PRINTER'S NO. 2817
No. 2239 Session of 1991
INTRODUCED BY HAGARTY, RYAN, PITTS, BARLEY, FLICK, SCHULER,
GODSHALL, REBER, GLADECK, LANGTRY, M. N. WRIGHT, FARMER,
LAWLESS, BIRMELIN, S. H. SMITH, CORNELL, GALLEN, PERZEL, LEH,
FAIRCHILD, CLYMER, FREIND, E. Z. TAYLOR, FARGO, SAURMAN,
JOHNSON, VROON, BLACK, HARLEY AND D. W. SNYDER,
NOVEMBER 26, 1991
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 26, 1991
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," abolishing the State Board
21 for Certification of Sewage Treatment Plant and Waterworks
22 Operators; regulating the Energy Development Authority;
23 placing the Crime Victim's Compensation Board under the
24 Pennsylvania Commission on Crime and Delinquency; further
25 providing for compensation and expenses and for an executive
26 director; transferring the powers, duties and functions of
27 the Agriculture Lands Condemnation Approval Board to the
28 State Agricultural Land Preservation Board; limiting the use
29 of certain debt-incurred funds for administrative purposes;
30 providing for the transfer of the positive ending balance of
1 the General Fund to the Tax Stabilization Reserve Fund;
2 providing for a government management and costs study
3 commission; providing for privatization of governmental
4 functions; providing for duties of the Department of General
5 Services and other executive agencies; providing for reports
6 to the General Assembly; regulating private correctional
7 facilities; providing for contracts with, licensing of and
8 employee status for private correctional facilities; imposing
9 powers and duties on the Department of Corrections; providing
10 for enforcement and penalties; providing for the
11 privatization of youth centers and certain public
12 transportation services; and making repeals.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 306 of the act of April 9, 1929 (P.L.177,
16 No.175), known as The Administrative Code of 1929, is repealed.
17 Section 2. Section 471 of the act, amended November 1, 1979
18 (P.L.251, No.83), is amended to read:
19 Section 471. Environmental Quality Board.--The Environmental
20 Quality Board shall consist of the Secretary of Environmental
21 Resources, who shall be chairman thereof, the Secretary of
22 Health, the Secretary of Commerce, the Secretary of
23 Transportation, the Secretary of Agriculture, the Secretary of
24 Labor and Industry, the Secretary of Community Affairs, the
25 Executive Director of the Fish Commission, the Executive
26 Director of the Game Commission, the Chairman of the Public
27 Utilities Commission, the Executive Director of the State
28 Planning Board, the Executive Director of the Pennsylvania
29 Historical and Museum Commission, [five members of the Citizens
30 Advisory Council, and four members of the General Assembly. The
31 Citizens Advisory Council members shall be designated by, and
32 serve at the pleasure of, the Citizens Advisory Council. One of
33 the General Assembly members shall be designated by, and serve
34 at the pleasure of, the President Pro Tempore of the Senate, one
35 by the Minority Leader of the Senate, one by the Speaker of the
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1 House of Representatives and one by the Minority Leader of the
2 House of Representatives.] one member appointed by the Governor,
3 four citizen members appointed by the General Assembly and four
4 members of the General Assembly. One of the citizen members
5 shall be designated by, and serve at the pleasure of, the
6 President pro tempore of the Senate, one by the Minority Leader
7 of the Senate, one by the Speaker of the House of
8 Representatives and one by the Minority Leader of the House of
9 Representatives. The four members of the General Assembly shall
10 be the Majority Chairman and Minority Chairman of Environmental
11 Resources and Energy Committee of the Senate and the Majority
12 Chairman and Minority Chairman of the Conservation Committee of
13 the House of Representatives. In addition to the heads of the
14 various departments as elsewhere in this act provided, the other
15 members of the board may have named alternates to serve in their
16 stead, the alternates for the members of the board from the
17 Citizens Advisory Council to be selected by that council from
18 members of the council and each other alternate to be selected
19 by that particular member of the board in whose stead he is to
20 serve. No person will serve as alternate for more than one board
21 member.
