SENATE AMENDED
PRIOR PRINTER'S NOS. 2065, 2586, 2694, PRINTER'S NO. 3298
3168
No. 1636 Session of 1983
INTRODUCED BY COLAFELLA, MORRIS, RYBAK, KOWALYSHYN, PETRARCA,
GALLAGHER, ANGSTADT, HALUSKA, WOZNIAK, GRUPPO, DeWEESE,
ALDERETTE, WAMBACH, BOOK, DALEY, PETRONE, PISTELLA, SEVENTY,
LESCOVITZ, DeLUCA, E. Z. TAYLOR, ITKIN, MAIALE, VAN HORNE,
PRATT, VROON, FISCHER, MICHLOVIC, PRESTON, SALVATORE, KASUNIC
AND CORDISCO, OCTOBER 25, 1983
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 25, 1984
AN ACT
1 Amending the act of March 3, 1978 (P.L.6, No.3), entitled "An
2 act to promote the general welfare and stimulate the economy
3 of the Commonwealth by requiring that all public bodies,
4 including the Commonwealth, its political subdivisions, and
5 all authorities, include in all contracts for construction,
6 reconstruction, alteration, repair, improvement or
7 maintenance of improvements of a permanent or temporary
8 nature, a provision that if any steel products are to be used
9 in the performance of the contract only steel products
10 produced in the United States shall be used, and imposing
11 liability for violation of this act," further providing for
12 compliance with the act; providing for the imposition of a
13 ban on bidding for violations of certain provisions of the
14 act; FURTHER DEFINING "PUBLIC WORKS"; and further defining <--
15 steel products to include machinery and equipment.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 5 of the act of March 3, 1978 (P.L.6,
19 No.3), known as the Steel Products Procurement Act, repealed in
20 part October 5, 1980 (P.L.693, No.142), is amended to read:
21 Section 5. (a) No public agency shall authorize, provide
1 for or make any payments to any person under any contract
2 containing the provision required by section 4 unless [the
3 public agency is satisfied], WHEN UNIDENTIFIED STEEL PRODUCTS <--
4 ARE SUPPLIED UNDER A CONTRACT, such person has provided
5 documentation including, but not limited to, invoices and, bills <--
6 of lading, AND MILL CERTIFICATION THAT THE STEEL WAS MELTED AND <--
7 MANUFACTURED IN THE UNITED STATES, which establish that such
8 person has fully complied with such provision. IF A STEEL <--
9 PRODUCT IS IDENTIFIABLE FROM ITS FACE, SUCH PERSON MUST SUBMIT
10 CERTIFICATION WHICH SATISFIES THE PUBLIC AGENCY THAT SUCH PERSON
11 HAS FULLY COMPLIED WITH THE PROVISION REQUIRED BY SECTION 4. Any
12 such payments made to any person by any public agency which
13 should not have been made as a result of this section shall be
14 recoverable directly from the contractor [or], subcontractor, <--
15 MANUFACTURER OR SUPPLIER who did not comply with section 4 by
16 either such public agency, MANUFACTURER, SUPPLIER or the <--
17 Attorney General of Pennsylvania.
18 (b) In addition to the withholding of payments, any person
19 who violates the provisions of section 4(a) WILLFULLY VIOLATES <--
20 ANY OF THE PROVISIONS OF THIS ACT shall be prohibited from
21 submitting any bids to any public agency for any contract for a
22 period of five years from the date that the violation is <--
23 determined to have occurred. OF THE DETERMINATION THAT A <--
24 VIOLATION HAS OCCURRED. IN THE EVENT THE PERSON WHO VIOLATES THE <--
25 PROVISIONS OF SECTION 4(A) IS A SUBCONTRACTOR, MANUFACTURER OR
26 SUPPLIER, SUCH PERSON SHALL BE PROHIBITED FROM PERFORMING ANY
27 WORK OR SUPPLYING ANY MATERIALS TO A PUBLIC AGENCY FOR A PERIOD
28 OF FIVE YEARS FROM THE DATE THAT THE VIOLATION IS DETERMINED TO <--
29 HAVE OCCURRED. OF THE DETERMINATION THAT A VIOLATION HAS <--
30 OCCURRED.
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1 (C) TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
2 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE) APPLIES TO
3 DECISIONS BY PUBLIC AGENCIES THAT A PERSON HAS VIOLATED SECTION
4 4(A).
5 Section 2. The definition of DEFINITIONS OF "PUBLIC WORKS" <--
6 AND "steel products" in section 6 of the act, THE DEFINITION OF <--
7 "STEEL PRODUCTS" amended June 18, 1982 (P.L.556, No.161), is ARE <--
8 amended to read:
9 Section 6. The following words and phrases when used in this
10 act shall have, unless the context clearly indicates otherwise,
11 the meanings given to them in this section:
12 * * *
13 "PUBLIC WORKS." ANY STRUCTURE, BUILDING, HIGHWAY, WATERWAY, <--
14 STREET, BRIDGE, TRANSIT SYSTEM, AIRPORT OR OTHER BETTERMENT,
15 WORK OR IMPROVEMENT WHETHER OF A PERMANENT OR TEMPORARY NATURE
16 AND WHETHER FOR GOVERNMENTAL OR PROPRIETARY USE. THE TERM
17 INCLUDES, BUT IS NOT LIMITED TO, ANY RAILWAY, STREET RAILWAY,
18 SUBWAY, ELEVATED AND MONORAIL PASSENGER OR PASSENGER AND RAIL
19 ROLLING STOCK, SELF-PROPELLED CARS, GALLERY CARS, LOCOMOTIVES,
20 PASSENGER BUSES, WIRES, POLES AND EQUIPMENT FOR ELECTRIFICATION
21 OF A TRANSIT SYSTEM, RAILS, TRACKS, ROADBEDS, GUIDEWAYS,
22 ELEVATED STRUCTURES, BUILDINGS, STATIONS, TERMINALS, DOCKS,
23 SHELTERS AND REPAIRS TO ANY OF THE FOREGOING.
24 "Steel products." Products rolled, formed, shaped, drawn,
25 extruded, forged, cast, fabricated or otherwise similarly
26 processed, or processed by a combination of two or more of such
27 operations, from steel made in the United States by the open
28 hearth, basic oxygen, electric furnace, Bessemer or other steel
29 making process and shall include cast iron products and shall
30 include machinery and equipment listed in United States
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1 Department of Commerce Standard Industrial Classification 25
2 (furniture and fixture), 35 (machinery, except electrical) and
3 37 (transportation equipment) and made of, fabricated from, or
4 containing steel components. when the contract amount for such <--
5 machinery and equipment is in excess of $25,000. If a product
6 contains both foreign and United States steel, such product
7 shall be determined to be a United States steel product only if
8 AT LEAST 75% OF THE COST OF THE ARTICLES, MATERIALS AND SUPPLIES <--
9 HAVE BEEN MINED, PRODUCED OR MANUFACTURED, AS THE CASE MAY BE,
10 IN THE UNITED STATES. it has been manufactured in the United <--
11 States substantially from articles, materials and supplies all
12 mined, produced or manufactured, as the case may be, in the
13 United States. TRANSPORTATION EQUIPMENT SHALL BE DETERMINED TO <--
14 BE A UNITED STATES STEEL PRODUCT IF IT COMPLIES WITH SECTION 165
15 OF PUBLIC LAW 97-424 (96 STAT. 2136).
16 * * *
17 Section 3. This act shall not apply to any contract awarded
18 pursuant to an invitation for bids issued on or before the
19 effective date of this act.
20 Section 4. This act shall take effect in 60 days.
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