PRINTER'S NO. 1149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
838
Session of
2019
INTRODUCED BY PHILLIPS-HILL, FOLMER, AUMENT, DiSANTO, J. WARD,
STEFANO AND REGAN, AUGUST 28, 2019
REFERRED TO LABOR AND INDUSTRY, AUGUST 28, 2019
AN ACT
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," providing for optional application of act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of August 15, 1961 (P.L.987, No.442),
known as the Pennsylvania Prevailing Wage Act, is amended by
adding a section to read:
Section 15.1. Optional Application of Act.--(a)
Notwithstanding any provision of this act to the contrary, a
school entity or municipality may choose not to follow the
requirements of this act regarding prevailing minimum wages for
workmen employed on public work under any contract for a project
of public work which the school entity or municipality enters
into on or after the effective date of this subsection.
(b) The Legislative Budget and Finance Committee shall
conduct a five-year study of the economic and public policy
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effects of the opt-out provision under subsection (a). The
following apply:
(1) The study shall monitor the effects of the opt-out
provisions on an annual basis and shall include all of the
following:
(i) The extent to which school entities and municipalities
have availed themselves of the opt-out provision.
(ii) The financial advantages and other benefits associated
with the opt-out provision, including any cost savings realized
by the school entities and municipalities.
(iii) Any disadvantages associated with the opt-out
provision.
(iv) Any recommendations regarding the operation of the opt-
out provision.
(v) Other information which the Legislative Budget and
Finance Committee deems necessary or appropriate.
(2) During the period in which the study is being conducted,
each school entity or municipality that avails itself of the
opt-out provision shall periodically provide information to the
Legislative Budget and Finance Committee regarding its
participation, including the information specified under
paragraph (1). The Legislative Budget and Finance Committee may
request additional information from each participating school
entity or municipality.
(3) The Legislative Budget and Finance Committee shall
submit a report containing its findings and recommendations to
the General Assembly not later than 60 days after the date which
is five years after the effective date of this section.
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
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the context clearly indicates otherwise:
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"School entity." Any of the following:
(1) A school district.
(2) An intermediate unit.
(3) A charter school or regional charter school, as those
terms are defined in section 1703-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
(4) An area vocational-technical school, as defined in
section 1841 of the Public School Code of 1949.
(5) An institution of higher education, as defined in
section 1901-F of the Public School Code of 1949.
Section 2. This act shall take effect in 60 days.
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