARD, TALLMAN, LAWRENCE, MARSICO AND

and Industry; providing remedies, penalties and repealing

existing laws," further providing for definitions; and

providing for duties of Department of Labor and Industry.

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)] "Advisory Board" means the board created under section

Outlook Handbook of the Federal Bureau of Labor Statistics,

published under 40 U.S.C. § 3142(b) (relating to rate of wages

for laborers and mechanics).

[(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

political subdivisions where such workmen are employed in those

crafts or trades for which there are no workmen employed in 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.

[(6)] "Secretary" means the Secretary of Labor and Industry

directly upon the public work project, regardless of whether

their work becomes a component part thereof, but does not

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.

available to the public in a conspicuous location on the

department's Internet website. The list shall, at all times, be

available for public viewing and shall be maintained on a

Statewide basis for each worker classification. In developing

the list, the department may consider the following sources:

(1) collective bargaining agreements;

(2) Federal occupational classifications;

(3) input from the Advisory Board;

(4) opinions of representatives from organized labor and the

opinions of contractors and contractor associations as they

The definitions for each classification in this subsection shall

be uniform throughout this Commonwealth.

(b) Worker classifications as defined by the department at

the time of the beginning of a project shall be used throughout

completion of that project and shall be controlling for purposes

of any dispute. For purposes of this subsection, the beginning

of a project shall be deemed to be the earlier of the acceptance

of bids or offers or the execution of a contract.

(c) The department shall publish the complete list of worker

classifications and their respective definitions, as required in