22 Eight members of the board shall constitute a quorum.
23 Section 3. Section 473 of the act is repealed.
24 Section 4. Section 477.1(a) and (e) of the act, added July
25 9, 1976 (P.L.574, No.139), are amended to read:
26 Section 477.1. Crime Victim's Compensation Board.--(a)
27 There is hereby created [a departmental administrative board for
28 the administration of this act, which shall be known as the
29 Crime Victim's Compensation Board.] an administrative board
30 responsible to the Pennsylvania Commission on Crime and
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1 Delinquency, to be known as the Crime Victim's Compensation
2 Board. The board shall administer the crime victims'
3 compensation provisions of this act. Such board shall consist of
4 three members no more than two of whom shall belong to the same
5 political party, who shall be appointed by the Governor by and
6 with the consent of a majority of the Senate.
7 * * *
8 (e) [The members of the board shall devote their full time
9 and capacity to their duties.] The members of the board shall
10 [receive an annual starting salary of twenty-five thousand
11 dollars ($25,000). Thereafter they shall receive an annual
12 salary to be fixed by the Executive Board of the Commonwealth
13 within the amount made available by appropriation] be
14 compensated at a rate of one hundred twenty-five dollars ($125)
15 per day and receive reimbursement for their actual and necessary
16 expenses while performing the business of the board. The
17 chairman shall receive five hundred dollars ($500) additional
18 compensation per annum.
19 Section 5. Section 477.2 of the act is amended by adding a
20 subsection to read:
21 Section 477.2. Powers and Duties of Board.--The board shall
22 have the following powers and duties:
23 * * *
24 (m) To employ a director and a chief counsel. The director
25 shall be responsible for the administrative operation of the
26 board and shall perform such other duties as may be delegated or
27 assigned to him by the board. The director shall be supervised
28 by the Executive Director of the Pennsylvania Commission on
29 Crime and Delinquency. The chief counsel shall be the chief
30 legal officer of the board.
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1 Section 6. The act is amended by adding sections to read:
2 Section 530. Limitation on Utilization of Certain Funds.--
3 Commencing with the fiscal year July 1, 1991, to June 30, 1992,
4 and each fiscal year thereafter, no funds which are received
5 through the incurrence of debt for any period in excess of one
6 year shall be appropriated, authorized, allocated or used by any
7 independent or administrative department, board, agency,
8 authority or commission of the Commonwealth for any
9 administrative purposes.
10 Section 624. Transfer to Tax Stabilization Reserve Fund.--At
11 the close of the fiscal year 1990-1991, and each fiscal year
12 thereafter, the amount of any positive ending balance of the
13 General Fund shall, within ten days of the close of each fiscal
14 year, be transferred to the Tax Stabilization Reserve Fund. The
15 General Assembly hereby annually appropriates the positive
16 ending balance of the General Fund for the fiscal year 1990-1991
17 and for each fiscal year thereafter for transfers to the Tax
18 Stabilization Reserve Fund.
19 Section 625. Government Management and Costs Study
20 Commission.--(a) A government management and costs study
21 commission of leaders from the public and private sectors is
22 hereby formed to study State government operations in an effort
23 to propose changes which will:
24 (1) cut costs;
25 (2) increase efficiency;
26 (3) consolidate like functions;
27 (4) return functions to the private sector; and
28 (5) eliminate functions.
29 (b) The commission of leaders shall be comprised of fifteen
30 members consisting of four members to be appointed by the
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1 Governor, with at least two appointments being nongovernmental
2 representatives; three members to be appointed by the Majority
3 Leader of the Senate, two members to be appointed by the
4 Minority Leader of the Senate with at least one appointment from
5 each authority being a nongovernmental representative; three
6 members to be appointed by the Majority Leader of the House of
7 Representatives, two members to be appointed by the Minority
8 Leader of the House of Representatives with at least one
9 appointment from each authority being a nongovernmental
10 representative; and one member who shall serve as chairman to be
11 chosen by the majority vote of five appointing authorities.
