Expansion of state prisons remains on hold
As GCAP member contractors wait for the go-ahead to begin work
for which they successfully bid, construction on six state prison expansion
projects is at a stand still. At issue
is how to implement the design build process supported by the Department of
General Services and GCAP in light of Pennsylvania’s
nonsensical Separations Act that requires the Commonwealth to hold four
separate contracts for any public works construction project. This problem was largely brought to the
surface as a result of litigation regarding a separate problem with public
construction, project labor agreements (PLAs).
GCAP continues to have conversations with the Department and
legislative leaders interested in finding a resolution to this matter. For more information about this matter, please
call contact Terry McDonough at
717-731-6272 or keystonecontractors@verizon.net.
Senate Labor and Industry staff share omnibus amendment to HB 400,
renaming it the Construction Workplace Misclassification Act and ensuring key
protections for General Contractors
Senate Labor and Industry Committee staff have released to
GCAP and other interested parties an omnibus amendment to HB 400 PN 1707. The amendment makes wholesale changes to the
legislation and incorporates GCAP’s
efforts to ensure that a general contractor is not responsible for the
hiring practices of other employers on a job site. The amendment also improves the process by
which the major penalties (debarment, stop work orders, etc.) may be imposed by
placing almost all of the key decision making on these matters with
Courts. GCAP worked closely with
Committee Staff and is pleased with the amendment as an important next step in moving
HB 400 forward. While the legislative
calendar for the bill remains unclear, GCAP will continue to push for final
passage on this legislation. For more
information about this amendment, please call contact Terry
McDonough at 717-731-6272 or keystonecontractors@verizon.net.
House Labor Relations is scheduled to report House Bills 1502 and 1503
on December 8th
The
House Labor Relations Committee has announced that they intend to report
Representative John Galloway’s (D-Bucks) two bills intended to prevent
employers in the construction industry from intentionally hiring illegal
aliens. HB 1502 requires contractors and
subcontractors engaged in public works projects to "verify" that all
of their employees - to the best of their knowledge using E-verify and the
Social Security Number Verification Service - are legal. HB 1503 requires construction industry
employers to maintain a record of verification for their employees.
GCAP continues to work with the prime sponsor of the bills
to ensure there is an iron clad “good faith immunity” provision for general
contractors who verify employees based on faulty or false information (through
no fault of their own). In addition,
GCAP believes that while the intent of the two bills is appropriate, the
legislation should not become a means to engage in “witch hunts” against
general contractors by anyone with an ax to grind against a general
contractor. Therefore, GCAP has
submitted amendatory language to Rep. Galloway, and we will keep working with
him and legislative staff on these issues.
In the meantime, any questions, please contact Terry
McDonough at 717-731-6272 or keystonecontractors@verizon.net.
SB 601 Remains in Senate Appropriations Committee
GCAP continues to work with the Pennsylvania Institute of
Certified Public Accountants, the PA Chamber, Associated Pennsylvania
Constructors and others to ensure passage of this important legislation. If you
or your company are located in a municipality that levies the BPT, please
contact Terry McDonough at
717-731-6272 or keystonecontractors@verizon.net.