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                                                      PRINTER'S NO. 1543

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1335 Session of 1989


        INTRODUCED BY PRESTON, WAMBACH, HARPER, ANGSTADT, R. C. WRIGHT,
           TRELLO, VAN HORNE AND LASHINGER, APRIL 26, 1989

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 26, 1989

                                     AN ACT

     1  Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
     2     amended, "An act to promote public health, safety, morals,
     3     and welfare by declaring the necessity of creating public
     4     bodies, corporate and politic, to be known as housing
     5     authorities to engage in slum clearance, and to undertake
     6     projects, to provide dwelling accommodations for persons of
     7     low income; providing for the organization of such housing
     8     authorities; defining their powers and duties; providing for
     9     the exercise of such powers, including the acquisition of
    10     property by purchase, gift or eminent domain, the renting and
    11     selling of property, and including borrowing money, issuing
    12     bonds, and other obligations, and giving security therefor;
    13     prescribing the remedies of obligees of housing authorities;
    14     authorizing housing authorities to enter into agreements,
    15     including agreements with the United States, the
    16     Commonwealth, and political subdivisions and municipalities
    17     thereof; defining the application of zoning, sanitary, and
    18     building laws and regulations to projects built or maintained
    19     by such housing authorities; exempting the property and
    20     securities of such housing authorities from taxation; and
    21     imposing duties and conferring powers upon the State Planning
    22     Board, and certain other State officers and departments,"
    23     increasing the maximum amount for which authorities may
    24     contract or purchase without bids.

    25     The General Assembly of the Commonwealth of Pennsylvania
    26  hereby enacts as follows:
    27     Section 1.  Section 11(a) and (b) of the act of May 28, 1937
    28  (P.L.955, No.265), known as the Housing Authorities Law, amended
    29  February 5, 1982 (P.L.17, No.8), are amended to read:

     1     Section 11.  Awards of Contracts; Completion Bond; Additional
     2  Bond for Protection of Materialmen and Others.--
     3     (a)  Whenever the estimated cost of any construction,
     4  erection, installation, completion, alteration, repair of, or
     5  addition to, any project subject to the control of any Authority
     6  shall exceed [four thousand ($4,000) dollars] ten thousand
     7  ($10,000) dollars, it shall be the duty of said Authority to
     8  have such work performed pursuant to a contract awarded to the
     9  lowest responsible bidder, after advertisement for bids. Every
    10  such contract shall contain a provision obligating the
    11  contractor to the prompt payment of all material furnished,
    12  labor supplied or performed, rental for equipment employed, and
    13  services rendered by public utilities in or in connection with
    14  the prosecution of the work, whether or not the said material,
    15  labor, equipment or service enter into and become component
    16  parts of the work or improvement contemplated. Such provision
    17  shall be deemed to be included for the benefit of every person,
    18  copartnership, association or corporation who, as subcontractor
    19  or otherwise, has furnished material, supplied or performed
    20  labor, rented equipment or services in or in connection with the
    21  prosecution of the work as aforesaid, and the inclusion thereof
    22  in any contract shall preclude the filing by any such person,
    23  copartnership, association or corporation of any mechanics' lien
    24  claim for such material, labor or rental of equipment.
    25     (b)  Whenever the estimated cost of any purchase of supplies,
    26  materials or equipment or the rental of any equipment, whether
    27  or not the same is to be used in connection with the
    28  construction, erection, installation, completion, alteration,
    29  repair of, or addition to, any project subject to the control of
    30  any Authority, shall exceed [four thousand ($4,000) dollars] ten
    19890H1335B1543                  - 2 -

     1  thousand ($10,000) dollars, it shall be the duty of such
     2  Authority to have such purchase or rental made pursuant to a
     3  contract awarded to the lowest responsible bidder, after
     4  advertisement for bids, such advertisement to be inserted in a
     5  newspaper of general circulation within the county in which the
     6  Authority operates.
     7     * * *
     8     Section 2.  This act shall take effect in 60 days.















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