Pennsylvania 2019-2020 Regular Session Status: Died 13 R cosponsors

HB 163 — An Act repealing the act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act, and making related repeals.

Last action — Laid on the table

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

158 added · 210 removed

Plain-language change summary

The recent amendment to Bill HB 163 updates the definition of "design/build contract" in Pennsylvania's procurement laws. The original text provided specific wording that outlined the contractor's responsibilities in these contracts, but this has now been removed, potentially allowing for a broader interpretation of what constitutes a design/build contract. This change may simplify the legal framework around these contracts, making it easier for public entities to enter into agreements for construction projects. It’s important as it can influence how public projects are planned and delivered, potentially impacting costs and efficiency.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
137 PRINTER'S NO.
137 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2190 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
KELLER, FRITZ, SAYLOR, RADER, ROTHMAN, COX, WHEELAND, PICKETT, GAINEY, BROWN, TOOHIL, MILLARD AND TOBASH, JANUARY 28, 2019 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 19, 2019 AN ACT AmeStatutes, in general provisions, further providing forlidated <-- definitions;
KELLER, FRITZ, SAYLOR, RADER, ROTHMAN, COX AND WHEELAND, JANUARY 28, 2019 REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2019 AN ACT Amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions;
in procurement organization, further providing for specific construction powers, duties and procedures;
in procurement organization, further providing procurement of construction and design professional services, further providing for procurement of design professional services;
in procurement of construction and design professional services, further providing for procurement of design professional services;
REPEALING 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," AND MAKING RELATED REPEALS.
The definition of "design/build contract" in <-- section 103 of Title 62 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a definition to read:
The definition of "design/build contract" in section 103 of Title 62 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding a definition to read:
[The department may, as an alternative, enter into a design/build contract in accordance with section 511 20190HB0163PN2190 - 2 - (relating to methods of source selection).
[The department may, as an alternative, enter into a design/build contract in accordance with section 511 (relating to methods of source selection).
Such design/build contracts shall be subject to the requirements of this act and the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.
Such design/build contracts shall be subject to the requirements of this act and the provisions of the act of August 15, 1961 (P.L.987, 20190HB0163PN0137 - 2 - No.442), known as the Pennsylvania Prevailing Wage Act.
All projects equal to or exceeding $25,000 shall be subject to [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 20190HB0163PN2190 - 3 - buildings."] Chapter 32.
All projects equal to or exceeding $25,000 shall be subject to [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."] Chapter 32.
Whenever the department enters into a single contract for a project, in the absence of good and sufficient reasons the contractor shall pay each subcontractor, within 15 days of receipt of payment from the department, an amount equal to the percentage of completion allowed to the contractor on the account of the subcontractor's work.
Whenever the department enters into a single contract for a project, in the absence of good and sufficient reasons the contractor shall pay each 20190HB0163PN0137 - 3 - subcontractor, within 15 days of receipt of payment from the department, an amount equal to the percentage of completion allowed to the contractor on the account of the subcontractor's work.
"Construction management at-risk." A project delivery method by which a person provides construction management services throughout the preconstruction and construction phases and which 20190HB0163PN2190 - 4 - guarantees the cost of the project.
"Construction management at-risk." A project delivery method by which a person provides construction management services throughout the preconstruction and construction phases and which guarantees the cost of the project.
