AppendixAPPENDIX TO TITLE 25 ELECTIONS

-------

Supplementary Provisions of Amendatory Statutes

-------

2002, JANUARY 31, P.L.18, No.3

§ 2.  Establishment and implementation of SURE system.

The Secretary of the Commonwealth shall promulgate regulations to establish and implement the SURE system in accordance with 25 Pa.C.S. § 1222 and to implement 25 Pa.C.S. Pt. IV. The promulgation of regulations under this section shall be exempt from:

(1)  Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(2)  The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

Applicability.  Section 20 of Act 150 of 2002 provided that section 201 of the act of July 31, 1968 (P.L.769, No.240), shall not apply to regulations under section 2.

Explanatory Note.  Act 3 added Parts II, IV and IX of Title 25.

§ 3.  Application of provisions relating to SURE system.

The following apply:

(1)  The provisions of 62 Pa.C.S. shall apply to the development, establishment and implementation of the Statewide Uniform Registry of Electors (SURE) system required by 25 Pa.C.S. Ch. 12 Subch. B except as provided in this section.

(2)  If a bidder or offeror, a prospective bidder or offeror or a prospective contractor is aggrieved in connection with the solicitation or award of the contract, he may protest to the head of the purchasing agency in writing.

(3)  If the protestant is a bidder or offeror or a prospective contractor, the protest shall be filed with the head of the purchasing agency within seven days after the aggrieved bidder or offeror or prospective contractor knew or should have known of the facts giving rise to the protest, except that in no event may a protest be filed later than seven days after the date the contract was awarded. If the protestant is a prospective bidder or offeror, a protest shall be filed with the head of the purchasing agency prior to the bid opening time or the proposal receipt date. If a bidder or offeror, a prospective bidder or offeror or a prospective contractor fails to file a protest or files an untimely protest, the bidder or offeror, the prospective bidder or offeror or the prospective contractor shall be deemed to have waived its right to protest the solicitation or award of the contract in any forum. Untimely filed protests shall be disregarded by the purchasing agency.

(4)  A protest shall state all grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest.

(5)  Within 15 days of receipt of a protest, the contracting officer may submit to the head of the purchasing agency and the protestant a response to the protest, including any documents or information he deems relevant to the protest. The protestant may file a reply to the response within ten days of the date of the response.

(6)  The head of the purchasing agency or his designee shall review the protest and any response or reply and may request and review such additional documents or information he deems necessary to render a decision and may, at his sole discretion, conduct a hearing. The head of the purchasing agency or his designee shall provide to the protestant and the contracting officer a reasonable opportunity to review and address any additional documents or information deemed necessary by the head of the purchasing agency or his designee to render a decision.

(7)  Upon completing an evaluation of the protest in accordance with paragraph (6), the head of the purchasing agency or his designee shall issue a written determination stating the reasons for the decision. The determination shall be issued within 60 days of the receipt of the protest unless extended by consent of the head of the purchasing agency and the protestant. The determination shall be the final order of the purchasing agency. If the head of the purchasing agency or his designee determines that the solicitation or award of the contract was contrary to law, he may enter an order authorized by 62 Pa.C.S. Ch. 17 Subch. D.

(8)  Within 15 days of the mailing date of a final determination denying a protest, a protestant may file an appeal with the Commonwealth Court. Issues not raised by the protestant before the purchasing agency are deemed waived and may not be raised before the court.

(9)  The record of determination for review by the court shall consist of the solicitation or award; the contract, if any; the protest and any response, reply or any additional documents or information considered by the head of the purchasing agency or his designee; the hearing transcript and exhibits, if any; and the final determination.

(10)  The court shall hear the appeal without a jury on the record of determination certified by the purchasing agency. The court shall affirm the determination of the purchasing agency unless it finds from the record that the determination is arbitrary and capricious, an abuse of discretion or is contrary to law.

(11)  If the determination is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706, provided that, if the court determines that the solicitation or award of the contract is contrary to law, then the remedy the court shall order is limited to canceling the solicitation or award and declaring void any resulting contract.

(12)  In the event a protest is filed timely under this section and until the time has elapsed for the protestant to file a petition for review in Commonwealth Court, the purchasing agency may elect not to proceed further with the solicitation or with the award of the contract.

(13)  This section shall be the exclusive procedure for protesting a solicitation or award of the contract by a bidder or offeror, a prospective bidder or offeror or a prospective contractor that is aggrieved in connection with the solicitation or award of the contract. The provisions of 2 Pa.C.S. shall not apply to this section.

§ 4.  Expiration.

Section 2 of this act shall expire on December 31, 2002.

§ 6.  Continuation of Pennsylvania Voter Registration Act.

The addition of 25 Pa.C.S. Pt. IV and 25 Pa.C.S. § 3302 shall be deemed a continuation of the act of June 30, 1995 (P.L.170, No.25), known as the Pennsylvania Voter Registration Act. The following apply:

(1)  Except as set forth in paragraph (2), any difference in language or organization of sections between 25 Pa.C.S. Pt. IV and 25 Pa.C.S. § 3302 and the Pennsylvania Voter Registration Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Pennsylvania Voter Registration Act.

(2)  Paragraph (1) does not apply to any of the following:

(i)  The addition of the definitions of "district register," "general register," "qualified elector," "registrant," "registration records" and "Statewide Uniform Registry of Electors" in 25 Pa.C.S. § 1102.

(ii)  The addition of 25 Pa.C.S. §§:

(A)  1201, 1203(a), (h), (k) and (l), 1222 and 1223;

(B)  1301(a), 1322(a) and (b), 1323(a), (b) and (c), 1324, 1326, 1327(a), 1328 and 1328.1;

(C)  1401, 1402, 1403, 1404 and 1405;

(D)  1501, 1502, 1503 and 1514;

(E)  1602(a);

(F)  1702, 1705, 1707(a), 1709, 1711 and 1712;

(G)  1801, 1803 and 1804; and

(H)  1901, 1902 and 1904.

(iii)  The repeal of section 321 of the Pennsylvania Voter Registration Act.