12 (c) The commission of leaders shall make a report of its
13 findings and recommendations to the Governor and the appointing
14 authorities within one year of the formation of the commission.
15 (d) This section shall terminate and the commission shall
16 expire following submission of the report required by subsection
17 (c).
18 Section 1714. Farmland Preservation.--The Department of
19 Agriculture shall have the power, and its duty shall be:
20 (a) To institute and administer a Statewide program for the
21 purchase of conservation easements on land within agricultural
22 security areas, as determined by the act of June 30, 1981
23 (P.L.128, No.43), known as the "Agricultural Area Security Law";
24 (b) To encourage county participation in the funding of
25 conservation easement purchases and the creation of county
26 programs;
27 (c) To maintain a registry of lands preserved through the
28 acquisition of conservation easements;
29 (d) To incur indebtedness, or to secure funds for
30 conservation easement in any fashion permitted by law;
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1 (e) To explore alternative programs and methods for
2 preserving farmland resources.
3 Section 1715. State Agricultural Land Preservation Board.--
4 (a) The State Agricultural Land Preservation Board shall
5 exercise the powers and perform the duties imposed on it and on
6 the Agricultural Lands Condemnation Approval Board by the act of
7 June 30, 1981 (P.L.128, No.43), known as the "Agricultural Area
8 Security Law."
9 (b) Before condemning for any of the purposes set forth in
10 subsection (d) any agricultural lands, as classified by the
11 Agricultural Soil Conservation Service of the United States
12 Department of Agriculture, which lands are being used for
13 productive agricultural purposes, but not including the growing
14 of timber, the Commonwealth and any of its political
15 subdivisions, agencies or authorities shall require the State
16 Agricultural Land Preservation Board to determine that there is
17 no reasonable and prudent alternative to the utilization of such
18 lands for the project.
19 (c) The board shall have sixty days in which to determine
20 whether there is a feasible and prudent alternative to the
21 condemnation. If the board determines that there is no feasible
22 and prudent alternative, or if the board fails to act within
23 sixty days of receipt of the request, the requesting body may
24 proceed to condemn; otherwise, the condemnation shall not be
25 effected.
26 (d) The board shall have jurisdiction over condemnation for
27 the following purposes:
28 (1) Highway purposes, but not including activities relating
29 to existing highways such as, but not limited to, widening
30 roadways, the elimination of curves or reconstruction.
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1 (2) Disposal of solid or liquid waste material, but not
2 including underground pipes used to transport waste.
3 Section 7. Sections 1923-A and 1925-A of the act are
4 repealed.
5 Section 8. The act is amended by adding an article to read:
6 ARTICLE XXIV-B
7 GOVERNMENT PRIVATIZATION
8 (a) Privatization Generally
9 Section 2401-B. Short Title of Article.--This article shall
10 be known and may be cited as the "Pennsylvania Government
11 Privatization Act."
12 Section 2402-B. Declaration of Policy.--The General Assembly
13 finds and declares that the inherent rights of the citizens of
14 this Commonwealth, as protected by their Constitution, are best
15 fostered when State government is limited in its role to the
16 provision of services that are essential to government.
17 Government should not engage in activities that exceed its
18 appropriate responsibilities, nor should government engage in
19 activity in competition with private enterprise unless there is
20 an overriding public interest which is served by the provision
21 of a particular service by the government. The General Assembly
22 further finds and declares that:
23 (1) State government has expanded beyond its appropriate
24 scope of activity;
25 (2) this growth of State government activity has greatly
26 outpaced the ability of Commonwealth taxpayers to support it;
27 (3) the essential functions of State government are
28 competing for increasingly scarce resources;
29 (4) the tax burden on Commonwealth citizens can be
30 controlled and the level of State expenditures can be reduced
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1 through a process of defining and restructuring State
2 governmental activities and responsibilities; and
3 (5) a careful study and review of State government agencies
4 and activities is needed in order to determine which of their
5 objectives can be more appropriately and efficiently fulfilled
6 through alternative means.
