PRINTER'S NO. 548
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
490
Session of
2015
INTRODUCED BY COHEN, V. BROWN, CORBIN, D. COSTA, DeLUCA,
DIAMOND, FARINA, GODSHALL, HARHAI, MAHONEY, McNEILL, MURT,
READSHAW, ROZZI, STAATS, TALLMAN, THOMAS AND WATSON,
FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 17, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for flag procurement and
American-made product preference.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 528. Flag Procurement and American-made Product
Preference.--(a) A board of school directors and any school
under its jurisdiction 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 procurement of flags
shall contain a provision that the flags procured by the school
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
district shall be manufactured in the United States.
(b) When purchasing any products, a board of school
directors and any school under its jurisdiction shall give
preference to American-made products when they are similarly
priced and of similar value and similar usefulness.
(c) A board of school directors and any school under its
jurisdiction may not authorize, provide for or make a payment to
a person under a contract containing the provisions required by
subsection (a) or (b) unless the board of school directors or
any school under its jurisdiction is satisfied that the person
has complied with the provisions. If a board of school directors
or any school under its jurisdiction determines that a person
who supplied flags to the school district violated subsection
(a) or (b), the school district may recover from the person the
payment made by the school district for the flags.
(d) A person who willfully violates the provisions of this
section may be prohibited by the school district from
participation in contracts awarded by the school district 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 subsection (c).
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Flag" shall mean any of the following:
(1) The flag of the United States, as defined in 4 U.S.C. ยง
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
20150HB0490PN0548 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 " shall mean the United States of America and
all territory, continental or insular, subject to the
jurisdiction of the United States.
Section 2. The addition of section 528 of the act shall
apply to the procurement of flags or contracts for the
procurement of flags or other products under section 528 of the
act entered into on or after the effective date of this act.
Section 3. This act shall take effect in 60 days.
20150HB0490PN0548 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20