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                                                      PRINTER'S NO. 3488

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2395 Session of 2008


        INTRODUCED BY DALLY, BRENNAN, CLYMER, FABRIZIO, FLECK, GEIST,
           GRUCELA, HARHART, HERSHEY, HORNAMAN, McILHATTAN, MURT,
           MUSTIO, PICKETT, REICHLEY, ROHRER, SAYLOR, SCHRODER,
           SIPTROTH, SONNEY AND THOMAS, MARCH 27, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 27, 2008

                                     AN ACT

     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     applicability.

    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
    22  or supplied in the performance of the contract, only steel

     1  products as herein defined shall be used or supplied in the
     2  performance of the contract or any subcontracts thereunder.
     3     (b)  This section shall not apply in any [case where] of the
     4  following cases:
     5     (1)  If the head of the public agency, in writing, determines
     6  that steel products as herein defined are not produced in the
     7  United States in sufficient quantities to meet the requirements
     8  of the contract.
     9     (2)  If a public agency, in order to comply with subsection
    10  (a), must reject a steel product from a company incorporated in
    11  this Commonwealth and must, as a result, authorize the supply of
    12  the steel product from a company located in another state.
    13     Section 2.  This act shall take effect in 60 days.












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