PRINTER'S NO. 298

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

319

Session of

2019

INTRODUCED BY RYAN, GROVE, HICKERNELL, IRVIN, MENTZER,

B. MILLER, ROAE AND ZIMMERMAN, FEBRUARY 1, 2019

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 1, 2019

for referendum for prevailing wage rates, for subsequent

public referenda and for election interference prohibited;

and repealing related provisions of the Public School Code of

1949.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2(4) of the act of August 15, 1961

(P.L.987, No.442), known as the Pennsylvania Prevailing Wage

Act, is amended and the section is amended by adding clauses to

read:

any authority created by the General Assembly of the

Commonwealth of Pennsylvania and any instrumentality or agency

of the Commonwealth of Pennsylvania.

* * *

(11) "County" means a county-level municipality within this

Commonwealth, regardless of classification. The term includes a

county which has adopted a home rule charter or optional plan of

government under the provisions of 53 Pa.C.S. Pt. III Subpt. E

(relating to home rule and optional plan government).

(12) "School district" means a school district of the first

class, first class A, second class, third class or fourth class,

districts, that is otherwise exempt from the requirements of

this act, the county election officials shall cause the

referendum question in subsection (b) to be submitted to the

electorate in each county at the general election in 2020 to

determine whether the voters in each county favor the payment of

minimum prevailing wage rates on public work projects situated

in that county and undertaken by a school district, or an

authority, agency or instrumentality established by one or more

school districts, in that county as provided for under this act.

(b) The referendum question submitted to the electorate in

(insert county name) County by any school district, and any

authority, agency or instrumentality established by one or

more school districts, be constructed in accordance with the

prevailing minimum wage rates for workmen employed on those

projects as set forth in Pennsylvania's Prevailing Wage Act?

(c) No later than thirty days after the effective date of

this section, the Department of State shall notify the election

officials of each county that a referendum question shall be

scheduled for the general election in 2020. The Secretary of the

Commonwealth shall certify the referendum question required

under this section to the county boards of elections no later

(d) The Department of State shall draft a nonlegal

interpretative statement which shall accompany the referendum

question in each county in accordance with section 201.1 of the

"Pennsylvania Election Code." The nonlegal interpretative

statement shall be posted at each election site in the county

and inform the voters of:

(1) The reason for the referendum.

(2) The consequence of the referendum being disapproved by

the electorate.

(3) The consequence of the referendum being approved by the

for the relevant county.

(6) The definition of public work.

(e) County election officials shall certify the results of

the county's referendum required under this section to the

Secretary of the Commonwealth in accordance with Article XIV of

the "Pennsylvania Election Code." The Department of State shall

notify the school district and the department of the results of

the required referendum as soon as is practicable.

(f) Approval of the county referendum required under this

section shall be by majority vote of the electors voting on the

question in the county. If the referendum question under this

with section 13.2, a public work project situated in that county

commenced by a school district, or an authority, agency or

instrumentality established by one or more school districts,

after the approval of the referendum shall be constructed in

compliance with the provisions of this act including paying

minimum prevailing wage rates. Public work projects by a school

district, or an authority, agency or instrumentality established

by one or more school districts, in which a design or

construction contract has been executed before January 1

following the approval of the referendum shall continue to be

required to comply with the provisions of this act, including

the payment of minimum prevailing wage rates for public work

projects commenced after the effective date of this section, and

a school district, or authority, agency or instrumentality

established by one or more school districts, in the county shall

remain exempt from the requirements of this section until the

time that a subsequent referendum is approved and effective

under section 13.2. Nothing in this subsection shall be

construed to prohibit a school district from initiating new

construction projects.

(h) In instances where a school district is located in more

to public work projects constructed in a different county by a

school district whose geographic territory is split by county

boundaries.

county, a subsequent public referendum may be held at the

general election in November of even-numbered years, but not

more than once every ten years, to determine the will of the

county electors with respect to the payment of minimum

prevailing wage rates on public work projects constructed by a

school district, or an authority, agency or instrumentality

established by one or more school districts, within the

geographic limits of the county under the provisions of this

act. The first subsequent public referendum may be conducted no

earlier than the November 2030 election.

referendum question on paying minimum prevailing wage rates for

public work projects constructed by a school district, or an

authority, agency or instrumentality established by one or more

school districts, to be placed on the ballot whenever a majority

of the governing bodies of the school districts in that county

adopts, by a majority vote, a resolution urging the county board

of elections to place the subsequent referendum question on the

ballot. A governing board of a school district adopting a

resolution shall cause a certified copy of the resolution to be

promptly submitted to the county board of elections in which a

school district is situated no earlier than twelve months, but

county board of elections for each county where the school

district is located.

(c) The form of the referendum question to be submitted to

the electors of the county at a subsequent referendum shall be

the following:

Do you favor any and all public work projects undertaken in

(insert county name) County by any school districts, and any

authority, agency or instrumentality established by one or

more school districts, be constructed in accordance with the

prevailing minimum wage rates for workmen employed on those

1937 (P.L.1333, No.320), known as the "Pennsylvania Election

Code." The nonlegal interpretative statement shall inform the

voters of:

(1) The reason for the referendum.

(2) The consequence of the referendum being disapproved by

the electorate.

(3) The consequence of the referendum being approved by the

electorate.

(4) The type of public work projects impacted by the

referendum.

(5) The definition of prevailing minimum wage rates and an

results of a subsequent referendum required under this section

to the Department of State in accordance with Article XIV of the

"Pennsylvania Election Code." The Department of State shall

notify the school district and the department of the results of

the subsequent public referendum as soon as practicable.

(f) Approval of a subsequent county referendum shall be by

majority vote of the electors voting on the question in the

county. If the referendum question is approved, then beginning

January 1 immediately following the date of the approval of a

subsequent county referendum permitted under subsection (a), and

act, including paying minimum prevailing wage rates. Public work

projects by a school district, or an authority, agency or

instrumentality established by one or more school districts, in

which a design or construction contract has been executed before

January 1 following the subsequent referendum approval shall

continue to be exempt from the requirements of this act.

(g) If a subsequent referendum question is not approved by a

majority vote of the electors voting on the question in a

county, then beginning January 1 immediately following the date

of the disapproval of the subsequent referendum permitted under

subsection (a), a school district, or an authority, agency or

a subsequent referendum is approved and effective under this

section. Nothing in this subsection shall be construed to

prohibit a school district from commencing new public work

projects constructed in a different county by a school district

whose territory is split by county boundaries.

the use of public funds for dissemination of factual information

relative to a referendum or a subsequent referendum.

(c) As used in this subsection, the term "public funds"

means funds appropriated by the General Assembly or by a

political subdivision.

Section 3. Repeals are as follows:

paragraph (2) is necessary to effectuate this act.

No.14), known as the Public School Code of 1949, is repealed.

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