THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY F. KELLER, AUMENT, BENNINGHOFF, BLOOM, BOYD, CAUSER, CLYMER, CUTLER, DENLINGER, EVERETT, FLECK, GILLEN, GROVE, HARRIS, HICKERNELL, KAUFFMAN, KRIEGER, LAWRENCE, MILLER, MILNE, MOUL, OBERLANDER, PERRY, PICKETT, REICHLEY, ROAE, ROCK, ROSS, SACCONE, SAYLOR AND SCHRODER, APRIL 8, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 8, 2011
Amending the act of August 15, 1961 (P.L.987, No.442), entitled
"An act relating to public works contracts; providing for
prevailing wages; imposing duties upon the Secretary of Labor
and Industry; providing remedies, penalties and repealing
existing laws," raising the threshold for applicability.
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, amended
August 9, 1963 (P.L.653, No.342), is amended to read:
Section 2. Definitions.--As used in this act--
(1) "Department" means Department of Labor and Industry of
the Commonwealth of Pennsylvania.
(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
locality as otherwise herein defined.
(3) "Maintenance work" means the repair of existing
facilities when the size, type or extent of such facilities is
not thereby changed or increased.
(4) "Public body" means the Commonwealth of Pennsylvania,
any of its political subdivisions, any authority created by 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)] one hundred eighty-five thousand dollars ($185,000)
as adjusted on March 1 of each year to conform to increases or
decreases in the Consumer Price Index for the previous calendar
year for urban wage earners in the Pennsylvania, New Jersey,
Delaware and Maryland area combined, but shall not include work
performed under a rehabilitation or manpower training program.
(6) "Secretary" means the Secretary of Labor and Industry or
his duly authorized deputy or representative.
(7) "Workman" includes laborer, mechanic, skilled and semi-
skilled laborer and apprentices employed by any contractor or
subcontractor and engaged in the performance of services
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.
(10) "Appeals Board" means the board created by section 2.2
of this act.
Section 2. The amendment of section 2 of the act shall apply
to contracts entered into on or after the effective date of this
Section 3. This act shall take effect in 60 days.