7 Section 2403-B. Definitions.--The following words and
8 phrases when used in this article shall have the meanings given
9 to them in this section unless the context clearly indicates
10 otherwise:
11 "Activity" means an organized function of State government
12 undertaken by an agency as a result of a statute or regulation,
13 or by an order or directive of the Governor.
14 "Agency" means a department, authority, board, commission or
15 agency of the Commonwealth.
16 "Contracting" means the entering into agreements by the
17 Commonwealth with private enterprise for the provision of goods
18 or services.
19 "Divestiture" means the elimination, in whole or in part, of
20 a nonessential government activity, which includes any activity
21 that need not be performed by the Commonwealth and that can be
22 fully discharged and shed as a governmental activity.
23 "Franchise" means a form of contracting that gives monopoly
24 privileges to a private enterprise in order to provide a
25 government service in a given geographical area.
26 "Private enterprise" means an individual, firm, partnership,
27 joint venture, corporation, association or other legal entity
28 engaged in the manufacturing, processing, sale, offering for
29 sale, rental, leasing, delivery, dispensing, distributing or
30 advertising of goods or services for profit.
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1 "Privatize" means to act in concert with private enterprise
2 to reduce State government to essential activities through
3 contracting, grants and subsidies, franchises, asset sales or
4 divestiture.
5 Section 2404-B. Privatization Activity Report.--(a) The
6 Governor shall, within six months of the enactment of this
7 article, present to the General Assembly a report which
8 inventories current activities of Commonwealth agencies
9 involving contracts or franchises with private enterprise. In
10 subsequent years this report shall be presented in conjunction
11 with the Governor's annual budget presentation.
12 (b) The report shall contain, on an agency-by-agency basis,
13 a listing of all contracts for services provided by private
14 enterprises, including the name of the private enterprise, a
15 description of the service rendered, the contracted amount for
16 the service and the length of the contract.
17 Section 2405-B. Duties of Agencies.--Every department,
18 board, commission, authority or other State agency shall
19 promptly furnish such information as the Governor shall request
20 as to its activities in order to complete the inventory required
21 under section 2404-B.
22 Section 2406-B. Presumption.--In the absence of documentable
23 evidence to the contrary, an activity of a State agency which is
24 contained in section 2407-B shall be assumed to be a candidate
25 for privatization. It shall be the responsibility of the
26 Governor and the various departments and agencies of State
27 government to recommend to the General Assembly steps to
28 implement activities to reduce the size and functions of State
29 government.
30 Section 2407-B. Activities Subject to Contracting.--The
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1 following activities, to the extent that they are not already
2 privatized, shall be contracted, unless the Governor shows cause
3 why they should not be:
4 (1) General government operations (all agencies, as
5 applicable):
6 (i) building maintenance and custodial services;
7 (ii) data management;
8 (iii) printing and graphic services;
9 (iv) computer maintenance;
10 (v) building security (except the Capitol Complex);
11 (vi) transcript typing services;
12 (vii) courier services;
13 (viii) data collection;
14 (ix) office renovation and moving services;
15 (x) photographic services;
16 (xi) education programs;
17 (xii) technical consultants and technical assistance;
18 (xiii) claims adjusting;
19 (xiv) mail services;
20 (xv) workmen's compensation administration; and
21 (xvi) facility and property management.
22 (2) Department of Agriculture:
23 (i) egg inspections;
24 (ii) livestock grading; and
25 (iii) testing.
26 (3) Civil Service:
27 (i) testing;
28 (ii) training; and
29 (iii) arbitration.
30 (4) Department of Commerce:
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1 (i) advertising.
2 (5) Department of Corrections:
3 (i) medical and dental services;
4 (ii) drug treatment;
5 (iii) diagnostic testing;
6 (iv) inmate transportation;
7 (v) refuse removal;
8 (vi) pharmacy operations;
9 (vii) optometric services;
10 (viii) inmate education;
11 (ix) halfway houses;
12 (x) food and laundry services;
13 (xi) mental health services; and
14 (xii) vocational counseling.
15 (6) Department of Education:
16 (i) testing materials and analysis; and
17 (ii) bibliographic services.
