FOR IMMEDIATE RELEASE
February 20, 2003
Contact:  Erin K. Kelly
(717) 846-2828
ekelly@pasen.gov
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Waugh Legislation Calls for Open Contract in PA

Three additional bills reintroduced from 2001-2002 session

HARRISBURG – Sen. Mike Waugh (R-York) has introduced legislation that would provide for “open contracting” by the Commonwealth and its political subdivisions, their agencies and authorities; he has also reintroduced three bills from last session, which call for a prevailing wage opt-in, an increased driver insurance minimum, and firefighter promotion preference in public employment.  

Waugh’s new legislation, SB 354, would put an end to “Project Labor Agreements” (P.L.A.’s) in Pennsylvania by prohibiting public entities from requiring bidders or sub-contractors to do any of the following: utilize workers who are represented or referred by a designated labor organization; affiliate with or pay dues to a labor organization; or recognize a labor organization as the exclusive representative of any of its employees on the public works project. 

“Contracts should be assessed and awarded based on quality of work, experience, and cost -- not a company’s affiliation with organized labor,” said Waugh. 

Using the union or non-union status of the bidder’s workforce in the selection process for public contract bidding would be considered an unlawful practice; in response one could file an action and in turn recover reasonable damages, costs, and attorney’s fees. 

SB 354 is a companion piece to Rep. Dennis Leh’s bill, which he has sponsored over the last two sessions. 

Sen. Waugh has also reintroduced SB 446 from the 2001-2002 session, now SB 353, which would allow political subdivisions of this Commonwealth to “opt-in” or “opt-out” of the state’s “Prevailing Wage” requirements. 

“Many of our municipalities and school districts are seeking ways to make every tax dollar go further, especially with the effects of the national economy being felt throughout the Commonwealth,” said Waugh.  “This bill promotes a free enterprise philosophy, while at the same time promoting smart business decisions at the local level.” 

SB 454, now SB 351, has also been reintroduced and would increase the minimum amount of financial responsibility a driver must carry to drive in Pennsylvania.  Currently, the minimum is $5,000, which was established in 1974 and would be more than three times that level if adjusted for inflation.  This bill would ensure a reasonable recovery for the victim, paid for by the driver responsible for the accident, rather than having to incur costs not covered by the driver-at-fault due to a lack of insurance. 

Finally, Waugh reintroduced legislation, SB 448 in 2001-2002 and now SB 352, to give volunteer firefighters appointment and promotion preference in public employment when they can substantiate participation for at least five years in at least 40% of the emergency calls responded to by the volunteer fire company with which they served.  

Waugh explains that this is not an attempt to give unfair preference that front-loads the appointment and promotion process through additional points on examinations but rather provides a “tie-breaker” in the event of two equally qualified candidates. 

“Recruitment and retention of volunteer firefighters is a pressing challenge faced by our volunteer fire services across the Commonwealth, and it is my hope that this will provide an incentive for more men and women to offer their time to serve their neighbors as volunteer firefighters,” said Waugh. 

All four bills currently await assignment to the appropriate Senate committees.