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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, BAKER, BENNINGHOFF, GEIST, GINGRICH, GROVE, HICKERNELL, M. KELLER, MILLER, MURT, PHILLIPS, RAPP, REICHLEY, ROCK, ROSS AND SWANGER, NOVEMBER 10, 2009 |
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| REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 10, 2009 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in grounds and buildings, further |
6 | providing for work to be done under contract let on bids and |
7 | exceptions; in charter schools, further providing for charter |
8 | school requirements; in education empowerment, further |
9 | providing for applicability; in Thaddeus Stevens College of |
10 | Technology, further providing for contracts for construction, |
11 | repair, renovation or maintenance; in State System of Higher |
12 | Education, further providing for project contracts; and |
13 | making a related repeal. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 751(a) of the act of March 10, 1949 |
17 | (P.L.30, No.14), known as the Public School Code of 1949, |
18 | amended May 4, 1990 (P.L.164, No.38), is amended and the section |
19 | is amended by adding a subsection to read: |
20 | Section 751. Work to be Done Under Contract Let on Bids; |
21 | Exception.--(a) All construction, reconstruction, repairs, |
22 | maintenance or work of any nature, including the introduction of |
23 | plumbing, heating and ventilating, or lighting systems, upon any |
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1 | school building or upon any school property, or upon any |
2 | building or portion of a building leased under the provisions of |
3 | section 703.1, made by any school district, where the entire |
4 | cost, value, or amount of such construction, reconstruction, |
5 | repairs, maintenance or work, including labor and material, |
6 | shall exceed ten thousand dollars ($10,000), [shall] may be done |
7 | under a single contract or separate contracts to be entered into |
8 | by such school district with the lowest responsible bidder, upon |
9 | proper terms, after due public notice has been given asking for |
10 | competitive bids. Whenever a board of school directors shall |
11 | approve the use of a prefabricated unit, complete in itself, for |
12 | a school building or other proper structure to be erected upon |
13 | school property, the board of school directors may have prepared |
14 | appropriate specifications detailing the size and material |
15 | desired in a particular prefabricated unit, including all |
16 | utilities such as plumbing, heating and ventilating, and |
17 | electrical work, and may advertise for a single bid on all the |
18 | work and award the contract therefor to the lowest responsible |
19 | bidder: Provided, That if due to an emergency a school plant or |
20 | any part thereof becomes unusable competitive bids for repairs |
21 | or replacement may be solicited from at least three responsible |
22 | bidders, and upon the approval of any of these bids by [the |
23 | Secretary of Education,] the board of school directors, the |
24 | school district may proceed at once to make the necessary |
25 | repairs or replacements in accordance with the terms of said |
26 | approved bid or bids. |
27 | * * * |
28 | (c.1) The act of May 1, 1913 (P.L.155, No.104), referred to |
29 | as the Separations Act, shall not apply to any person, entity, |
30 | contract or activity provided for by this section. |
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1 | * * * |
2 | Section 2. Section 1715-A(10) of the act, added June 19, |
3 | 1997 (P.L.225, No.22), is amended to read: |
4 | Section 1715-A. Charter School Requirements.--Charter |
5 | schools shall be required to comply with the following |
6 | provisions: |
7 | * * * |
8 | (10) Boards of trustees and contractors of charter schools |
9 | shall be subject to the following statutory requirements |
10 | governing construction projects and construction-related work: |
11 | (i) The following provisions of this act: |
12 | (A) Sections 751 and 751.1. |
13 | (B) Sections 756 and 757 insofar as they are consistent with |
14 | the act of December 20, 1967 (P.L.869, No.385), known as the |
15 | "Public Works Contractors' Bond Law of 1967." |
16 | [(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104), |
17 | entitled "An act regulating the letting of certain contracts for |