18 (7) Department of Environmental Resources:
19 (i) laboratory testing services;
20 (ii) permit reviews;
21 (iii) hazardous waste cleanup;
22 (iv) laboratory analysis; and
23 (v) asbestos removal.
24 (8) Department of General Services:
25 (i) electrical services;
26 (ii) painting services;
27 (iii) landscaping and groundskeeping;
28 (iv) plumbing services;
29 (v) elevator maintenance and repair services;
30 (vi) heating and air conditioning mechanical maintenance and
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1 repair services;
2 (vii) land appraising and boundary surveying;
3 (viii) pest control;
4 (ix) snow removal; and
5 (x) fleet management and maintenance.
6 (9) Department of Health:
7 (i) drug and alcohol abuse programs;
8 (ii) AIDS programs;
9 (iii) environmental health programs;
10 (iv) lead poisoning programs;
11 (v) health facilities; and
12 (vi) research.
13 (10) Insurance Department:
14 (i) actuarial reviews.
15 (11) Department of Labor and Industry:
16 (i) vocational training;
17 (ii) job training; and
18 (iii) services for the disabled.
19 (12) Department of Public Welfare:
20 (i) mental health programs;
21 (ii) medical assistance;
22 (iii) health facilities;
23 (iv) welfare services;
24 (v) claims processing for medical assistance;
25 (vi) audits;
26 (vii) food stamp issuance; and
27 (viii) accreditation of life care facilities.
28 (13) Department of Revenue:
29 (i) debt collection.
30 (14) Department of State:
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1 (i) microfilming; and
2 (ii) professional examinations.
3 (15) Department of Transportation.
4 (i) highway maintenance;
5 (ii) design and planning;
6 (iii) highway construction; and
7 (iv) rest area maintenance.
8 Section 2408-B. Procedure.--(a) The Department of General
9 Services shall be responsible for overseeing the implementation
10 of this article. The department shall distribute to all
11 agencies, not later than ninety days after the effective date of
12 this article and not later than the first day of August of each
13 year thereafter, a request to compile information on activities
14 or functions which each agency has determined can be performed
15 by the private sector either by franchise, contract, divestiture
16 or other means determined to be the most effective to rid that
17 agency of a function.
18 (b) Agencies shall send to the Department of General
19 Services, not later than one hundred twenty days after the
20 effective date of this article and not later than the first day
21 of September of each year thereafter, completed annual
22 privatization surveys. These surveys shall include the results
23 of the analysis performed by each agency according to the
24 requirements established in section 2409-B.
25 (c) The Department of General Services shall be responsible
26 for compiling the results of these surveys and the preparation
27 of a report to be presented by the Governor to the General
28 Assembly in conjunction with the annual submission of the
29 budget.
30 Section 2409-B. Responsibilities of State Agencies.--(a)
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1 Every executive agency of State government under the control of
2 the Governor shall be responsible for analyzing the functions
3 performed by that agency to determine whether it is cost
4 effective for that agency to reduce or eliminate functions by
5 returning the delivery of these services to the private sector.
6 (b) In order to perform the analysis required under this
7 section, each agency shall be required to prepare requests for
8 proposals to be issued to the private sector which invite
9 private companies and individuals to indicate whether they have
10 the capability to perform a particular function and the amount
11 for which the bidder determines it can perform the service or
12 function.
13 (c) If the agency has a responsible bidder to perform a
14 function at a cost less than the cost currently paid by the
15 agency to perform the function as a State function, the agency
16 shall consider the function eligible for privatization. If the
17 bids for the service provision are greater than the cost of the
18 program as currently performed by the agency, the function shall
19 not be considered eligible for private contracting and the
20 agency shall make note of that fact in the response required
21 under section 2408-B.
22 (b) Private Correctional Facilities
23 Section 2421-B. Short Title of Subdivision.--This
24 subdivision shall be known and may be cited as the "Private
25 Correctional Facilities Act."
26 Section 2422-B. Declaration of Policy.--The General Assembly
27 finds and declares as follows:
28 (1) The incarceration of prisoners is primarily a government
29 function.
