PRIOR PRINTER'S NO. 2506 PRINTER'S NO. 3250
No. 1864 Session of 2005
INTRODUCED BY ROSS, HERMAN, LESCOVITZ, BIANCUCCI, HANNA,
M. KELLER, HARHAI, HICKERNELL, O'NEILL, KAUFFMAN, HENNESSEY,
HARPER, PETRI, T. STEVENSON, McNAUGHTON, GINGRICH, ARMSTRONG,
BALDWIN, BOYD, CAPPELLI, DALLY, DENLINGER, DeWEESE, FRANKEL,
GEIST, HARRIS, HERSHEY, McILHATTAN, PHILLIPS, SCAVELLO AND
WATSON, JULY 3, 2005
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2005
AN ACT
1 Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106,
2 No.46), entitled, as reenacted and amended, "An act relating
3 to flood control; prescribing the powers and duties of the
4 Water and Power Resources Board of the Department of Forests
5 and Waters in relation to the creation of flood control
6 districts, adoption of plans for flood control works and
7 improvements, carrying into effect of such plans, assistance,
8 aid and cooperation with public and private agencies and the
9 Federal Government in Federal flood control works and
10 improvements, and entering into compacts and agreements with
11 other states for flood control works and improvements;
12 conferring the power of eminent domain; providing for the
13 setting off of benefits; imposing certain charges upon the
14 Commonwealth; providing for appeals; and conferring certain
15 powers on municipalities, counties, and townships, and the
16 Department of Highways," further providing for contracts and
17 acquisition of property; and providing for annual adjustment
18 AND FOR EVASION OF ADVERTISING REQUIREMENTS. <--
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 10 of the act of August 7, 1936 (1st
22 Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law,
23 reenacted and amended March 10, 1937 (P.L.43, No.18), and
1 amended December 22, 1981 (P.L.551, No.162), is amended to read:
2 Section 10. Contracts and Acquisition of Property.--All work
3 of any character whatever performed by the board under the
4 authority of this act, except as hereinafter provided, in
5 connection with any State public flood control works and
6 improvements, involving an expenditure of more than [four
7 thousand dollars] twenty-five EIGHTEEN thousand dollars subject <--
8 to annual adjustment under section 10.1, shall be performed
9 under written contract let by the board to the lowest
10 responsible bidder after due advertisement as prescribed by the
11 board; except, however, that the board may, with the approval of
12 the Governor, enter into contracts or agreements, without
13 advertisement, with any person, corporation or municipality,
14 covering the removal or relocation of gas, water, and telephone,
15 telegraph, electric light, and electric power lines, highways,
16 railroads, or other facilities, and providing therein for said
17 removal or relocation by the person, corporation or municipality
18 owning such facility. The board may, with the approval of the
19 Governor, acquire any necessary easements and rights-of-way and
20 may pay all costs and damages necessary, arising from and
21 incidental to said removal or relocation. Payment shall be made
22 from the General Fund Appropriations for Flood Control Projects.
23 The board may sell, lease, or otherwise dispose of all
24 property, real, personal or mixed, acquired under the provisions
25 of this act, not needed by the Commonwealth for reservoir or
26 flood control purposes, subject to the approval of the Governor.
27 The moneys received through such sale, lease or other
28 disposition shall accrue to the General Fund.
29 Every contract for the construction, reconstruction,
30 alteration, repair, improvement or maintenance of public works
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1 shall comply with the provisions of the act of March 3, 1978
2 (P.L.6, No.3), known as the "Steel Products Procurement Act."
