HOUSE AMENDED
        PRIOR PRINTER'S NO. 477                       PRINTER'S NO. 1746

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 437 Session of 1983


        INTRODUCED BY BELL, LYNCH, BODACK AND ZEMPRELLI, MARCH 7, 1983

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, FEBRUARY 22, 1984

                                     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.


     1     "Public agency."
     2         (1)  The Commonwealth and its departments, boards,
     3     commissions and agencies.
     4         (2)  Counties, cities, boroughs, townships, school
     5     districts and any other governmental unit or district.
     6         (3)  The State Public School Building Authority, the
     7     State Highway and Bridge Authority and any other authority
     8     now in existence or hereafter created or organized by the
     9     Commonwealth.
    10         (4)  The municipal or school or other authorities now in
    11     existence or hereafter created or organized by any county,
    12     city, borough, township or school district or combination
    13     thereof.
    14         (5)  Any and all other public bodies, authorities,
    15     offices, agencies and instrumentalities exercising a
    16     governmental or proprietary function.
    17     "United States."  The United States of America. It includes
    18  all territory, continental or insular, subject to the
    19  jurisdiction of the United States.
    20  Section 3.  Police power.
    21     This act shall be deemed to be an exercise of the police
    22  power of the Commonwealth for the protection of the health,
    23  safety and general welfare of its citizens.
    24  Section 4.  Public policy.
    25     (a)  Legislative finding.--It is determined by the General
    26  Assembly and declared to be its legislative finding that:
    27         (1)  The production of motor vehicles and component parts
    28     constitutes a major industry of the Commonwealth. It provides
    29     employment for and incomes of hundreds of thousands of the
    30     people of this Commonwealth and, in turn, millions of persons
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     1     in the United States.
     2         (2)  The taxes paid to the Commonwealth and its political
     3     subdivisions by employers and employees engaged in the
     4     production and sale of motor vehicles is one of the largest
     5     single sources of public revenues in this Commonwealth.
     6         (3)  It has, for many years, been the policy of the
     7     Commonwealth to aid and support the development and expansion
     8     of industry here to foster the economic well-being of the
     9     Commonwealth and its people.
    10         (4)  The economy and general welfare of the Commonwealth
    11     and its citizens, as well as the economy, general welfare and
    12     national security of the United States, are inseparably
    13     related in the preservation and development of the motor
    14     vehicle industry in Pennsylvania and in other states of the
    15     United States.
    16     (b)  General Assembly declaration.--The General Assembly
    17  declares it to be the policy of the Commonwealth of Pennsylvania
    18  that public officers and agencies should aid and promote the
    19  development of the motor vehicle industry of the United States
    20  to stimulate and improve the economic well-being of the
    21  Commonwealth and its citizens.
    22  Section 5.  Contract provisions.
    23     (a)  Motor vehicles to be manufactured or assembled in the
    24  United States.--A public agency shall purchase, lease or rent
    25  only motor vehicles which are manufactured or assembled in the
    26  United States. IN THE CASE OF MOTOR VEHICLES WHICH ARE ASSEMBLED  <--
    27  BUT NOT MANUFACTURED IN THE UNITED STATES, A PUBLIC AGENCY SHALL
    28  NOT PURCHASE, LEASE OR RENT ANY SUCH MOTOR VEHICLE UNLESS A
    29  MAJORITY OF THE PARTS, AS SET FORTH AT 40 CFR 600.511-80, USED
    30  IN ASSEMBLING SUCH MOTOR VEHICLES ARE MANUFACTURED IN THE UNITED
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     1  STATES. Contract documents for the purchase, lease or rental of
     2  motor vehicles shall contain a provision that the vehicles
     3  purchased, leased or rented by the public agency shall be
     4  manufactured or assembled in the United States.
     5     (b)  Exception.--This section shall not apply where the head
     6  of the public agency shall state in writing that it is
     7  inconsistent with the public interest, or that the cost is
     8  unreasonable.
     9  Section 6.  Payments under contract; action to recover
    10              unauthorized payments.
    11     A public agency shall not authorize, provide for or make a
    12  payment to a person under a contract containing the provision
    13  required by section 5 unless the public agency is satisfied that
    14  the person has complied with the provision. The payment made to
    15  a person by a public agency which should not have been made
    16  shall be recoverable directly from the supplier of the motor
    17  vehicle who did not comply with section 5 by the public agency
    18  or the Attorney General by suit filed in the Commonwealth Court.
    19  Section 7.  Liberal construction.
    20     This act is intended as remedial legislation designed to
    21  promote the general welfare and stimulate the economy of the
    22  Commonwealth and its people. Each provision shall receive a
    23  liberal construction to effectuate that intention. None of the
    24  provisions of this act shall receive a strict or limited
    25  construction.
    26  Section 8.  Penalty.
    27     A violation of a provision of this act shall be a misdemeanor
    28  of the first degree.
    29  Section 9.  Effective date.
    30     This act shall take effect in 60 days.
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