30 (2) The private sector, which has demonstrated an ability to
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1 provide government services in an efficient and innovative
2 manner, may serve a valuable role in helping the government
3 operate its corrections system.
4 (3) The private sector can best serve the corrections system
5 of the Commonwealth by operating minimum security private
6 correctional facilities for the incarceration of low-risk
7 offenders sentenced to a term of imprisonment in a State prison.
8 Section 2423-B. Definitions.--The following words and
9 phrases when used in this subdivision shall have the meanings
10 given to them in this section unless the context clearly
11 indicates otherwise:
12 "Contract monitor" means an employe of the Department of
13 Corrections who shall be assigned to the private correctional
14 facility or facility where private security services are
15 provided.
16 "Department" means the Department of Corrections of the
17 Commonwealth.
18 "Private contractor" means a person who owns or operates a
19 private correctional facility.
20 "Private contractor for security services" means a private
21 contractor who provides security services to a correctional
22 facility owned by the Department of Corrections.
23 "Private correctional facility" means an adult correctional
24 facility for the incarceration of low-risk offenders, owned or
25 operated by a private contractor.
26 "Security services" means the provision of corrections
27 officers.
28 Section 2424-B. Facilities and Services.--(a) The
29 Commonwealth may enter into contracts with private contractors
30 in accordance with this subdivision.
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1 (b) No private correctional facility licensed under this
2 subdivision may incarcerate inmates from states other than this
3 Commonwealth.
4 Section 2425-B. Licensure.--(a) Private contractors
5 operating within this Commonwealth must hold a valid license
6 issued by the department.
7 (b) The department shall have the authority to establish
8 criteria for licensure under this section.
9 (c) Licenses issued by the department shall be on a form
10 prescribed by the department, shall not be transferable, shall
11 be issued only for the private correctional facilities or
12 contracted-for private security services named in the
13 application and shall specify the maximum number of individuals
14 who may be housed in the facility at one time. The license shall
15 be posted in a conspicuous place on the licensee's premises.
16 (d) Licenses and inspection fees shall be established by the
17 department.
18 Section 2426-B. Contracts.--(a) Contracts executed under
19 this subdivision shall include the following terms:
20 (1) The posting of an adequate performance bond by the
21 private contractor.
22 (2) Proof of adequate insurance.
23 (3) A requirement that the private contractor comply with
24 regulations of the department and with this subdivision.
25 (4) A requirement of contract approval by the Attorney
26 General.
27 (5) A plan developed by the private contractor detailing all
28 aspects of operations in the private correctional facility or in
29 the provision of security services.
30 (6) A requirement of annual contract review by the Attorney
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1 General.
2 (7) Proof that the private contractor holds a license issued
3 by the department.
4 (8) A requirement of access by the department to all records
5 of the private contractor.
6 (9) A requirement that the department provide a contract
7 monitor at the private correctional facility or facility where
8 private security services are provided.
9 (b) Contracts must be approved by the Attorney General.
10 Contract approval shall be conditioned upon all of the
11 following:
12 (1) The private contractor's assumption of liability caused
13 by or arising out of all aspects of the ownership or operation
14 of the private correctional facility or the provision of
15 security services, including, but not limited to, escape or
16 other emergency situations, legal fees and damage awards,
17 involving the private contractor and the Commonwealth.
18 (2) Liability insurance covering the private contractor and
19 its officers, employes and agents in an amount sufficient to
20 cover liability arising out of the ownership or operation of a
21 private correctional facility or the provision of security
22 services. A copy of the proposed insurance policy for the first
23 year shall be submitted for approval with the contract.
24 (c) Disapproval of a contract may be based on any reasonable
25 grounds, including, but not limited to, the following:
26 (1) Inadequacy or inappropriateness of the proposed plan of
27 operation.
28 (2) Failure to meet department regulations.
29 (3) Unsuitability of the proposed private contractor or its
30 employes.
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1 (4) Absence of required or desired contract provisions.
