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| PRIOR PRINTER'S NO. 3525 | PRINTER'S NO. 4061 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 2012 |
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| AN ACT |
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1 | Amending the act of March 3, 1978 (P.L.6, No.3), entitled "An |
2 | act to promote the general welfare and stimulate the economy |
3 | of the Commonwealth by requiring that all public bodies, |
4 | including the Commonwealth, its political subdivisions, and |
5 | all authorities, include in all contracts for construction, |
6 | reconstruction, alteration, repair, improvement or |
7 | maintenance of improvements of a permanent or temporary |
8 | nature, a provision that if any steel products are to be used |
9 | in the performance of the contract only steel products |
10 | produced in the United States shall be used, and imposing |
11 | liability for violation of this act," further providing for |
12 | required contract provisions. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 4 of the act of March 3, 1978 (P.L.6, |
16 | No.3), known as the Steel Products Procurement Act, is amended |
17 | to read: |
18 | Section 4. (a) Every public agency shall require that every |
19 | contract document for the construction, reconstruction, |
20 | alteration, repair, improvement or maintenance of public works |
21 | contain a provision that, if any steel products are to be used |
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1 | or supplied in the performance of the contract, only steel |
2 | products as herein defined shall be used or supplied in the |
3 | performance of the contract or any subcontracts thereunder. |
4 | (b) This section shall not apply in any case [where]: | <-- |
5 | (1) where the head of the public agency, in writing, | <-- |
6 | determines that steel products as herein defined are not |
7 | produced in the United States in sufficient quantities to meet |
8 | the requirements of the contract[.]; or | <-- |
9 | (2) to items on a list of exempt machinery and equipment | <-- |
10 | steel products, which has have been identified by the Department | <-- |
11 | of General Services as not produced in the United States in |
12 | sufficient quantities in the previous calendar year, is and | <-- |
13 | published on the department's publicly accessible Internet | <-- |
14 | website, which contractors, subcontractors, suppliers, bidders, |
15 | offerors and public agencies can rely upon in preparing bids and |
16 | contracts. The list of exempt machinery and equipment steel | <-- |
17 | products shall be updated annually on a date selected by the |
18 | Department of General Services. The Department of General |
19 | Services may not make changes to the list during the year |
20 | following publication. Prior to publication on the Internet | <-- |
21 | website, and in each subsequent year, the Department of General |
22 | Services shall publish the list of exempt machinery and |
23 | equipment steel products in the Pennsylvania Bulletin and |
24 | provide for a 30-day public comment period. The Department of |
25 | General Services shall, through a statement of policy, establish |
26 | a process for creating the list of exempt machinery and |
27 | equipment steel products and resolving disputes with respect to |
28 | items on the list raised during the public comment period prior |
29 | to the publication of the Internet website. The provisions of 2 |
30 | Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of |
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1 | Commonwealth agencies) shall not apply to this section. |
2 | (c) The General Assembly under section 11 of Article I of | <-- |
3 | the Constitution of Pennsylvania reaffirms sovereign immunity, |
4 | and no provision of this section shall constitute a waiver of |
5 | sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating |
6 | to sovereign immunity reaffirmed; specific waiver) or otherwise. |
7 | Section 2. This act shall take effect in 60 days. |
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