Short
Title: An Act amending the act of August 15, 1961 (P.L.987, No.442), known as
the Pennsylvania Prevailing Wage Act, further providing for definitions;
further providing for specifications; and providing for protection of workmen.
Prime
Sponsor: Representative
MARSICO
Last
Action:Removed from table, Sept. 23, 2014
Laid on the table, Sept. 23, 2014
Removed from table, June 26, 2014
Laid on the table, June 26, 2014
Removed from table, May 6, 2014
Laid on the table, May 6, 2014
Removed from table, March 12, 2014
Laid on the table, March 12, 2014
Removed from table, Dec. 17, 2013
Laid on the table, Dec. 17, 2013
Removed from table, Oct. 21, 2013
Laid on the table, Oct. 21, 2013
Re-reported as committed from APPROPRIATIONS, June 29,
2013
(Remarks see House Journal Page 1372), June 28, 2013
Re-committed to APPROPRIATIONS, June 28, 2013
Second consideration, June 28, 2013
Removed from table, June 11, 2013
Laid on the table, April 16, 2013
First consideration, April 16, 2013
PN
1495 Reported as amended from LABOR AND INDUSTRY, April 16, 2013
PN
0753 Referred to LABOR AND INDUSTRY,
Feb. 12, 2013
Memo: Amending Prevailing Wage Act for Road Repairs
:
Printer's No.
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Text
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(H) Amendments
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(S) Amendments
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(H) Fiscal Note
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(S) Fiscal Note
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1495*
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MEMORANDUM
Posted:
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January
25, 2013 03:28 PM
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From:
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To:
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All
House members
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Subject:
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Amending
Prevailing Wage Act for Road Repairs
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In
the near future I plan to reintroduce my legislation from last session (HB
1271) to amend the Prevailing Wage Act to provide a clear definition of
what actions taken with respect to road repairs are subject to the act's
requirements. "Maintenance work" is exempt from the act's
requirements and the term is defined in the act as "the repair of
existing facilities when the size, type, or extent of such facilities is not thereby
changed or increased. To determine what maintenance work is
considered to be with respect to roads, municipalities use to rely on a
publication issued by PennDot entitled “Policies and Procedures for the
Administration of the County Liquid Fuels Tax Act of 1931 and The Liquid
Fuels Tax Act 655” (Publication 9), effective January 2003. In addition, a
subsequent unsigned and undated MOU (dated 4/29/2005, PennDOT
Publication 51, Bid Package Preparation Guide, Exhibit 4A) between PennDot
and the Department of Labor & Industry clarified the Publication 9
guidelines for what road repair work was considered "maintenance
work" and thus exempt from the Prevailing Wage Act. It is important to
note that, in general, municipalities appeared to be content with these
guidelines. This legislation will put "into statute" these
guidelines.
I am introducing this legislation as a direct result of an attempt in 2006 by the Rendell Administration to impose stricter standards on what road repair work is subject to the Prevailing Wage Act. In March, 2006 PennDOT issued updated guidelines which were to become effective April 1, 2006; these new guidelines were to replace the PennDOT/L&I 4/29/05 MOU guidelines. The new guidelines more strictly interpreted what road repair actions would be considered "construction" (and not "maintenance work"), and they brought more repair actions under the jurisdiction of the act. Due to immense public opposition to the new guidelines, the Governor rescinded them. It is also important to note that there were subsequently two Commonwealth Court decisions issued in 2006 and 2007 (Ebensburg and Youngwood) which ruled that previously exempt road repair actions (curb/sidewalk replacement and milling/repaving) are subject to the Prevailing Wage Act. Adoption of the old guidelines, as proposed in my legislation, will effectively countermand these decisions. This legislation proposes to put “into statute” road repair guidelines that municipalities, traditionally followed, and accepted. This legislation is supported by the Pennsylvania State Association of Township Supervisors and the Pennsylvania State Association of Boroughs. Please join me in co-sponsoring this important piece of legislation. |
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