18 | the erection, construction, and alteration of public |
19 | buildings."] |
20 | (iii) The act of August 11, 1961 (P.L.987, No.442), known as |
21 | the "Pennsylvania Prevailing Wage Act." |
22 | (iv) The "Public Works Contractors' Bond Law of 1967." |
23 | (v) The act of March 3, 1978 (P.L.6, No.3), known as the |
24 | "Steel Products Procurement Act." |
25 | Boards of trustees and contractors of charter schools are not |
26 | subject to the requirements of the act of May 1, 1913 (P.L.155, |
27 | No.104), referred to as the Separations Act. |
28 | * * * |
29 | Section 3. Section 1715-B of the act, added May 10, 2000 |
30 | P.L.44, No.16), is amended to read: |
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1 | Section 1715-B. Applicability.--(a) Nothing in this article |
2 | shall be construed to supersede or abrogate the following: |
3 | (1) The provisions of sections 507, 691, 696 and 1125.1 as |
4 | they pertain to a city of the first class that is coterminous |
5 | with a school district of the first class or a school district |
6 | of the first class A. |
7 | (2) Sections 751, 751.1, 755, 756 and 757 to the extent that |
8 | these sections are not inconsistent with the act of December 20, |
9 | 1967 (P.L.869, No.385), known as the "Public Works Contractors' |
10 | Bond Law of 1967." |
11 | (3) [Section 1 of the act of May 1, 1913 (P.L.155, No.104), |
12 | entitled "An act regulating the letting of certain contracts for |
13 | the erection, construction, and alteration of public buildings," |
14 | the] The act of August 15, 1961 (P.L.987, No.442), known as the |
15 | "Pennsylvania Prevailing Wage Act," and the act of March 3, 1978 |
16 | (P.L.6, No.3), known as the "Steel Products Procurement Act." |
17 | (4) Nonpublic transportation as provided in section 1361. |
18 | (5) A requirement of Federal law. |
19 | (b) The act of May 1, 1913 (P.L.155, No.104), referred to as |
20 | the Separations Act, shall not apply to any person, entity, |
21 | contract or activity provided for by this article. |
22 | Section 4. Section 1913-B.1(e) of the act, added December 9, |
23 | 2002 (P.L.1472, No.187), is amended to read: |
24 | Section 1913-B.1. Contracts for Construction, Repair, |
25 | Renovation or Maintenance.--* * * |
26 | (e) Nothing in this section shall be construed as amending, |
27 | repealing or otherwise modifying the provisions of [the act of |
28 | May 1, 1913 (P.L.155, No.104), entitled "An act regulating the |
29 | letting of certain contracts for the erection, construction, and |
30 | alteration of public buildings," or] the act of August 15, 1961 |
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1 | (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage |
2 | Act." The act of May 1, 1913 (P.L.155, No.104), referred to as |
3 | the Separations Act, shall not apply to any person, entity, |
4 | contract or activity provided for by this article. |
5 | * * * |
6 | Section 5. Section 2003-A.1(e) of the act, amended July 11, |
7 | 1990 (P.L.424, No.103), is amended to read: |
8 | Section 2003-A.1. Project Contracts.--* * * |
9 | (e) Nothing in this section shall be construed as amending, |
10 | repealing or otherwise modifying the provisions of [the act of |
11 | May 1, 1913 (P.L.155, No.104), entitled "An act regulating the |
12 | letting of certain contracts for the erection, construction, and |
13 | alteration of public buildings," or] the act of August 15, 1961 |
14 | (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage |
15 | Act." The act of May 1, 1913 (P.L.155, No.104), referred to as |
16 | the Separations Act, shall not apply to any person, entity, |
17 | contract or activity provided for by this article. |
18 | * * * |
19 | Section 6. Repeals are as follows: |
20 | (1) The General Assembly declares that the repeal under |
21 | paragraph (2) is necessary to effectuate the purposes of this |
22 | act. |
23 | (2) The act of May 1, 1913 (P.L.155, No.104), referred |
24 | to as the Separations Act, is repealed insofar as it applies |
25 | to school entities. |
26 | (3) All other acts and parts of acts are repealed |
27 | insofar as they are inconsistent with this act. |
28 | Section 7. This act shall apply to contracts and purchases |
29 | advertised on or after January 1 of the year following the |
30 | effective date of this section. |
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1 | Section 8. This act shall take effect in 60 days. |
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