PRINTER'S NO. 483
No. 419 Session of 2007
INTRODUCED BY CLYMER, ARGALL, BAKER, BARRAR, BASTIAN, BELFANTI, BUXTON, CALTAGIRONE, CAPPELLI, CASORIO, COHEN, COSTA, COX, CREIGHTON, DALEY, DeLUCA, DePASQUALE, DeWEESE, EVERETT, FABRIZIO, FAIRCHILD, FLECK, FREEMAN, GEIST, GEORGE, GINGRICH, GOODMAN, GRUCELA, HALUSKA, HARHAI, HENNESSEY, HERSHEY, HICKERNELL, JAMES, KAUFFMAN, M. KELLER, KILLION, KULA, LEVDANSKY, MANN, McILHATTAN, MELIO, MUNDY, NAILOR, D. O'BRIEN, O'NEILL, PALLONE, PAYNE, PETRARCA, PETRONE, PHILLIPS, PICKETT, PYLE, READSHAW, REED, REICHLEY, ROHRER, SANTONI, SAYLOR, SCAVELLO, SEIP, SHIMKUS, SOLOBAY, SONNEY, STABACK, STERN, R. STEVENSON, TRUE, WATSON, WOJNAROSKI, YOUNGBLOOD, PEIFER AND BOYD, FEBRUARY 13, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 13, 2007
AN ACT 1 To promote the general welfare and stimulate the economy of the 2 Commonwealth by requiring that all government agencies 3 purchase only flags manufactured in the United States; and 4 imposing a penalty. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Flag 9 Procurement Act. 10 Section 2. Legislative findings and declaration. 11 (1) It is hereby determined by the General Assembly 12 that: 13 (i) The production of flags provides jobs and family 14 incomes for residents of this Commonwealth.
1 (ii) It has, for many years, been the policy of the 2 Commonwealth to aid and support the development and 3 expansion of industry in this Commonwealth in order to 4 foster the economic well-being of the Commonwealth and 5 its people. 6 (iii) The economy and general welfare of the 7 Commonwealth and its people, as well as the economy and 8 general welfare of the of the United States, are related 9 to the preservation and development of the flag industry 10 in this Commonwealth and in the other states of the 11 United States. 12 (2) The General Assembly declares it to be the policy of 13 the Commonwealth and all government agencies should, at all 14 times, aid and promote the development of the flag industry 15 of the United States in order to stimulate and improve the 16 economic well-being of the Commonwealth and its people. 17 Section 3. Definitions. 18 The following words and phrases when used in this act shall 19 have the meanings given to them in this section unless the 20 context clearly indicates otherwise: 21 "Executive agency." The Governor and the departments, 22 boards, commissions, authorities and other officers and agencies 23 of the Commonwealth. The term does not include any court or 24 other officer or agency of the unified judicial system, the 25 General Assembly and its officers and agencies or any 26 independent agency or State-affiliated entity. 27 "Flag." Any of the following: 28 (1) The flag of the United States, as defined in 4 29 U.S.C. § 1 (relating to flag; stripes and stars on) and the 30 Executive orders entered in connection with that section, 20070H0419B0483 - 2 -
1 made of fabric, cloth or paper displayed from a staff or 2 flagpole or in a window. The term does not include a 3 depiction or emblem of the United States flag made of lights, 4 paint, roofing, siding, paving materials, flora or balloons 5 or any other similar building, landscaping or decorative 6 component. 7 (2) The flag of the Commonwealth, as described in 8 section 1 of the act of June 13, 1907 (P.L.560, No.373), 9 entitled "An act designating the official flag of the 10 Commonwealth of Pennsylvania, and describing the same; 11 providing for the carrying of such flag by the regiments of 12 the National Guard of Pennsylvania; authorizing the Secretary 13 of the Commonwealth to provide, and have deposited in the 14 office of Secretary of the Commonwealth, a model of said 15 flag, and making an appropriation therefor." 16 "Government agency." The General Assembly and its officers 17 and agencies, an executive agency, an independent agency or a 18 State-affiliated entity. 19 "Independent agency." Boards, commissions and other agencies 20 and officers of the Commonwealth that are not subject to the 21 policy supervision and control of the Governor. The term does 22 not include any State-affiliated entity, any court or other 23 officer or agency of the unified judicial system, the General 24 Assembly and its officers and agencies, any State-related 25 institution, political subdivision or any local, regional or 26 metropolitan transportation authority. 27 "Procure." To acquire by purchase, lease or rent. The term 28 does not include any rentals or leases where the term of the 29 rental or lease is less than one month. 30 "State-affiliated entity." A Commonwealth authority or a 20070H0419B0483 - 3 -
1 Commonwealth entity. The term includes the Pennsylvania Turnpike 2 Commission, the Pennsylvania Housing Finance Agency, the 3 Pennsylvania Municipal Retirement Board, the Pennsylvania 4 Infrastructure Investment Authority, the State Public School 5 Building Authority, the Pennsylvania Higher Educational 6 Facilities Authority and the State System of Higher Education. 7 The term does not include any court or other officer or agency 8 of the unified judicial system, the General Assembly and its 9 officers and agencies, any State-related institution, political 10 subdivision or any local, regional or metropolitan 11 transportation authority. 12 "State-related institution." The Pennsylvania State 13 University, the University of Pittsburgh, Lincoln University or 14 Temple University. 15 "United States." The United States of America and all 16 territory, continental or insular, subject to the jurisdiction 17 of the United States. 18 Section 4. Police powers. 19 This act shall be deemed to be an exercise of the police 20 powers of the Commonwealth for the protection of the health, 21 safety and general welfare of the people of this Commonwealth. 22 Section 5. Contract provisions. 23 (a) Flags to be manufactured in United States.--All 24 government agencies shall procure only flags that are 25 manufactured in the United States. A flag is manufactured in the 26 United States if a substantial majority of the principal 27 components are assembled into the final product in an assembly 28 plant in the United States. Contract documents for the 29 procurement of flags shall contain a provision that the flags 30 procured by the government agency shall be manufactured in the 20070H0419B0483 - 4 -
1 United States. 2 (b) Exception.--This section shall not apply where the head 3 of the government agency states in writing that it is 4 inconsistent with the public interest or that the cost is 5 unreasonable. 6 Section 6. Payment under contract and action to recover 7 unauthorized payments. 8 A government agency shall not authorize, provide for or make 9 a payment to a person under a contract containing the provisions 10 required by section 5 unless the government agency is satisfied 11 that the person has complied with the provisions. A payment made 12 to a person by a government agency that should not have been 13 made shall be recoverable directly from the supplier of the flag 14 who did not comply with section 5 by the government agency or 15 the Attorney General by appropriate legal action. Nothing in 16 this section shall authorize any government agency to initiate a 17 legal action independently of the Attorney General unless 18 otherwise authorized under the act of October 15, 1980 (P.L.950, 19 No.164), known as the Commonwealth Attorneys Act. 20 Section 7. Penalty. 21 In addition to the withholding of payments, any person who 22 willfully violates any of the provisions of this act may be 23 prohibited by any government agency from participation in 24 contracts awarded by the government agency for a period of five 25 years from the date of the determination that a violation has 26 occurred. 27 Section 8. Applicability. 28 This act shall apply to the purchase of flags or contracts 29 for the procurement of flags entered into on or after the 30 effective date of this section. 20070H0419B0483 - 5 -
1 Section 40. Repeals. 2 All acts and parts of acts are repealed insofar as they are 3 inconsistent with this act. 4 Section 41. Effective date. 5 This act shall take effect in 60 days. A9L62AJM/20070H0419B0483 - 6 -