2 (5) Unavailability of adequate funds.
3 (6) Lack of proof of appropriate insurance.
4 (7) Absence of licensure by the department.
5 (d) Contracts executed under this subdivision shall provide
6 for termination for cause by the Commonwealth upon ninety days'
7 notice to the private contractor. Termination shall be allowed
8 for reasons which include, but are not limited to, the
9 following:
10 (1) Failure to be licensed or to comply with regulations of
11 the department.
12 (2) Failure to meet other contract provisions.
13 (3) Failure to meet the provisions of this subdivision.
14 Section 2427-B. Duties of Contract Monitor.--The contract
15 monitor shall have the duty to:
16 (1) Monitor compliance of the private contractor with terms
17 of the contract.
18 (2) Supervise the administration of misconducts, discipline
19 and earned time within the correctional facility.
20 (3) Coordinate prerelease and parole release functions.
21 Section 2428-B. Maximum Capacity of Facility.--A private
22 correctional facility may not exceed a capacity of two hundred
23 fifty inmates.
24 Section 2429-B. Police Power.--Security personnel employed
25 by private contractors shall be deemed peace officers under
26 section 2.1 of the act of May 16, 1921 (P.L.579, No.262),
27 referred to as the County Prison Board Law.
28 Section 2430-B. Labor Disputes.--(a) (1) A private
29 contractor shall notify the department sixty days prior to the
30 termination of a labor contract.
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1 (2) A private contractor shall notify the department
2 immediately upon learning of a potential or impending strike.
3 (b) In the event of a strike, the department shall assume
4 operation of the private correctional facility and shall use
5 Commonwealth emergency resources necessary to operate the
6 facility until the strike has ended. Costs incurred by the
7 Commonwealth and the department shall be reimbursed by the
8 private contractor.
9 Section 2431-B. Emergencies.--(a) Upon the occurrence of an
10 escape of an inmate or upon a violent disturbance within a
11 private correctional facility or a facility using private
12 security services, the facility shall immediately notify the
13 local police within the county and the Pennsylvania State
14 Police.
15 (b) Upon the occurrence of an emergency in a private
16 correctional facility or a facility using private security
17 services, the department shall have the authority to enter and
18 control the facility until the emergency ends.
19 (c) Costs incurred by the Commonwealth, the department or a
20 county shall be reimbursed by the private contractor.
21 Section 2432-B. Inspections.--(a) The department shall
22 annually inspect private correctional facilities and facilities
23 using private security services to insure compliance with its
24 regulations. The department shall submit a written report on the
25 findings of its inspection to the private contractor within
26 sixty days of the inspection. The private contractor shall be
27 given a reasonable period of time within which to correct
28 deficiencies or to come into compliance with the applicable
29 regulations. If the private contractor does not come into
30 compliance with the applicable regulations, the department may
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1 revoke its license after a hearing under 2 Pa.C.S. Ch. 5 Subch.
2 A (relating to practice and procedure of Commonwealth agencies)
3 and Ch. 7 Subch. A (relating to judicial review of Commonwealth
4 agency action).
5 (b) Personnel of the department or other administrative
6 agencies authorized by the Secretary of Corrections to inspect
7 correctional facilities may enter a private correctional
8 facility unannounced at any time to investigate any facet of the
9 operation of a private correctional facility.
10 Section 2433-B. Regulations.--The department shall, within
11 six months of the effective date of this section, promulgate
12 regulations for the provision and operation of private
13 correctional facilities and for the provision of private
14 security services. The regulations shall include, but not be
15 limited to:
16 (1) Security requirements, including staffing levels and
17 emergency plans.
18 (2) Minimum standards for the care of inmates, procedures
19 for misconduct adjudication and disposition, visitation
20 policies, the provision of medical and mental health services,
21 treatment and education programs.
22 (3) A program of training and certification for corrections
23 officers employed by private contractors. Cost of training shall
24 be paid by the private contractor.
