SENATE AMENDED
PRIOR PRINTER'S NOS. 2995, 3413, 3668 PRINTER'S NO. 3717
No. 2304 Session of 1982
INTRODUCED BY BRANDT, MARCH 2, 1982
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 15, 1982
AN ACT <--
A SUPPLEMENT <--
1 Providing for the establishment and maintenance of a center to <--
2 provide ambulatory and inpatient services for the diagnosis,
3 evaluation, treatment and rehabilitation of persons who have
4 physical or neuro-developmental disabilities; providing for
5 the transfer from the Commonwealth to the Pennsylvania State
6 University of the functions and operations of the
7 Elizabethtown Hospital for Children and Youth; making an
8 appropriation to support the operation of the center;
9 authorizing a capital budget project, to be constructed by
10 the Department of General Services together with its
11 estimated financial cost; authorizing the incurring of debt
12 without the approval of the electors for the purpose of
13 financing the project to be constructed by the Department of
14 General Services, and making an appropriation to defray the
15 cost of the capital budget project.
16 TO THE ACT OF JULY 1, 1981 (P.L.142, NO.47), ENTITLED "AN ACT <--
17 PROVIDING FOR THE CAPITAL BUDGET FOR THE FISCAL YEAR 1981-
18 1982," ITEMIZING PUBLIC IMPROVEMENT AND FURNITURE AND
19 EQUIPMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
20 DEPARTMENT OF GENERAL SERVICES TOGETHER WITH THEIR ESTIMATED
21 FINANCIAL COST; AUTHORIZING THE INCURRING OF DEBT WITHOUT THE
22 APPROVAL OF THE ELECTORS FOR THE PURPOSE OF FINANCING THE
23 PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE DEPARTMENT OF
24 GENERAL SERVICES, STATING THE ESTIMATED USEFUL LIFE OF THE
25 PROJECTS, REPEALING PROJECTS AND MAKING APPROPRIATIONS. <--
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Effective July 1, 1982, a center is hereby <--
1 established to be managed and controlled by the Pennsylvania
2 State University to provide comprehensive diagnostic and
3 treatment services for persons with physical and neuro-
4 developmental disabilities amenable to medical, surgical and
5 rehabilitative treatment.
6 Section 2. The entire management and control of the affairs
7 of the center, including, without limitation, services,
8 administration, finances and personnel, is hereby vested in the
9 Pennsylvania State University, which may exercise with respect
10 to the center all of the powers and franchises vested by law in
11 the university. The Pennsylvania State University shall, to the
12 extent financially feasible, provide a reasonable volume of
13 services to persons unable to pay therefor.
14 Section 3. Effective July 1, 1982, the functions and
15 operation of the Commonwealth of Pennsylvania at the
16 Elizabethtown Hospital for Children and Youth are hereby
17 transferred to the Pennsylvania State University to be performed
18 as a part of the functions and operations of the center
19 established in section 1.
20 Section 4. All allocations, appropriations, agreements (not
21 including collective bargaining agreements) to the extent
22 assignable, leases and personal property of every nature of the
23 Commonwealth which are used, employed or expended in connection
24 with its duties, powers or functions relating to the
25 Elizabethtown Hospital for Children and Youth are hereby
26 transferred to the Pennsylvania State University. All moneys
27 received by the university for services rendered by the
28 Commonwealth at the Elizabethtown Hospital for Children and
29 Youth prior to July 1, 1982, shall be remitted to the
30 Commonwealth and all accounts payable arising from operations
19820H2304B3717 - 2 -
1 prior to July 1, 1982, shall be paid by the Commonwealth.
2 Nothing contained herein shall impose upon the university any
3 obligation, claim, demand or cause of action against the
4 Commonwealth arising out of or in connection with the operation
5 of the Elizabethtown Hospital for Children and Youth by the
6 Commonwealth.
7 Section 5. (a) The Department of General Services, with
8 approval as provided by law, is hereby authorized on behalf of
9 the Commonwealth of Pennsylvania to lease for $1 to the
10 Pennsylvania State University the remaining tracts of land as a
11 unit, together with the improvements situate thereon, known as
12 the Elizabethtown Hospital for Children and Youth, situate in
13 the Township of Mount Joy, Lancaster County, in the Commonwealth
14 of Pennsylvania:
15 All those four certain tracts of land situate in the Township
16 of Mount Joy, Lancaster County, Pennsylvania, acquired by the
17 Commonwealth of Pennsylvania under and by virtue of the act of
18 May 14, 1925 (P.L.749, No.408), entitled, as amended, "An act
19 providing for the establishing and maintenance of a State
20 hospital and center to provide ambulatory and inpatient services
21 for the diagnosis, evaluation, treatment and rehabilitation of
22 children and youth under age twenty-one who have physical or
23 neuro-developmental disabilities; and making an appropriation,"
24 containing on the north side of Pennsylvania Route 230, 253.55
25 acres, more or less, including parts thereof conveyed to the
26 General State Authority and subject to the limitations on same
27 totaling 3.828 acres for Projects No. GSA 304-1, 2, 3, 4, 5, 6,
28 in the Main Hospital Complex.
