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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY COHEN, LEVDANSKY, PRESTON, JOSEPHS, MUNDY, BRENNAN, CASORIO, YOUNGBLOOD, WALKO, K. SMITH, HORNAMAN, M. O'BRIEN, PARKER AND PASHINSKI, MARCH 19, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 19, 2009 |
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| AN ACT |
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1 | Requiring economic development subsidy recipients to meet |
2 | minimum standards for job quality. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Minimum |
7 | Standards for Subsidized Jobs Act. |
8 | Section 2. Purpose of act. |
9 | The purpose of this act is to improve the effectiveness of |
10 | economic development expenditures, take pressure off State |
11 | social service programs and improve the public health and |
12 | welfare by ensuring that major State subsidies are used to |
13 | support adequate living standards for working families. |
14 | Section 3. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
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1 | "Economic development subsidy." Any expenditure of public |
2 | funds with a value of at least $100,000 for the purpose of |
3 | stimulating economic development within this Commonwealth, |
4 | including, but not limited to, bonds, grants, loans, loan |
5 | guarantees, enterprise zones, empowerment zones, tax increment |
6 | financing, fee waivers, land price subsidies, matching funds, |
7 | tax abatements, tax exemptions and tax credits. |
8 | "Secretary." The Secretary of Labor and Industry of the |
9 | Commonwealth or the secretary's designee. |
10 | Section 4. Minimum standards for wages and benefits. |
11 | (a) Eligibility.--No person, association, corporation or |
12 | other entity shall be eligible to receive any economic |
13 | development subsidy unless that entity: |
14 | (1) Pays all its employees in this Commonwealth a |
15 | minimum wage that is at least one dollar per hour higher than |
16 | the required Federal or State minimum wage. |
17 | (2) Offers to all its employees in this Commonwealth who |
18 | work at least 35 hours per week a health insurance benefits |
19 | plan for which the employer pays at least 80% of the monthly |
20 | premium and the coverage pays at least 80% of the costs of |
21 | physician office visits, emergency care, surgery and |
22 | prescriptions with an annual deductible of no more than |
23 | $1,000. |
24 | (3) Offers a worker training program that meets minimum |
25 | standards issued by the secretary to at least 20% of its |
26 | workers in this Commonwealth. |
27 | (4) Has not been adjudicated to be in violation of any |
28 | Federal, State or local laws during the prior five years. |
29 | (b) Exclusion.--The provisions of this act do not apply to: |
30 | (1) A not-for-profit entity that is exempt from |
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1 | taxation. |
2 | (2) An intern or trainee who is under 21 years of age |
3 | and who is employed for a period of not longer than three |
4 | months. |
5 | (c) Waivers.--If the secretary determines that application |
6 | of this section would conflict with a Federal program |
7 | requirement, the secretary, after notice and public hearing, may |
8 | grant a waiver from the requirements of this act. |
9 | Section 5. Enforcement. |
10 | (a) Rules and regulations.--The secretary shall promulgate |
11 | such regulations as are necessary to implement and administer |
12 | compliance with this act. |
13 | (b) Retribution.--No person, association, corporation or |
14 | other entity shall discharge, demote, harass or otherwise take |
15 | adverse actions against any individual because such individual |
16 | seeks the enforcement of this section, or testifies, assists or |
17 | participates in any manner in an investigation, hearing or other |
18 | proceeding to enforce this act. |
19 | (c) Circumvention prohibited.--No entity shall pay an |
20 | employee through a third party or treat an employee as a |
21 | subcontractor or independent contractor to avoid the |
22 | requirements of this act. |
23 | Section 6. Effective date. |
24 | This act shall take effect January 1, 2010. |
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