THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEAR, AUMENT, BOYD, CREIGHTON, CUTLER, DALEY, FLECK, GEIST, GROVE, HALUSKA, HESS, HORNAMAN, KAUFFMAN, MOUL, MURT, PASHINSKI, PETRARCA, RAPP, READSHAW AND VULAKOVICH, MAY 14, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 14, 2012  

AN ACT

Amending the act of March 3, 1978 (P.L.6, No.3), entitled "An

act to promote the general welfare and stimulate the economy

of the Commonwealth by requiring that all public bodies,

including the Commonwealth, its political subdivisions, and

all authorities, include in all contracts for construction,

reconstruction, alteration, repair, improvement or

maintenance of improvements of a permanent or temporary

nature, a provision that if any steel products are to be used

in the performance of the contract only steel products

produced in the United States shall be used, and imposing

liability for violation of this act," further providing for

required contract provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4 of the act of March 3, 1978 (P.L.6,

No.3), known as the Steel Products Procurement Act, is amended

to read:

Section 4.  (a)  Every public agency shall require that every

contract document for the construction, reconstruction,

alteration, repair, improvement or maintenance of public works

contain a provision that, if any steel products are to be used

or supplied in the performance of the contract, only steel

products as herein defined shall be used or supplied in the

performance of the contract or any subcontracts thereunder.

(b)  This section shall not apply in any case where:

(1)  the head of the public agency, in writing, determines

that steel products as herein defined are not produced in the

United States in sufficient quantities to meet the requirements

of the contract[.];

(2)  a list of exempt steel products, which has been

identified by the Department of General Services as not produced

in the United States in sufficient quantities in the previous

calendar year, is published on the department's Internet

website, which contractors, subcontractors, suppliers, bidders,

offerors and public agencies can rely upon in preparing bids and

contracts. The list of exempt products shall be updated annually

on a date selected by the Department of General Services. The

Department of General Services may not make changes to the list

during the year following publication.

(c)  The General Assembly under section 11 of Article I of

the Constitution of Pennsylvania reaffirms sovereign immunity,

and no provision of this section shall constitute a waiver of

sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating

to sovereign immunity reaffirmed; specific waiver) or otherwise.

Section 2.  This act shall take effect in 60 days.