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                                                       PRINTER'S NO. 712

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 670 Session of 1997


        INTRODUCED BY ROBBINS, CORMAN, THOMPSON, STOUT AND AFFLERBACH,
           MARCH 12, 1997

        REFERRED TO LOCAL GOVERNMENT, MARCH 12, 1997

                                     AN ACT

     1  Amending the act of October 27, 1979 (P.L.241, No.78), entitled
     2     "An act authorizing political subdivisions, municipality
     3     authorities and transportation authorities to enter into
     4     contracts for the purchase of goods where no bids are
     5     received," providing for the sale of real and personal
     6     property.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The title and sections 1, 2, 3 and 4 of the act
    10  of October 27, 1979 (P.L.241, No.78), entitled "An act
    11  authorizing political subdivisions, municipality authorities and
    12  transportation authorities to enter into contracts for the
    13  purchase of goods where no bids are received," are amended to
    14  read:
    15                               AN ACT
    16  Authorizing political subdivisions, municipality authorities and
    17     transportation authorities to enter into contracts for the
    18     purchase of goods, and the sale of real and personal
    19     property, where no bids are received.


     1  Section 1.  Nonreceipt of bids.
     2     (a)  Purchase of goods.--When a political subdivision,
     3  municipality authority or transportation authority advertises
     4  for bids on an item and no bids are received, the political
     5  subdivision, municipality authority or transportation authority
     6  shall rebid the item. If again such bids are not received, the
     7  political subdivision, municipality authority or transportation
     8  authority may purchase or enter into contracts for the purchase
     9  of any item where no bids are received from suppliers for the
    10  item within 45 days of the date of second advertisement
    11  therefor.
    12     (b)  Sale of property.--When a political subdivision,
    13  municipality authority or transportation authority is required
    14  to advertise for bids in order to sell real or personal property
    15  and no bids are received, the political subdivision,
    16  municipality authority or transportation authority may proceed
    17  as follows:
    18         (1)  The political subdivision, municipality authority or
    19     transportation authority may advertise for bids a second
    20     time.
    21         (2)  If no bids are received within 15 days of the second
    22     advertisement, the political subdivision, municipality
    23     authority or transportation authority may initiate
    24     negotiations for a private sale of the property, taking into
    25     consideration its fair market value.
    26         (3)  The political subdivision, municipality authority or
    27     transportation authority must publicly announce the identity
    28     of the parties, the sale price, and a summary of the other
    29     terms and conditions relating to any proposed private sale at
    30     a regular or special meeting of its governing body.
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     1         (4)  After the public announcement of the sale is made in
     2     accordance with paragraph (3), at least 30 days must elapse
     3     before a political subdivision, municipality authority or
     4     transportation authority may authorize the private sale in
     5     accordance with this subsection.
     6  Section 2.  Applicability of act.
     7     The provisions of [the] this act shall apply only when such
     8  political subdivision, municipality authority or transportation
     9  authority has complied with the provisions of law as to
    10  advertising for bids and no bids were submitted.
    11  Section 3.  Repeals.
    12     All acts and parts of acts are repealed insofar as they are
    13  inconsistent with this act.
    14  Section 4.  Effective date.
    15     This act shall take effect immediately.
    16     Section 2.  This act shall take effect immediately.










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