PRINTER'S NO. 1673
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1542
Session of
2021
INTRODUCED BY ZIMMERMAN, T. DAVIS, GREINER, ROZZI, HILL-EVANS,
MALONEY, JONES AND MILLARD, JUNE 3, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 3, 2021
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in powers and duties of
elected officials, further providing for powers of council
and providing for waiver.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1005(1) of Title 8 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1005. Powers of council.
The council shall have power:
(1) To, by motion, ordinance or resolution, create the
offices of and appoint a treasurer, a secretary, a solicitor,
[an engineer,] a street commissioner and other officers as it
deems necessary. Subject to section 1005.1 (relating to
waiver), the council shall also appoint, through a
competitive bid process, and determine the compensation of at
least two engineers. The treasurer and the secretary shall
not be members of council. A bank or bank and trust company
may be appointed as treasurer. All officers and employees
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appointed by the council, with the exception of those who
under this part or any other act are under civil service or
have a definite term of office, shall serve for an indefinite
term at the pleasure of the council.
* * *
Section 2. Title 8 is amended by adding a section to read:
§ 1005.1. Waiver.
(a) Waiver of requirement and certification form.--If the
council cannot obtain offers from qualified registered civil
engineers to fulfill the requirement under section 1005(1)
(relating to powers of council) to appoint at least two
engineers, the council may be relieved from the requirement by
completing a certification form, subject to the following:
(1) The council must complete the certification form
before the contract with the selected engineer is executed
and must maintain the form throughout the life of the
contract with the engineer.
(2) The certification form must be completed annually.
(3) A copy of the certification form must be filed with
the department.
(4) The department shall furnish the certification form,
which must:
(i) Require the council to disclose the methods and
dates of the public solicitation. For purposes of meeting
this requirement, the council shall advertise requests
for proposals and announce the solicitation at a public
meeting.
(ii) Require the council to disclose the number of
qualified bids received to the public solicitation.
(iii) Contain a statement that the information
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provided by the council is in compliance with 18 Pa.C.S.
§ 4904 (relating to unsworn falsification to
authorities).
(iv) Contain a statement that the department does
not have the discretion to deny waiver requests.
(b) Definitions.--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:
"Department." The Department of Labor and Industry of the
Commonwealth.
Section 3. This act shall take effect in 60 days.
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