Bill Text: PA HB2092 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for powers of an authority; and providing for contracts to promote participation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-19 - Referred to LOCAL GOVERNMENT [HB2092 Detail]

Download: Pennsylvania-2011-HB2092-Introduced.html

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PRINTER'S NO. 2916
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2092 Session of2011
INTRODUCED BY WHEATLEY, DePASQUALE, HORNAMAN, MURPHY AND PAYTON, DECEMBER 19, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011
AN ACT
Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
amended, "An act to promote public health, safety, morals,
and welfare by declaring the necessity of creating public
bodies, corporate and politic, to be known as housing
authorities to engage in slum clearance, and to undertake
projects, to provide dwelling accommodations for persons of
low income; providing for the organization of such housing
authorities; defining their powers and duties; providing for
the exercise of such powers, including the acquisition of
property by purchase, gift or eminent domain, the renting and
selling of property, and including borrowing money, issuing
bonds, and other obligations, and giving security therefor;
prescribing the remedies of obligees of housing authorities;
authorizing housing authorities to enter into agreements,
including agreements with the United States, the
Commonwealth, and political subdivisions and municipalities
thereof; defining the application of zoning, sanitary, and
building laws and regulations to projects built or maintained
by such housing authorities; exempting the property and
securities of such housing authorities from taxation; and
imposing duties and conferring powers upon the State Planning
Board, and certain other State officers and departments,"
further providing for powers of an authority; and providing
for contracts to promote participation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 10 of the act of May 28, 1937 (P.L.955,
No.265), known as the Housing Authorities Law, is amended by
adding a clause to read:
Section 10. Powers of an Authority.--An Authority shall
constitute a public body, corporate and politic, exercising
public powers of the Commonwealth as an agency thereof, which
powers shall include all powers necessary or appropriate to
carry out and effectuate the purpose and provisions of this act,
including the following powers, in addition to others herein
granted:
* * *
(e.1) To develop, adopt and implement binding policies or
guidelines to ensure that all persons are accorded equal
opportunity in employment and contracting associated with
housing projects. This clause shall apply to an Authority's
contractors, subcontractors, assignees, lessees, agents, vendors
and suppliers.
* * *
Section 2. The act is amended by adding a section to read:
Section 11.2. Contracts to Promote Participation.--(a) An
Authority shall develop, adopt, and implement binding policies
or guidelines to ensure that all persons are accorded equal
opportunity in contracting and subcontracting associated with
any construction, erection, installation, completion,
alteration, repair of or addition to any project or other work
subject to the control of any Authority in accordance with
section 11.
(b) Every contract for or on behalf of an Authority for the
construction, erection, installation, completion, alteration,
repair of or addition to any project or other work subject to
the control of any Authority shall contain provisions by which
the contractor agrees to promote, increase and sustain
contracting and subcontracting opportunities for disadvantaged
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businesses.
(c) This section shall apply to:
(1) Any contract for or on behalf of an Authority which is
subject to advertisement and competitive bidding.
(2) Any written or telephonic price quotation which requires
advertisement and competitive bidding in accordance with the
requirements of this act. Records of written price quotations,
telephonic price quotations and memoranda shall be retained for
a period of three years.
(3) All Authority contractors, subcontractors, assignees,
lessees, agents, vendors and suppliers.
(4) Any disadvantaged business.
(d) The Authority may use the lists of certified minority-
owned, women-owned and veteran-owned business enterprises which
have been certified under the Department of General Services'
disadvantaged business program to compete for and participate in
the Authority's contracting process. The Department of General
Services shall cooperate with and assist an Authority in
carrying out the requirements of this subsection.
(e) For the purpose of this section, the following words and
phrases shall have the meaning given to them in this subsection
unless the context clearly indicates otherwise:
"Disadvantaged business." A small business which is owned or
controlled by a majority of persons, not limited to members of
minority groups, who:
(1) have been deprived of the opportunity to develop and
maintain a competitive position in the economy because of social
disadvantages; or
(2) are veterans, including service-disabled veterans.
"Service-disabled veteran." A veteran who possesses either
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an adjudication letter from the Department of Veterans Affairs
establishing a service-connected disability rating or a
disability determination from the Department of Defense.
"Small business." The term shall have the meaning given to
it in 62 Pa.C.S. § 2102 (relating to definitions).
"Veteran." An individual who:
(1) served in the active United States military in any of
the four current branches and all previous branches, including a
reserve component or the National Guard;
(2) was released or discharged from active military service
under conditions other than dishonorable; and
(3) possesses a certificate of release or discharge from
active duty.
Section 3. This act shall take effect in 60 days.
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