Bill Text: PA HB499 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for posting of rates, for remedies and penalties and for failure to comply and termination.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-18 - Referred to LABOR RELATIONS [HB499 Detail]

Download: Pennsylvania-2009-HB499-Introduced.html

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PRINTER'S NO. 551
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 499 Session of2009
INTRODUCED BY MICCARELLI, FEBRUARY 18, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 18, 2009
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," further providing for posting of rates, for
remedies and penalties and for failure to comply and
termination.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9, 11(b) and 12 of the act of August 15,
1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
Wage Act, are amended to read:
Section 9. Posting of Rates and Right to Initiate Complaint
about Use of Illegal Alien Labor.--Contractors and sub-
contractors performing public work for a public body subject to
the provisions of this act shall post the general prevailing
minimum wage rates for each craft and classification involved,
as determined by the secretary, including the effective date of
any changes thereof, in prominent and easily accessible places
at the site of the work, or at such place or places as are used
by them to pay workmen their wages. Contractors and sub-
contractors shall include in this posting information on the
right of workmen to report the possible use of illegal immigrant
labor on the project.
Section 11. Remedies and Penalties.--* * *
(b) (1) Any workman may, within three months from the date
of the occurrence of the incident complained of, file a protest,
in writing, with the secretary objecting to the amount of wages
paid for services performed by him on public work as being less
than the prevailing wages for such services.
(2) Any workman may file a protest, in writing, with the
secretary objecting to the use of illegal alien labor by a
contractor or sub-contractor on a project covered by this act.
The department shall investigate the complaint and investigate
the immigration status of workmen in question. The department
shall refer information it gathers on possible violations of
Federal immigration law to the appropriate Federal authorities.
* * *
Section 12. Failure to Comply, Termination.--(a) In any
case where the secretary shall have determined that any person
or firm has failed to pay the prevailing wages under subsections
(e) and (f) of section 11 hereof, he may direct the public body
to terminate, and the public body may terminate, any such
contractor's right to proceed with the public work.
(b) In the event that a sub-contractor or contractor is
convicted of a violation of Federal immigration law as a result
of a complaint filed under section 11(b)(2), the secretary may
notify all public bodies of the name and names of such persons
or firms and no contract shall be awarded to such persons or
firms or to any corporation, partnership or business entity in
which such persons have an interest until one year shall have
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elapsed from the date of notice of the public bodies.
Section 2. This act shall take effect in 60 days.
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