Bill Text: PA HB2073 | 2009-2010 | Regular Session | Introduced

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Bill Title: In grounds and buildings, further providing for work to be done under contract let on bids and exceptions; in charter schools, further providing for charter school requirements; in education empowerment, further providing for applicability; in Thaddeus Stevens College of Technology, further providing for contracts for construction, repair, renovation or maintenance; in State System of Higher Education, further providing for project contracts; and making a related repeal.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2009-11-10 - Referred to EDUCATION [HB2073 Detail]

Download: Pennsylvania-2009-HB2073-Introduced.html

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PRINTER'S NO. 2878
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2073 Session of2009
INTRODUCED BY EVERETT, BAKER, BENNINGHOFF, GEIST, GINGRICH, GROVE, HICKERNELL, M. KELLER, MILLER, MURT, PHILLIPS, RAPP, REICHLEY, ROCK, ROSS AND SWANGER, NOVEMBER 10, 2009
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 10, 2009
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," in grounds and buildings, further
providing for work to be done under contract let on bids and
exceptions; in charter schools, further providing for charter
school requirements; in education empowerment, further
providing for applicability; in Thaddeus Stevens College of
Technology, further providing for contracts for construction,
repair, renovation or maintenance; in State System of Higher
Education, further providing for project contracts; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 751(a) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended May 4, 1990 (P.L.164, No.38), is amended and the section
is amended by adding a subsection to read:
Section 751. Work to be Done Under Contract Let on Bids;
Exception.--(a) All construction, reconstruction, repairs,
maintenance or work of any nature, including the introduction of
plumbing, heating and ventilating, or lighting systems, upon any
school building or upon any school property, or upon any
building or portion of a building leased under the provisions of
section 703.1, made by any school district, where the entire
cost, value, or amount of such construction, reconstruction,
repairs, maintenance or work, including labor and material,
shall exceed ten thousand dollars ($10,000), [shall] may be done
under a single contract or separate contracts to be entered into
by such school district with the lowest responsible bidder, upon
proper terms, after due public notice has been given asking for
competitive bids. Whenever a board of school directors shall
approve the use of a prefabricated unit, complete in itself, for
a school building or other proper structure to be erected upon
school property, the board of school directors may have prepared
appropriate specifications detailing the size and material
desired in a particular prefabricated unit, including all
utilities such as plumbing, heating and ventilating, and
electrical work, and may advertise for a single bid on all the
work and award the contract therefor to the lowest responsible
bidder: Provided, That if due to an emergency a school plant or
any part thereof becomes unusable competitive bids for repairs
or replacement may be solicited from at least three responsible
bidders, and upon the approval of any of these bids by [the
Secretary of Education,] the board of school directors, the
school district may proceed at once to make the necessary
repairs or replacements in accordance with the terms of said
approved bid or bids.
* * *
(c.1) The act of May 1, 1913 (P.L.155, No.104), referred to
as the Separations Act, shall not apply to any person, entity,
contract or activity provided for by this section.
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* * *
Section 2. Section 1715-A(10) of the act, added June 19,
1997 (P.L.225, No.22), is amended to read:
Section 1715-A. Charter School Requirements.--Charter
schools shall be required to comply with the following
provisions:
* * *
(10) Boards of trustees and contractors of charter schools
shall be subject to the following statutory requirements
governing construction projects and construction-related work:
(i) The following provisions of this act:
(A) Sections 751 and 751.1.
(B) Sections 756 and 757 insofar as they are consistent with
the act of December 20, 1967 (P.L.869, No.385), known as the
"Public Works Contractors' Bond Law of 1967."
[(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts for
the erection, construction, and alteration of public
buildings."]
(iii) The act of August 11, 1961 (P.L.987, No.442), known as
the "Pennsylvania Prevailing Wage Act."
(iv) The "Public Works Contractors' Bond Law of 1967."
(v) The act of March 3, 1978 (P.L.6, No.3), known as the
"Steel Products Procurement Act."
Boards of trustees and contractors of charter schools are not
subject to the requirements of the act of May 1, 1913 (P.L.155,
No.104), referred to as the Separations Act.
* * *
Section 3. Section 1715-B of the act, added May 10, 2000
P.L.44, No.16), is amended to read:
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Section 1715-B. Applicability.--(a) Nothing in this article
shall be construed to supersede or abrogate the following:
(1) The provisions of sections 507, 691, 696 and 1125.1 as
they pertain to a city of the first class that is coterminous
with a school district of the first class or a school district
of the first class A.
(2) Sections 751, 751.1, 755, 756 and 757 to the extent that
these sections are not inconsistent with the act of December 20,
1967 (P.L.869, No.385), known as the "Public Works Contractors'
Bond Law of 1967."
(3) [Section 1 of the act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts for
the erection, construction, and alteration of public buildings,"
the] The act of August 15, 1961 (P.L.987, No.442), known as the
"Pennsylvania Prevailing Wage Act," and the act of March 3, 1978
(P.L.6, No.3), known as the "Steel Products Procurement Act."
(4) Nonpublic transportation as provided in section 1361.
(5) A requirement of Federal law.
(b) The act of May 1, 1913 (P.L.155, No.104), referred to as
the Separations Act, shall not apply to any person, entity,
contract or activity provided for by this article.
Section 4. Section 1913-B.1(e) of the act, added December 9,
2002 (P.L.1472, No.187), is amended to read:
Section 1913-B.1. Contracts for Construction, Repair,
Renovation or Maintenance.--* * *
(e) Nothing in this section shall be construed as amending,
repealing or otherwise modifying the provisions of [the act of
May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
letting of certain contracts for the erection, construction, and
alteration of public buildings," or] the act of August 15, 1961
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(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
Act." The act of May 1, 1913 (P.L.155, No.104), referred to as
the Separations Act, shall not apply to any person, entity,
contract or activity provided for by this article.
* * *
Section 5. Section 2003-A.1(e) of the act, amended July 11,
1990 (P.L.424, No.103), is amended to read:
Section 2003-A.1. Project Contracts.--* * *
(e) Nothing in this section shall be construed as amending,
repealing or otherwise modifying the provisions of [the act of
May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
letting of certain contracts for the erection, construction, and
alteration of public buildings," or] the act of August 15, 1961
(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
Act." The act of May 1, 1913 (P.L.155, No.104), referred to as
the Separations Act, shall not apply to any person, entity,
contract or activity provided for by this article.
* * *
Section 6. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the purposes of this
act.
(2) The act of May 1, 1913 (P.L.155, No.104), referred
to as the Separations Act, is repealed insofar as it applies
to school entities.
(3) All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 7. This act shall apply to contracts and purchases
advertised on or after January 1 of the year following the
effective date of this section.
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Section 8. This act shall take effect in 60 days.
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