PRINTER'S NO. 477
No. 437 Session of 1983
INTRODUCED BY BELL, LYNCH AND BODACK, MARCH 7, 1983
REFERRED TO STATE GOVERNMENT, MARCH 7, 1983
AN ACT 1 Requiring certain public agencies in the Commonwealth of 2 Pennsylvania to purchase or lease motor vehicles which are 3 manufactured or assembled in the United States and imposing a 4 penalty. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Motor Vehicle 9 Procurement Act. 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 "Motor vehicle." Includes motorcycle, automobile, truck, 15 tractor, plow and earth moving equipment. 16 "Person." Natural persons as well as corporations, 17 partnerships, business units and associations. 18 "Public agency."
1 (1) The Commonwealth and its departments, boards, 2 commissions and agencies. 3 (2) Counties, cities, boroughs, townships, school 4 districts and any other governmental unit or district. 5 (3) The State Public School Building Authority, the 6 State Highway and Bridge Authority and any other authority 7 now in existence or hereafter created or organized by the 8 Commonwealth. 9 (4) The municipal or school or other authorities now in 10 existence or hereafter created or organized by any county, 11 city, borough, township or school district or combination 12 thereof. 13 (5) Any and all other public bodies, authorities, 14 offices, agencies and instrumentalities exercising a 15 governmental or proprietary function. 16 "United States." The United States of America. It includes 17 all territory, continental or insular, subject to the 18 jurisdiction of the United States. 19 Section 3. Police power. 20 This act shall be deemed to be an exercise of the police 21 power of the Commonwealth for the protection of the health, 22 safety and general welfare of its citizens. 23 Section 4. Public policy. 24 (a) Legislative finding.--It is determined by the General 25 Assembly and declared to be its legislative finding that: 26 (1) The production of motor vehicles and component parts 27 constitutes a major industry of the Commonwealth. It provides 28 employment for and incomes of hundreds of thousands of the 29 people of this Commonwealth and, in turn, millions of persons 30 in the United States. 19830S0437B0477 - 2 -
1 (2) The taxes paid to the Commonwealth and its political 2 subdivisions by employers and employees engaged in the 3 production and sale of motor vehicles is one of the largest 4 single sources of public revenues in this Commonwealth. 5 (3) It has, for many years, been the policy of the 6 Commonwealth to aid and support the development and expansion 7 of industry here to foster the economic well-being of the 8 Commonwealth and its people. 9 (4) The economy and general welfare of the Commonwealth 10 and its citizens, as well as the economy, general welfare and 11 national security of the United States, are inseparably 12 related in the preservation and development of the motor 13 vehicle industry in Pennsylvania and in other states of the 14 United States. 15 (b) General Assembly declaration.--The General Assembly 16 declares it to be the policy of the Commonwealth of Pennsylvania 17 that public officers and agencies should aid and promote the 18 development of the motor vehicle industry of the United States 19 to stimulate and improve the economic well-being of the 20 Commonwealth and its citizens. 21 Section 5. Contract provisions. 22 (a) Motor vehicles to be manufactured or assembled in the 23 United States.--A public agency shall purchase, lease or rent 24 only motor vehicles which are manufactured or assembled in the 25 United States. Contract documents for the purchase, lease or 26 rental of motor vehicles shall contain a provision that the 27 vehicles purchased, leased or rented by the public agency shall 28 be manufactured or assembled in the United States. 29 (b) Exception.--This section shall not apply where the head 30 of the public agency shall state in writing that it is 19830S0437B0477 - 3 -
1 inconsistent with the public interest, or that the cost is 2 unreasonable. 3 Section 6. Payments under contract; action to recover 4 unauthorized payments. 5 A public agency shall not authorize, provide for or make a 6 payment to a person under a contract containing the provision 7 required by section 5 unless the public agency is satisfied that 8 the person has complied with the provision. The payment made to 9 a person by a public agency which should not have been made 10 shall be recoverable directly from the supplier of the motor 11 vehicle who did not comply with section 5 by the public agency 12 or the Attorney General by suit filed in the Commonwealth Court. 13 Section 7. Liberal construction. 14 This act is intended as remedial legislation designed to 15 promote the general welfare and stimulate the economy of the 16 Commonwealth and its people. Each provision shall receive a 17 liberal construction to effectuate that intention. None of the 18 provisions of this act shall receive a strict or limited 19 construction. 20 Section 8. Penalty. 21 A violation of a provision of this act shall be a misdemeanor 22 of the first degree. 23 Section 9. Effective date. 24 This act shall take effect in 60 days. A6L12RAW/19830S0437B0477 - 4 -