3 Section 2. The act is amended by adding a section SECTIONS <--
4 to read: period of three years. <--
5 Section 10.1. Annual Adjustment.--(a) The Department of <--
6 Labor and Industry shall determine the percentage change in the
7 Consumer Price Index for All Urban Consumers for the twelve-
8 month period ending September 30 of the calendar year in which
9 this section becomes effective, and for each successive twelve-
10 month period thereafter. ANNUALLY, BEGINNING WITH THE YEAR IN <--
11 WHICH THIS SUBSECTION BECOMES APPLICABLE TO CONTRACTS AND
12 PURCHASES, THE DEPARTMENT OF LABOR AND INDUSTRY SHALL CALCULATE
13 THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN
14 CONSUMERS (CPI-U) FOR THE UNITED STATES CITY AVERAGE FOR ALL
15 ITEMS AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR,
16 BUREAU OF LABOR STATISTICS, FOR THE TWELVE-MONTH AVERAGE ENDING
17 IN SEPTEMBER OF THE PRIOR YEAR.
18 (b) The amount at which competitive bidding is required
19 under section 10 shall be adjusted annually. The positive
20 percentage change, as determined in accordance with subsection
21 (a), shall be multiplied by the amount applicable under section
22 10 for the current year and the product thereof shall be added
23 to the amount applicable under section 10 for the current year,
24 with the result rounded to the nearest multiple of ten dollars.
25 (c) The annual determination required under subsection (a)
26 and the calculation of the adjustments required under subsection
27 (b) shall be made in the period between October 1 and November
28 15 of the year following the effective date of this section, and
29 annually between October 1 and November 15 of each successive
30 year.
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1 (d) The adjusted amounts obtained in accordance with
2 subsection (b) shall become effective January 1 for the calendar
3 year following the year in which the determination required
4 under subsection (a) is made.
5 (e) The Department of Labor and Industry shall give notice
6 in the Pennsylvania Bulletin prior to January 1 of each calendar
7 year of the annual percentage change determined in accordance
8 with subsection (a) and the amounts, whether adjusted or
9 unadjusted in accordance with subsection (b), at which
10 competitive bidding is required under section 10 for the
11 calendar year beginning the first day of January after
12 publication of the notice.
13 SECTION 10.2. EVASION OF ADVERTISING REQUIREMENTS.--NO BOARD <--
14 MEMBER SHALL EVADE THE PROVISIONS OF SECTION 10 AS TO
15 ADVERTISING FOR BIDS, BY PURCHASING OR CONTRACTING FOR SERVICES
16 AND PERSONAL PROPERTIES PIECEMEAL TO OBTAIN PRICES UNDER THE
17 REQUIRED ADVERTISING PRICE, SUBJECT TO ANNUAL ADJUSTMENT UNDER
18 SECTION 10.1. THIS PROVISION IS INTENDED TO MAKE UNLAWFUL THE
19 EVADING OF ADVERTISING REQUIREMENTS BY MAKING A SERIES OF
20 PURCHASES OR CONTRACTS EACH FOR LESS THAN THE ADVERTISING
21 REQUIREMENT PRICE, OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES
22 OR CONTRACTS, EACH BELOW SAID PRICE, WHEN IN EITHER CASE, THE
23 TRANSACTIONS INVOLVED SHOULD HAVE BEEN MADE AS ONE TRANSACTION
24 FOR ONE PRICE. ANY BOARD MEMBERS WHO SO VOTE IN VIOLATION OF
25 THIS PROVISION, AND WHO KNOW THAT THE TRANSACTION UPON WHICH
26 THEY SO VOTE IS OR OUGHT TO BE A PART OF A LARGER TRANSACTION,
27 AND THAT IT IS BEING DIVIDED IN ORDER TO EVADE THE REQUIREMENTS
28 AS TO ADVERTISING FOR BIDS, SHALL BE JOINTLY AND SEVERALLY
29 SUBJECT TO SURCHARGE FOR TEN PER CENTUM (10%) OF THE FULL AMOUNT
30 OF THE CONTRACT OR PURCHASE. WHENEVER IT SHALL APPEAR THAT A
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1 BOARD MEMBER MAY HAVE VOTED IN VIOLATION OF THIS SECTION, BUT
2 THE PURCHASE OR CONTRACT ON WHICH THE MEMBER SO VOTED WAS NOT
3 APPROVED BY THE BOARD, THIS SECTION SHALL BE INAPPLICABLE.
4 Section 3. This act shall apply to contracts and purchases
5 advertised on or after January 1 of the year following the
6 effective date of this section.
7 Section 4. This act shall take effect immediately.
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