PRINTER'S NO. 492
No. 450 Session of 1989
INTRODUCED BY GODSHALL, S. H. SMITH, COY, MRKONIC, TIGUE,
DISTLER, ROBBINS, GLADECK, MERRY, CIVERA, DEMPSEY, PHILLIPS,
NOYE, CARLSON, HERMAN, STABACK, ALLEN, HESS, FARGO, GEIST,
DeLUCA, NAHILL, JOHNSON, GIGLIOTTI, HALUSKA, REBER,
YANDRISEVITS, TRELLO, VROON, BUNT, McHALE, OLASZ, TRICH,
RAYMOND, CORNELL, WAMBACH, FLICK, VEON, McVERRY, G. SNYDER,
HECKLER AND MARSICO, FEBRUARY 14, 1989
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 14, 1989
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," restricting certain
5 persons from bidding on contracts.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2001 of the act of July 28, 1953
9 (P.L.723, No.230), known as the Second Class County Code, is
10 amended by adding subsections to read:
11 Section 2001. County Commissioners to Make Contracts.--The
12 County Commissioners may make contracts for lawful purposes and
13 for the purposes of carrying into execution the provisions of
14 this section and the laws of the Commonwealth.
15 * * *
16 (g) No person who or entity which, as a contractor or
17 subcontractor, supplied goods or services to a government or
1 government instrumentality and has been convicted of, or has
2 pleaded guilty or nolo contendere to, a Federal or State crime
3 involving fraud upon a government or a government
4 instrumentality for acts or omissions arising out of the
5 supplying of goods or services, and no entity in which that
6 person or entity has a substantial interest, may bid on a
7 contract for a period of three (3) years after such conviction
8 or plea. For purposes of this subsection, the following words
9 and phrases shall have the following meanings:
10 (1) "Crime" means any criminal act committed after the
11 effective date of this amendatory act for which the maximum
12 possible penalty exceeds a fine of three hundred dollars ($300)
13 or exceeds imprisonment for ninety (90) days.
14 (2) "Entity" means any association, corporation, limited
15 partnership, partnership, or other business or nonprofit
16 organization.
17 (3) "Fraud" includes, but is not limited to:
18 (i) A misrepresentation of a material fact that is not made
19 honestly and in good faith.
20 (ii) A promise, representation or prediction as to the
21 future that is not made honestly and in good faith.
22 (iii) An intentional failure to disclose a material fact.
23 (iv) A fictitious or pretended purchase or sale of a
24 security.
25 (v) The gaining, through the sale of a security, of an
26 underwriting or promotion fee or profit or a selling or managing
27 fee or profit that is so gross or exorbitant as to be
28 unconscionable, including a scheme, device or artifice to obtain
29 such a profit, fee or commission.
30 (vi) A scheme, device or artifice to defraud a prospective
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1 or actual customer, client or subscriber of securities, money or
2 property.
3 (4) "State" means the District of Columbia and any
4 possession, state, territory or trusteeship of the United
5 States.
6 (5) "Substantial interest" means serving as a director,
7 limited partner, officer, partner or proprietor, or owning more
8 than ten per centum (10%) of the number of shares of voting
9 stock or more than twenty per centum (20%) of the total number
10 of shares of stock.
11 (h) The county may require the following information to be
12 submitted with the bid: a sworn statement by the bidder and, if
13 the affiant is an entity, by every person or entity having a
14 substantial interest therein, listing all Federal and state
15 convictions of, and pleas of guilty or nolo contendere to, any
16 crime within three (3) years prior to the date of the statement,
17 said statement to be dated no more than one (1) week prior to
18 the date set for the opening of bids.
19 Section 2. This act shall take effect in 60 days.
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