THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, AUMENT, BAKER, BOBACK, CAUSER, FLECK, GEIST, GINGRICH, GRELL, GROVE, HICKERNELL, KAUFFMAN, M.K. KELLER, METCALFE, MILLER, MILNE, RAPP, REICHLEY, ROSS, SWANGER AND VULAKOVICH, FEBRUARY 1, 2011

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 1, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in grounds and buildings, further

providing for work to be done under contract let on bids and

exceptions; in charter schools, further providing for charter

school requirements; in education empowerment, further

providing for applicability; in Thaddeus Stevens College of

Technology, further providing for contracts for construction,

repair, renovation or maintenance; in State System of Higher

Education, further providing for project contracts; and

making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 751(a) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended May 4, 1990 (P.L.164, No.38), is amended and the section

is amended by adding a subsection to read:

Section 751.  Work to be Done Under Contract Let on Bids;

Exception.--(a)  All construction, reconstruction, repairs,

maintenance or work of any nature, including the introduction of

plumbing, heating and ventilating, or lighting systems, upon any

school building or upon any school property, or upon any

building or portion of a building leased under the provisions of

section 703.1, made by any school district, where the entire

cost, value, or amount of such construction, reconstruction,

repairs, maintenance or work, including labor and material,

shall exceed ten thousand dollars ($10,000), [shall] may be done

under a single contract or separate contracts to be entered into

by such school district with the lowest responsible bidder, upon

proper terms, after due public notice has been given asking for

competitive bids. Whenever a board of school directors shall

approve the use of a prefabricated unit, complete in itself, for

a school building or other proper structure to be erected upon

school property, the board of school directors may have prepared

appropriate specifications detailing the size and material

desired in a particular prefabricated unit, including all

utilities such as plumbing, heating and ventilating, and

electrical work, and may advertise for a single bid on all the

work and award the contract therefor to the lowest responsible

bidder: Provided, That if due to an emergency a school plant or

any part thereof becomes unusable competitive bids for repairs

or replacement may be solicited from at least three responsible

bidders, and upon the approval of any of these bids by [the

Secretary of Education,] the board of school directors, the

school district may proceed at once to make the necessary

repairs or replacements in accordance with the terms of said

approved bid or bids.

* * *

(c.1)  The act of May 1, 1913 (P.L.155, No.104), referred to

as the Separations Act, shall not apply to any person, entity,

contract or activity provided for by this section.

* * *

Section 2.  Section 1715-A(10) of the act, added June 19,

1997 (P.L.225, No.22), is amended to read:

Section 1715-A.  Charter School Requirements.--Charter

schools shall be required to comply with the following

provisions:

* * *

(10)  Boards of trustees and contractors of charter schools

shall be subject to the following statutory requirements

governing construction projects and construction-related work:

(i)  The following provisions of this act:

(A)  Sections 751 and 751.1.

(B)  Sections 756 and 757 insofar as they are consistent with

the act of December 20, 1967 (P.L.869, No.385), known as the

"Public Works Contractors' Bond Law of 1967."

[(ii)  Section 1 of the act of May 1, 1913 (P.L.155, No.104),

entitled "An act regulating the letting of certain contracts for

the erection, construction, and alteration of public

buildings."]

(iii)  The act of August 11, 1961 (P.L.987, No.442), known as

the "Pennsylvania Prevailing Wage Act."

(iv)  The "Public Works Contractors' Bond Law of 1967."

(v)  The act of March 3, 1978 (P.L.6, No.3), known as the

"Steel Products Procurement Act."

Boards of trustees and contractors of charter schools are not

subject to the requirements of the act of May 1, 1913 (P.L.155,

No.104), referred to as the Separations Act.

* * *

Section 3.  Section 1715-B of the act, added May 10, 2000

P.L.44, No.16), is amended to read:

Section 1715-B.  Applicability.--(a)  Nothing in this article

shall be construed to supersede or abrogate the following:

(1)  The provisions of sections 507, 691, 696 and 1125.1 as

they pertain to a city of the first class that is coterminous

with a school district of the first class or a school district

of the first class A.

(2)  Sections 751, 751.1, 755, 756 and 757 to the extent that

these sections are not inconsistent with the act of December 20,

1967 (P.L.869, No.385), known as the "Public Works Contractors'

Bond Law of 1967."

(3)  [Section 1 of the act of May 1, 1913 (P.L.155, No.104),

entitled "An act regulating the letting of certain contracts for

the erection, construction, and alteration of public buildings,"

the] The act of August 15, 1961 (P.L.987, No.442), known as the

"Pennsylvania Prevailing Wage Act," and the act of March 3, 1978

(P.L.6, No.3), known as the "Steel Products Procurement Act."

(4)  Nonpublic transportation as provided in section 1361.

(5)  A requirement of Federal law.

(b)  The act of May 1, 1913 (P.L.155, No.104), referred to as

the Separations Act, shall not apply to any person, entity,

contract or activity provided for by this article.

Section 4.  Section 1913-B.1(e) of the act, added December 9,

2002 (P.L.1472, No.187), is amended to read:

Section 1913-B.1.  Contracts for Construction, Repair,

Renovation or Maintenance.--* * *

(e)  Nothing in this section shall be construed as amending,

repealing or otherwise modifying the provisions of [the act of

May 1, 1913 (P.L.155, No.104), entitled "An act regulating the

letting of certain contracts for the erection, construction, and

alteration of public buildings," or] the act of August 15, 1961

(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage

Act." The act of May 1, 1913 (P.L.155, No.104), referred to as

the Separations Act, shall not apply to any person, entity,

contract or activity provided for by this article.

* * *

Section 5.  Section 2003-A.1(e) of the act, amended July 11,

1990 (P.L.424, No.103), is amended to read:

Section 2003-A.1.   Project Contracts.--* * *

(e)  Nothing in this section shall be construed as amending,

repealing or otherwise modifying the provisions of [the act of

May 1, 1913 (P.L.155, No.104), entitled "An act regulating the

letting of certain contracts for the erection, construction, and

alteration of public buildings," or] the act of August 15, 1961

(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage

Act." The act of May 1, 1913 (P.L.155, No.104), referred to as

the Separations Act, shall not apply to any person, entity,

contract or activity provided for by this article.

* * *

Section 6.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the purposes of this

act.

(2)  The act of May 1, 1913 (P.L.155, No.104), referred

to as the Separations Act, is repealed insofar as it applies

to school entities.

(3)  All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 7.  This act shall apply to contracts and purchases

advertised on or after January 1 of the year following the

effective date of this section.

Section 8.  This act shall take effect in 60 days.