Pennsylvania Act 2002-45 — OPEN WORK FORCE LAW

Act text

OPEN WORK FORCE LAW
                  Act of May 16, 2002, P.L. 313, No. 45               Cl. 53
                                  AN ACT

     Prohibiting a political subdivision or its authority or agency
        from requiring a proportion of workers on a construction
        project to be residents of a particular municipality.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Open Work
     Force Law.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Construction contract."  An agreement for the erection,
     repair, alteration or demolition of a building, bridge, roadway
     or other structure or any other improvement to real property of
     a political subdivision or its authority or agency.
     Section 3.  General rule.
        A political subdivision or its authority or agency shall not,
     by ordinance, resolution or otherwise, require that a specified
     percentage of the work force or of the hours worked under a
     construction contract be made up of or performed by individuals
     who are residents of a specific municipality if any portion of
     the construction contract or of the project to which the
     construction contract relates is financed utilizing Federal or
     Commonwealth funds.
     Section 4.  Construction contracts.
        No construction contract executed by a political subdivision
     or its authority or agency may contain a provision which
     requires that a specific percentage of the work force or of the
     hours worked under the construction contract be made up of or
     performed by individuals who are residents of a specific
     municipality if any portion of the construction or of the
     project to which the construction contract relates is financed
     utilizing Federal or Commonwealth funds.
     Section 5.  Voiding of ordinance, etc.
        Any ordinance, resolution, contractual provision or other
     measure which violates section 3 or 4 is void.
     Section 6.  Remedies.
        If this act is violated, the Commonwealth may do any or all
     of the following:
            (1)  Enjoin the violation or seek other equitable
        remedies.
            (2)  Seek remedies at law.
            (3)  Withhold funding for the project to which the
        construction contract relates.
     Section 7.  Applicability.
        This act shall apply to construction contracts entered into,
     amended or renewed on or after the effective date of this act.
     Section 8.  Effective date.
        This act shall take effect in 60 days.