PRINTER'S NO. 2269
No. 1660 Session of 1990
INTRODUCED BY BAKER, GREENWOOD, ARMSTRONG, CORMAN, BRIGHTBILL, PUNT, HELFRICK AND WENGER, JUNE 7, 1990
REFERRED TO LABOR AND INDUSTRY, JUNE 7, 1990
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," excluding political subdivisions from the 6 act; authorizing optional prevailing wage ordinances; and 7 making repeals. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 2(4) and (5) of the act of August 15, 11 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing 12 Wage Act, amended August 9, 1963 (P.L.653, No.342), are amended 13 to read: 14 Section 2. Definitions.--As used in this act-- 15 * * * 16 (4) "Public body" means the Commonwealth of Pennsylvania, 17 [any of its political subdivisions,] any authority created by 18 the General Assembly of the Commonwealth of Pennsylvania and any 19 instrumentality or agency of the Commonwealth of Pennsylvania, 20 but shall not include a political subdivision or any authority,
1 agency or instrumentality created by one or more political 2 subdivisions. 3 (5) "Public work" means construction, reconstruction, 4 demolition, alteration and/or repair work other than maintenance 5 work, done under contract with a public body and paid for in 6 whole or in part out of the funds of a public body where the 7 estimated cost of the total project is in excess of twenty-five 8 thousand dollars ($25,000), but shall not include work performed 9 under a rehabilitation or manpower training program. 10 * * * 11 Section 2. Sections 2.1(c) and 2.2(c) of the act, added 12 August 9, 1963 (P.L.653, No.342), are amended to read: 13 Section 2.1. Advisory Board, Powers and Duties.--* * * 14 (c) Of the seven members, one shall be a representative of 15 an association of general contractors engaged full-time in the 16 building construction industry, one shall be a representative of 17 an association of heavy and highway contractors engaged full 18 time in the heavy and highway construction industry, one shall 19 be a member of an historically established union representing 20 labor in the building construction industry, one shall be a 21 member of an historically established union representing labor 22 in the heavy and highway construction industry, one shall be a 23 [member of an association representing a political subdivision,] 24 representative of the Commonwealth appointed by the Governor, 25 one shall be learned in the law and employed by the secretary, 26 and one shall not be engaged in or employed by the building 27 industry or by a public body but shall represent the general 28 public. 29 * * * 30 Section 2.2. Appeals Board Powers and Duties.--* * * 19900S1660B2269 - 2 -
1 (c) Of the seven members, one shall be a representative of 2 an association of general contractors engaged full-time in the 3 building construction industry, one shall be a representative of 4 an association of heavy and highway contractors engaged full 5 time in the heavy and highway construction industry, one shall 6 be a member of an historically established union representing 7 labor in the building construction industry, one shall be a 8 member of an historically established union representing labor 9 in the heavy and highway construction industry, one shall be a 10 [member of an association representing a political subdivision,] 11 representative of the Commonwealth appointed by the Governor, 12 one shall be learned in the law and employed by the secretary, 13 and one shall not be engaged in or employed by the building 14 industry or by a public body but shall represent the general 15 public. No member of the Advisory Board created by this 16 amendatory act shall be appointed to the Appeals Board. 17 * * * 18 Section 3. The act is amended by adding a section to read: 19 Section 15.1. Local Option.--Notwithstanding any provision 20 of this act, a political subdivision may elect, by ordinance, to 21 place itself within the jurisdiction of this act or adopt a 22 prevailing wage ordinance with a purpose and function similar to 23 that of this act. Contiguously situated political subdivisions 24 may elect to enter into an agreement to provide for a prevailing 25 wage by adopting identical prevailing wage ordinances, each with 26 a purpose and function similar to that of this act. 27 Section 4. All acts and parts of acts are repealed insofar 28 as they are inconsistent with this act. 29 Section 5. This act shall take effect in 60 days. K17L43RZ/19900S1660B2269 - 3 -