29 Excepting thereout and therefrom three tracts of surplus land
30 with buildings thereon submitted under Article XXIV-A of the act
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1 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
2 Code of 1929," for sale or disposition, No. 1 containing 9 acres
3 and buildings on both sides of Cassell Road; No. 2 containing a
4 lot, a residence and garage; No. 3 containing the
5 Superintendent's Residence and the surrounding land.
6 (b) The lease shall contain a provision to the effect that
7 the term thereof shall end not later than the date that the
8 university informs the Department of General Services that the
9 leased premises will no longer be in use to perform the
10 functions and operations of the Elizabethtown Hospital for
11 Children and Youth.
12 Section 6. The Commonwealth of Pennsylvania hereby pledges
13 its financial support to the Pennsylvania State University for
14 the operation of the center at the Elizabethtown Hospital for
15 Children and Youth until the termination of the lease, as
16 provided in section 5 hereof. All employees of the Elizabethtown
17 Hospital for Children and Youth shall remain employees of the
18 Commonwealth until the termination of the lease. In the event
19 that the Commonwealth of Pennsylvania does not make annual
20 appropriations during the term of the lease to the university in
21 amounts not less than the amount appropriated for fiscal year
22 1981-1982 to the Department of Health for the operation of the
23 Elizabethtown Hospital for Children and Youth, such amounts to
24 escalate to reflect any annual increase in the General Fund
25 Budget of the Commonwealth, the university may reduce or
26 eliminate services of the center.
27 Section 7. (a) An additional capital budget project to be
28 SECTION 1. ITEMIZATION AND AUTHORIZATION OF PUBLIC <--
29 IMPROVEMENT PROJECTS.
30 ADDITIONAL CAPITAL BUDGET PROJECTS TO BE constructed by the
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1 Department of General Services, its successors or assigns, and
2 to be financed by the incurring of debt, is ARE hereby itemized, <--
3 together with the respective estimated financial cost and the
4 total additional amount authorized for the capital budget
5 project PROJECTS as follows: <--
6 A. Total Authorization.......................... $29,600,000 <--
7 $32,260,000 <--
8 $39,180,000 <--
9 B. Itemization of Capital Budget Project PROJECTS: <--
10 I. DEPARTMENT OF COMMERCE.................... $3,460,000 <--
11 (1) FOR THE DESIGN AND CONSTRUCTION OF A
12 FACILITY FOR RESEARCH AND DEVELOPMENT OF
13 METHODS OF COAL DESULFURIZATION. THE
14 FACILITY SHALL BE LOCATED AT A SITE TO BE
15 CHOSEN BY THE SECRETARY OF COMMERCE IN
16 CONSULTATION WITH THE PENNSYLVANIA SCIENCE
17 AND ENGINEERING FOUNDATION............... 3,460,000
18 (BASE CONSTRUCTION - $2,884,000;
19 DESIGN AND CONTINGENCIES - $576,000)
20 I II. Department of Education................ $29,600,000 <--
21 $32,260,000 <--
22 $35,720,000 <--
23 (a) The Pennsylvania State University, The
24 Milton S. Hershey Medical Center:
25 (1) Hospital addition, including a center
26 for rehabilitation, physical and neuro-
27 developmental disabilities............... $29,600,000
28 (Base Construction - $25,000,000;
29 Design and Contingencies - $4,600,000)
30 (2) HOSPITAL ADDITION, INCLUDING AN ADDITION <--
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1 OF ONE FLOOR OVER THE EXISTING TWO STORY
2 SOUTH WING OF THE HOSPITAL, IMMEDIATELY
3 ABOVE THE PRESENT ADULT PSYCHIATRY WING
4 TO ALLOW FOR A CHILD PSYCHIATRY UNIT
5 THE SAME SIZE AS THE ADULT PSYCHIATRY
6 UNIT..................................... $2,660,000
7 (3) CONSTRUCTION OF A MULTIPURPOSE BUILDING <--
8 TO HOUSE A GYMNASIUM, AUDITORIUM AND STUDY
9 FACILITIES AT THE WILKES-BARRE CAMPUS.... $3,460,000
10 (BASE CONSTRUCTION - $2,884,000;
11 DESIGN AND CONTINGENCIES - $576,000)
12 (b) The Governor, Auditor General and State Treasurer are <--
13 SECTION 2. DEBT AUTHORIZATION. <--
14 THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER ARE hereby
15 authorized and directed to borrow, from time to time, in
16 addition to any authorization heretofore or hereafter enacted,
17 on the credit of the Commonwealth, subject to the limitations
18 provided in the current capital budget, money not exceeding in
19 the aggregate the sum of $29,600,000 $32,260,000 $39,180,000 as <--
20 may be found necessary to carry out the construction of the
21 capital budget project PROJECTS specifically itemized in a <--
22 capital budget.