"Design-bid-build with multiple prime contractors." A project delivery method by which a government agency or a State- related institution contracts for architectural and engineering design professional services and construction services under separate agreements.
"Design-bid-build with multiple prime contractors." A project delivery method by which a government agency or a State- 20190HB0163PN0137 - 4 - related institution contracts for architectural and engineering design professional services and construction services under separate agreements.
(b) Steel Products Procurement Act.--A contract awarded under this section shall comply with the act of March 3, 1978 20190HB0163PN2190 - 5 - (P.L.6, No.3), known as the Steel Products Procurement Act.
(b) Steel Products Procurement Act.--A contract awarded under this section shall comply with the act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act.
(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the amendment or addition of 62 Pa.C.S.
(1) The General Assembly declares that the repeal under 20190HB0163PN0137 - 5 - paragraph (2) is necessary to effectuate the amendment or addition of 62 Pa.C.S.
SECTION 1.
20190HB0163PN0137 - 6 -
THE ACT OF MAY 1, 1913 (P.L.155, NO.104), <-- REFERRED TO AS THE SEPARATIONS ACT, IS REPEALED:
[AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS.
SECTION 1.
BE IT ENACTED, &C., THAT HEREAFTER IN THE PREPARATION OF SPECIFICATIONS FOR THE ERECTION, CONSTRUCTION, AND ALTERATION OF ANY PUBLIC BUILDING, WHEN THE ENTIRE COST OF SUCH WORK SHALL EXCEED FOUR THOUSAND DOLLARS, IT SHALL BE THE 20190HB0163PN2190 - 6 - DUTY OF THE ARCHITECT, ENGINEER, OR OTHER PERSON PREPARING SUCH SPECIFICATIONS, TO PREPARE SEPARATE SPECIFICATIONS FOR THE PLUMBING, HEATING, VENTILATING, AND ELECTRICAL WORK;
AND IT SHALL BE THE DUTY OF THE PERSON OR PERSONS AUTHORIZED TO ENTER INTO CONTRACTS FOR THE ERECTION, CONSTRUCTION, OR ALTERATION OF SUCH PUBLIC BUILDINGS TO RECEIVE SEPARATE BIDS UPON EACH OF THE SAID BRANCHES OF WORK, AND TO AWARD THE CONTRACT FOR THE SAME TO THE LOWEST RESPONSIBLE BIDDER FOR EACH OF SAID BRANCHES.
EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS SHALL COMPLY WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE "STEEL PRODUCTS PROCUREMENT ACT." SECTION 2.
ALL ACTS OR PARTS OF ACTS INCONSISTENT HEREWITH ARE HEREBY REPEALED.] SECTION 2.
THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED:
(1) SECTION 1805 OF THE ACT OF JUNE 24, 1931 (P.L.1206, NO.331), KNOWN AS THE FIRST CLASS TOWNSHIP CODE.
(2) SECTION 3107 OF THE ACT OF MAY 1, 1933 (P.L.103, NO.69), KNOWN AS THE SECOND CLASS TOWNSHIP CODE.
(3) SECTION 751 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
(4) SECTION 5 OF THE ACT OF MAY 27, 1953 (P.L.244, NO.34), ENTITLED "AN ACT RELATING TO AND REGULATING THE CONTRACTS OF INCORPORATED TOWNS AND PROVIDING PENALTIES." (5) SECTION 2517 OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY CODE.
(6) SECTION 2317 OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE.
(7) THE PROVISIONS OF 8 PA.C.S.
§ 1405.
20190HB0163PN2190 - 7 - (8) THE PROVISIONS OF 11 PA.C.S.
§ 11909.
SECTION 3.
CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE SEPARATIONS ACT ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104), REFERRED TO AS THE SEPARATIONS ACT.
SECTION 4.
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
20190HB0163PN2190 - 8 -
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Amendments

1 amendment

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Action History

  1. Laid on the table

  2. Removed from table

  3. Laid on the table

  4. Re-reported as committed

  5. Re-committed to RULES

  6. First consideration

  7. PN 2190 Reported as amended

  8. PN 0137 Referred to STATE GOVERNMENT

Sponsors

Sponsorship breakdown

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1 sponsors · 23 co-sponsors · 229 not signed on

Sponsors (1)

  • Everett

Co-sponsors (23)

Not signed on (229)

229 members have not signed on to this bill.

Show all 229 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 163?
HB 163 is sponsored by Milou Mackenzie (Republican), R. Lee James (Republican), Everett, Russ Diamond (Republican), Ryan, Rob W. Kauffman (Republican), Aaron Bernstine (Republican), Dawn W. Keefer (Republican), Clint Owlett (Republican), Rich Irvin (Republican), David H. Zimmerman (Republican), F. Keller, Jonathan Fritz (Republican), Saylor, Jack Rader (Republican), Greg Rothman (Republican), Cox, Wheeland, Tina Pickett (Republican), Gainey, Brown, Toohil, Millard, and Tobash.
What is the current status of HB 163?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 163?
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