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PRINTER'S NO. 880
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
743
Session of
2015
INTRODUCED BY JOZWIAK, GILLEN, READSHAW, KAUFFMAN, KILLION,
MARSHALL, SACCONE, WARD, DIAMOND, CORBIN, CALTAGIRONE,
BARRAR, DAVIS, MACKENZIE, HEFFLEY, McNEILL, CAUSER, ROZZI,
ZIMMERMAN, WATSON, MILLARD, KNOWLES, MURT, HAHN, MOUL,
TALLMAN, COHEN, DeLUCA, SAYLOR, D. COSTA, MAJOR, CUTLER,
OBERLANDER AND COX, MARCH 9, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2015
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in contract clauses and preference provisions,
requiring Commonwealth agencies to procure flags that are
manufactured in the United States and to give preference to
American-made products; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 37 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
FLAG PROCUREMENT AND
AMERICAN-MADE PRODUCT PREFERENCE
Sec.
3761. Short title of subchapter.
3762. Legislative findings and declaration.
3763. Definitions.
3764. Contract provisions.
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3765. Payment under contract and recovery of payments.
3766. Penalty.
§ 3761. Short title of subchapter.
This subchapter shall be known and may be cited as the Flag
Procurement and American-made Product Preference Act.
§ 3762. Legislative findings and declaration.
(a) Findings.--It is hereby determined by the General
Assembly that:
(1) The production of flags and other American-made
products provide jobs and family incomes for residents of
this Commonwealth.
(2) It has, for many years, been the policy of the
Commonwealth to aid and support the development and expansion
of industry in this Commonwealth in order to foster the
economic well-being of the Commonwealth and its people.
(3) The economy and general welfare of the Commonwealth
and its people, as well as the economy and general welfare of
the United States, are related to the preservation and
development of industry in this Commonwealth and in the other
states of the United States.
(b) Declaration.--The General Assembly declares that the
Commonwealth and all government agencies should, at all times,
aid and promote the development of the flag industry of the
United States in order to stimulate and improve the economic
well-being of the Commonwealth and its people and give
preference to American-made products when they are similarly
priced and of similar value and similar usefulness.
§ 3763. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
" Flag. " Any of the following:
(1) The flag of the United States, as defined in 4
U.S.C. § 1 (relating to flag; stripes and stars on) and the
executive orders entered in connection with that section,
made of fabric, cloth or paper displayed from a staff or
flagpole or in a window. The term does not include a
depiction or emblem of the United States flag made of lights,
paint, roofing, siding, paving materials, flora or balloons
or any other similar building, landscaping or decorative
component.
(2) The flag of the Commonwealth, as described in
section 1 of the act of June 13, 1907 (P.L.560, No.373) ,
entitled "An act designating the official flag of the
Commonwealth of Pennsylvania, and describing the same;
providing for the carrying of such flag by the regiments of
the National Guard of Pennsylvania; authorizing the Secretary
of the Commonwealth to provide, and have deposited in the
office of Secretary of the Commonwealth, a model of said
flag, and making an appropriation therefor."
" United States. " The United States of America and all
territory, continental or insular, subject to the jurisdiction
of the United States.
§ 3764. Contract provisions.
(a) Flags.--All Commonwealth agencies and the General
Assembly, its officers and agencies shall procure only flags
that are manufactured in the United States. A flag is
manufactured in the United States if the fabric, cloth or paper
is woven, dyed, printed or otherwise embedded into the final
product in the United States. Contract documents for the
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procurement of flags shall contain a provision that the flags
procured by the Commonwealth agency shall be manufactured in the
United States.
(b) Other products.--All Commonwealth agencies and the
General Assembly, its officers and agencies shall give
preference to American-made products when they are similarly
priced and of similar value and similar usefulness.
§ 3765. Payment under contract and recovery of payments.
A Commonwealth agency or the General Assembly, its officers
and agencies may not authorize, provide for or make a payment to
a person under a contract containing the provisions required by
section 3764 (relating to contract provisions) unless the
Commonwealth agency or the General Assembly, its officers and
agencies is satisfied that the person has complied with the
provisions. If a Commonwealth agency or the General Assembly,
its officers and agencies determines that a person who supplied
flags to the agency violated section 3764, the agency may
recover from the person a payment made by the Commonwealth
agency or the General Assembly, its officers and agencies for
the flags.
§ 3766. Penalty.
A person who willfully violates the provisions of this
subchapter may be prohibited by the Commonwealth agency or the
General Assembly, its officers and agencies from participation
in contracts awarded by the Commonwealth agency or the General
Assembly, its officers and agencies for a period of five years
from the date of the determination that a violation has
occurred. This penalty may be in addition to the withholding or
recovery of payments under section 3765 (relating to payment
under contract and recovery of payments).
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Section 2. This act shall apply to the procurement of flags
or contracts for the procurement of flags or other products
under 62 Pa.C.S. § 3765 entered into on or after the effective
date of this section.
Section 3. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
Section 4. This act shall take effect in 60 days.
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