23 (c) The indebtedness herein authorized shall be incurred <--
24 SECTION 3. ISSUE OF BONDS. <--
25 THE INDEBTEDNESS HEREIN AUTHORIZED SHALL BE INCURRED from
26 time to time and shall be evidenced by one or more series of
27 general obligation bonds of the Commonwealth in such aggregate
28 principal amount for each series as the Governor, Auditor
29 General and State Treasurer shall determine, but the latest
30 stated maturity date shall not exceed 30 years from the date of
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1 the bond first issued for each such series.
2 SECTION 4. APPROPRIATION. <--
3 (d) (A) The net proceeds of the sale of the obligations <--
4 herein authorized is hereby appropriated from the Capital
5 Facilities Fund to the Department of General Services in the
6 maximum amount of $29,600,000 $32,260,000 $39,180,000 to be used <--
7 by it exclusively to defray the financial cost of the capital
8 budget project PROJECTS specifically itemized in a capital <--
9 budget. After reserving or paying the expenses of the sale of
10 the obligation, the State Treasurer shall pay out to the
11 Department of General Services the moneys as required and
12 certified by it to be legally due and payable.
13 (e) (B) Whenever as determined by the Department of General <--
14 Services the full estimated financial cost of the capital budget
15 project PROJECTS itemized in subsection (a) hereof SECTION 1 is <--
16 not necessary for the proper design or construction of the
17 project PROJECTS, the excess fund no longer required may be <--
18 allocated to increase the estimated cost of any one or more of
19 the public improvement projects specifically itemized in a
20 capital budget.
21 (f) In addition to those funds appropriated in subsection <--
22 (d),
23 SECTION 5. FEDERAL FUNDS. <--
24 IN ADDITION TO THOSE FUNDS APPROPRIATED IN SECTION 4, all
25 moneys received from the Federal Government for the construction
26 of the capital budget project PROJECTS specifically itemized <--
27 herein are also hereby appropriated for this project THESE <--
28 PROJECTS. Any Federal funds received for this project THESE <--
29 PROJECTS shall be used to offset State funds allocated for this <--
30 project THESE PROJECTS. <--
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1 Section 8. Upon completion of the capital budget project <--
2 SECTION 6. TRANSFER OF FUNCTIONS. <--
3 UPON COMPLETION OF THE CAPITAL BUDGET PROJECTS itemized in
4 subsection (a) hereof SECTION 1, the functions of the center <--
5 performed by the Pennsylvania State University at the
6 Elizabethtown Hospital for Children and Youth shall be
7 transferred to the capital budget project PROJECTS. <--
8 Section 9. (a) Section 2113, act of April 9, 1929, <--
9 (P.L.177, No.175), known as "The Administrative Code of 1929,"
10 is repealed.
11 (b) All other acts are hereby repealed insofar as they are
12 inconsistent herewith.
13 Section 10. This act shall take effect July 1, 1982, or if
14 enacted subsequent to that date, immediately.
15 SECTION 7. REPEAL. <--
16 PROJECTS (6), (7), (8), (9), (10), (11), (12), (13), (14) AND
17 (15) OF PARAGRAPH (P) OF SUBCLAUSE III OF CLAUSE B OF SECTION 1,
18 ACT OF DECEMBER 18, 1980 (P.L.1252, NO.228), ENTITLED "A
19 SUPPLEMENT TO THE ACT OF OCTOBER 6, 1980 (P.L.784, NO.145),
20 ENTITLED 'AN ACT PROVIDING FOR THE CAPITAL BUDGET FOR THE FISCAL
21 YEAR 1980-1981,' ITEMIZING PUBLIC IMPROVEMENT AND FURNITURE AND
22 EQUIPMENT PROJECTS, TO BE CONSTRUCTED BY THE DEPARTMENT OF
23 GENERAL SERVICES AND TRANSPORTATION ASSISTANCE PROJECTS TO BE
24 ACQUIRED OR CONSTRUCTED BY THE PENNSYLVANIA DEPARTMENT OF
25 TRANSPORTATION TOGETHER WITH THEIR ESTIMATED FINANCIAL COST;
26 AUTHORIZING THE INCURRING OF DEBT WITHOUT THE APPROVAL OF THE
27 ELECTORS FOR THE PURPOSE OF FINANCING THE PROJECTS TO BE
28 CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES OR DEPARTMENT
29 OF TRANSPORTATION, STATING THE ESTIMATED USEFUL LIFE OF THE
30 PROJECTS; PROVIDING FOR THE ADOPTION OF CAPITAL PROJECTS TO BE
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1 FINANCED FROM CURRENT REVENUES OF THE BOATING FUND AND THE FISH
2 FUND AND MAKING AN APPROPRIATION," ARE REPEALED.
3 SECTION 7 8. EFFECTIVE DATE. <--
4 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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