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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, AUMENT, BAKER, CLYMER, CUTLER, FLECK, GABLER, GRELL, GROVE, HARRIS, HICKERNELL, M. K. KELLER, KNOWLES, LAWRENCE, MAJOR, MILLARD, PEIFER, PICKETT, SCAVELLO, SCHRODER, SWANGER, TOBASH, TOEPEL AND TRUITT, NOVEMBER 18, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 18, 2011 |
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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 |
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1 | plumbing, heating and ventilating, or lighting systems, upon any |
2 | school building or upon any school property, or upon any |
3 | building or portion of a building leased under the provisions of |
4 | section 703.1, made by any school district, where the entire |
5 | cost, value, or amount of such construction, reconstruction, |
6 | repairs, maintenance or work, including labor and material, |
7 | shall exceed ten thousand dollars ($10,000), [shall] may be done |
8 | under a single contract or separate contracts to be entered into |
9 | by such school district with the lowest responsible bidder, upon |
10 | proper terms, after due public notice has been given asking for |
11 | competitive bids. Whenever a board of school directors shall |
12 | approve the use of a prefabricated unit, complete in itself, for |
13 | a school building or other proper structure to be erected upon |
14 | school property, the board of school directors may have prepared |
15 | appropriate specifications detailing the size and material |
16 | desired in a particular prefabricated unit, including all |
17 | utilities such as plumbing, heating and ventilating, and |
18 | electrical work, and may advertise for a single bid on all the |
19 | work and award the contract therefor to the lowest responsible |
20 | bidder: Provided, That if due to an emergency a school plant or |
21 | any part thereof becomes unusable competitive bids for repairs |
22 | or replacement may be solicited from at least three responsible |
23 | bidders, and upon the approval of any of these bids by the |
24 | Secretary of Education, the board of school directors may |
25 | proceed at once to make the necessary repairs or replacements in |
26 | accordance with the terms of said 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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