PRIOR PRINTER'S NO. 3525

PRINTER'S NO.  4061

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1840

Session of

2012

  

  

INTRODUCED BY BEAR, AUMENT, BOYD, CREIGHTON, CUTLER, DALEY, FLECK, GEIST, GROVE, HALUSKA, HESS, HORNAMAN, KAUFFMAN, MOUL, MURT, PASHINSKI, PETRARCA, RAPP, READSHAW, VULAKOVICH AND SIMMONS, MAY 14, 2012

  

  

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 2012   

  

  

  

AN ACT

  

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Amending the act of March 3, 1978 (P.L.6, No.3), entitled "An

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act to promote the general welfare and stimulate the economy

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of the Commonwealth by requiring that all public bodies,

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including the Commonwealth, its political subdivisions, and

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all authorities, include in all contracts for construction,

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reconstruction, alteration, repair, improvement or

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maintenance of improvements of a permanent or temporary

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nature, a provision that if any steel products are to be used

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in the performance of the contract only steel products

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produced in the United States shall be used, and imposing

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liability for violation of this act," further providing for

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required contract provisions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 4 of the act of March 3, 1978 (P.L.6,

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No.3), known as the Steel Products Procurement Act, is amended

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to read:

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Section 4.  (a)  Every public agency shall require that every

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contract document for the construction, reconstruction,

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alteration, repair, improvement or maintenance of public works

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contain a provision that, if any steel products are to be used

 


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or supplied in the performance of the contract, only steel

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products as herein defined shall be used or supplied in the

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performance of the contract or any subcontracts thereunder.

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(b)  This section shall not apply in any case [where]:

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(1)  where the head of the public agency, in writing,

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determines that steel products as herein defined are not

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produced in the United States in sufficient quantities to meet

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the requirements of the contract[.]; or

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(2)  to items on a list of exempt machinery and equipment

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steel products, which has have been identified by the Department

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of General Services as not produced in the United States in

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sufficient quantities in the previous calendar year, is and 

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published on the department's publicly accessible Internet

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website, which contractors, subcontractors, suppliers, bidders,

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offerors and public agencies can rely upon in preparing bids and

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contracts. The list of exempt machinery and equipment steel 

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products shall be updated annually on a date selected by the

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Department of General Services. The Department of General

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Services may not make changes to the list during the year

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following publication. Prior to publication on the Internet

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website, and in each subsequent year, the Department of General

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Services shall publish the list of exempt machinery and

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equipment steel products in the Pennsylvania Bulletin and

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provide for a 30-day public comment period. The Department of

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General Services shall, through a statement of policy, establish

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a process for creating the list of exempt machinery and

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equipment steel products and resolving disputes with respect to

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items on the list raised during the public comment period prior

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to the publication of the Internet website. The provisions of 2

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Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of

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Commonwealth agencies) shall not apply to this section.

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(c)  The General Assembly under section 11 of Article I of

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the Constitution of Pennsylvania reaffirms sovereign immunity,

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and no provision of this section shall constitute a waiver of

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sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating

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to sovereign immunity reaffirmed; specific waiver) or otherwise.

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Section 2.  This act shall take effect in 60 days.

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