PRINTER'S NO. 1007
No. 818 Session of 2003
INTRODUCED BY SCARNATI, JUBELIRER, BRIGHTBILL, WAUGH, WENGER,
M. WHITE, PUNT, HELFRICK, CORMAN, ARMSTRONG, RAFFERTY,
THOMPSON AND WONDERLING, JUNE 24, 2003
REFERRED TO LABOR AND INDUSTRY, JUNE 24, 2003
AN ACT
1 Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2 "An act relating to public works contracts; providing for
3 prevailing wages; imposing duties upon the Secretary of Labor
4 and Industry; providing remedies, penalties and repealing
5 existing laws," further defining "public work"; and further
6 providing for duties of contractor and for duty of secretary.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "public work" in section 2(5)
10 of the act of August 15, 1961 (P.L.987, No.442), known as the
11 Pennsylvania Prevailing Wage Act, amended August 9, 1963
12 (P.L.653, No.342), is amended to read:
13 Section 2. Definitions.--As used in this act--
14 * * *
15 (5) "Public work" means construction, reconstruction,
16 demolition, alteration and/or repair work other than maintenance
17 work, done under contract and:
18 (i) paid for in whole or in part out of the funds of a
19 public body where the estimated cost of the total project is in
1 excess of twenty-five thousand dollars ($25,000)[, but shall];
2 or
3 (ii) where in excess of 70% of the estimated cost of the
4 total project is to be paid for with State funds and the
5 estimated cost of the total project is in excess of twenty-five
6 thousand dollars ($25,000).
7 The term does not include work performed under a rehabilitation
8 or manpower training program or work paid for through a loan of
9 State funds.
10 * * *
11 Section 2. Section 6 of the act is amended to read:
12 Section 6. [Duty] Duties of Contractor.--Every contractor
13 and subcontractor shall [keep]:
14 (1) Keep an accurate record showing the name, craft and the
15 actual hourly rate of wage paid to each workman employed by him
16 in connection with public work, and such record shall be
17 preserved for two years from date of payment. The record shall
18 be open at all reasonable hours to the inspection of the public
19 body awarding the contract and to the secretary.
20 (2) Provide access to a certified Federal-approved or State-
21 approved apprenticeship program.
22 (3) Have proof that current Federal, State and local taxes,
23 Social Security, workers' compensation and unemployment
24 compensation payments are paid up to date.
25 (4) Have a medical plan, and either a pension or retirement
26 program.
27 (5) Be financially sound.
28 (6) Have an established grievance procedure to resolve any
29 problems which may arise between the employer and the employes.
30 Section 3. Section 7 of the act, amended August 9, 1963
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1 (P.L.653, No.342), is amended to read:
2 Section 7. Duty of Secretary.--The secretary shall, after
3 consultation with the advisory board, determine the general
4 prevailing minimum wage rate in the locality in which the public
5 work is to be performed for each craft or classification of all
6 workmen needed to perform public work contracts during the
7 anticipated term thereof: Provided, however, That [employer and
8 employe contributions for employe benefits pursuant to a bona
9 fide collective bargaining agreement shall be considered an
10 integral part of the wage rate for the purpose of determining]
11 the minimum wage rate under this act shall be equal to the
12 average hourly occupational wage for each county as determined
13 from wage information submitted by employers on quarterly
14 unemployment compensation tax returns. Nothing in this act,
15 however, shall prohibit the payment of more than the general
16 prevailing minimum wage rate to any workman employed on public
17 work. The secretary shall forthwith give notice by mail of all
18 determinations of general prevailing minimum wage rates made
19 pursuant to this section to any representative of any craft, any
20 employer or any representative of any group of employers, who
21 shall in writing request the secretary so to do.
22 Section 4. This act shall take effect in 60 days.
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