PUBLIC FACILITIES CONCESSION REGULATION ACT - REPEALED — 1978 Pa. Act 315 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NO. 3552 PRINTER'S NO. 3580
INTRODUCED BY MR. CAPUTO, JUNE 28, 1978
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 11, 1978.
AN ACT
1 To promote the general welfare, to protect the public and to
2 encourage full and proper utilization of public facilities by
3 requiring that all public bodies include in all contracts
4 granting concessions, licenses, permits, or other rights to
5 sell, lease, contract for or otherwise make available for
6 consideration, goods or services to the public in any public
7 facility, provisions giving the public agency the right to
8 regulate the kinds, quality and prices of such goods and
9 services.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the "Public
14 Facilities Concession Regulation Act."
15 Section 2. Legislative findings.
16 It is hereby determined by the General Assembly of
17 Pennsylvania and declared as a matter of legislative findings
18 that:
19 (1) It is and has been the policy of the Commonwealth to
20 require and encourage public agencies to own and operate a
21 variety of public facilities for the conduct of public
1 business, and for the health, education, protection,
2 transportation, recreation, entertainment, and cultural
3 advancement of the people of the Commonwealth.
4 (2) It is and has been the policy of the Commonwealth to
5 promote the public welfare by permitting the operation,
6 within such public facilities, of various concessions to
7 provide goods and services to the public.
8 (3) Due to the nature, configuration and location of
9 many such public facilities, members of the public utilizing
10 the same must either patronize the concessionaires operating
11 therein or undergo great expense, inconvenience and hardship.
12 (4) The general welfare of the people of the
13 Commonwealth requires that concessionaires operating in
14 public facilities offer to the public goods and services of
15 good quality at reasonable prices.
16 The General Assembly therefore declares it to be the policy
17 of the Commonwealth of Pennsylvania that all public officers and
18 agencies should, at all times, make efforts to see that
19 concessionaires in public facilities provide goods and services
20 of high quality, at reasonable prices, in order to protect the
21 public and encourage use of such facilities.
22 Section 3. Act exercise of police power.
23 This act shall be deemed to be an exercise of the police
24 powers of the Commonwealth for the protection of the health,
25 safety and general welfare of the people of the Commonwealth.
26 Section 4. Definitions.
27 The following words and phrases when used in this act shall
28 have, unless the context clearly indicates otherwise, the
29 meanings given to them in this section:
30 "Public agency."
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1 (1) the Commonwealth and its departments, boards,
2 commissions and agencies;
3 (2) counties, cities, boroughs, townships, school
4 districts, and all other governmental units and districts;
5 (3) the State Public School Building Authority, the
6 State Highway and Bridge Authority, and any other authority
7 now in existence or hereafter created or organized by the
8 Commonwealth;
9 (4) all municipal or school or other authorities now in
10 existence or hereafter created or organized by any county,
11 city, borough, township or school district or combination
12 thereof; and
13 (5) any and all other public bodies, authorities,
14 officers, agencies or instrumentalities, whether exercising a
15 governmental or proprietary function.
16 "Public facility." Any building, airport, school, park,
17 hospital or other structure, grounds or place owned or operated
18 by a public agency, whether for governmental or proprietary use.
19 Section 5. Terms of contracts.
20 (a) Every public agency shall require that every contract
21 ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT, granting any <--
22 concession, license, permit or right to sell, lease, contract
23 for, or otherwise make available for consideration, goods or
24 services to the public in any public facility, contain
25 provisions giving the public agency the right to regulate the
26 kinds, quality and prices of such goods and services, upon such
27 terms and conditions as may be appropriate.
28 (b) This section is not intended to apply in any case where
29 the right to regulate price or quality is vested exclusively in
30 or has been preempted by the United States of America or any
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1 agency thereof or another public agency; nor shall it apply in
2 any case where the head of the public agency, in writing,
3 determines that the retention of the right to regulate is not
4 necessary to protect the general welfare.
5 Section 6. Construction.
6 This act is intended as remedial legislation designed to
7 promote the general welfare, protect the public, and encourage
8 full and proper use of public facilities, and each and every
9 provision hereof is intended to receive a liberal construction
10 such as will best effectuate those purposes, and no provision is
11 intended to receive a strict or limited construction.
12 Section 7. Certain rights preserved.
13 This act is not intended to limit or deny any other rights
14 heretofore enjoyed by any public agency.
15 Section 8. Repealer.
16 All acts or parts of acts are repealed insofar as they are
17 inconsistent herewith.
18 Section 9. Effective date.
19 This act shall take effect immediately. but shall not apply <--
20 to any contract entered into pursuant to an invitation for bids
21 or proposals issued on or before the effective date of this act.
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