25 Section 2434-B. Violations of Contract.--(a) If the
26 department learns of a violation of a contract by a private
27 contractor, it shall immediately give written notice to the
28 Commonwealth, the private contractor and the Attorney General.
29 Violation of the contract shall be grounds for termination of
30 the contract under section 2426-B(d).
19910H2239B2817 - 21 -
1 (b) Notice to the private contractor shall require action to
2 bring the facility into compliance with the relevant contractual
3 provision in the time period determined by the department.
4 Section 2435-B. License Revocation.--(a) The department
5 shall, by regulation, establish procedures for revocation of a
6 license under this subdivision to include provisions for notice
7 and hearing under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
8 and procedure of Commonwealth agencies).
9 (b) Grounds for revocation include, but are not limited to:
10 (1) Violation of this subdivision or regulations of the
11 department.
12 (2) Fraud or misrepresentation.
13 (3) Failure to maintain adequate insurance.
14 (4) Gross incompetence or negligence.
15 (5) Moral turpitude.
16 (6) Violation of other laws of this Commonwealth.
17 (7) Violation of the civil rights of an individual inmate.
18 (8) Failure to comply with official inspection reports of
19 the department under section 2437-B(a).
20 Section 2436-B. Criminal Penalty.--A private contractor who
21 operates a private correctional facility or provides private
22 security services in this Commonwealth without a license under
23 section 2425-B commits a misdemeanor of the first degree and
24 shall, upon conviction, be sentenced to pay a fine of ten
25 thousand dollars ($10,000) and costs of prosecution or, if the
26 private contractor fails to pay the fine, to imprisonment for
27 not more than one year. Each day of operation of a private
28 correctional facility or of provision of private security
29 services without a license shall constitute a separate offense.
30 If the private contractor is a partnership, the partners are
19910H2239B2817 - 22 -
1 liable under this section. If the private contractor is a
2 corporation or unincorporated association, the chief executive
3 officer is liable under this section.
4 Section 2437-B. Annual Reports.--(a) A private contractor
5 shall submit an annual report to the Commonwealth with which it
6 has a contract.
7 (b) The department shall submit to the General Assembly an
8 annual report on the status of private contractors in this
9 Commonwealth, including problems related to private contractors.
10 Section 2438-B. Other Statutes.--Private correctional
11 facilities are deemed to be correctional institutions for
12 purposes of Title 18 of the Pennsylvania Consolidated Statutes
13 (relating to crimes and offenses) and Title 42 of the
14 Pennsylvania Consolidated Statutes (relating to judiciary and
15 judicial procedure) and are deemed to be prisons for purposes of
16 the act of July 11, 1923 (P.L.1044, No.425), referred to as the
17 Prisoner Transfer Law. Other statutes relating to
18 penitentiaries, prisons, workhouses, houses of corrections and
19 institutions for prisoners shall apply to private correctional
20 facilities to the extent necessary to carry out the intent and
21 provisions of this subdivision.
22 (c) Privatization of Youth Centers
23 Section 2451-B. Definitions.--The following words and
24 phrases when used in this subdivision shall have the meanings
25 given to them in this section unless the context clearly
26 indicates otherwise:
27 "Court" means the court of common pleas of the committing
28 county.
29 "Department" means the Department of Public Welfare of the
30 Commonwealth.
19910H2239B2817 - 23 -
1 "Youth center" means any incorporated or unincorporated
2 organization, society, corporation or agency, public or private,
3 which may receive or care for delinquent minors, either at
4 board, wages or free; or any individual who for hire, gain or
5 reward receives for care a child, unless he is related to such
6 child by blood or marriage within second degree. The term shall
7 include, but not be limited to, a youth development center and a
8 youth forestry center. The term shall not include a family day-
9 care home in which care is provided in lieu of parental care to
10 six or less children for part of a twenty-four-hour day.
11 Section 2452-B. Custody and Supervision.--(a) Juveniles
12 committed to a youth center shall be in the custody of the
13 department. The department shall assure that proper care,
14 guidance and control are provided for those minors under
15 eighteen yeas of age committed under 42 Pa.C.S. Ch. 63 (relating
16 to juvenile matters). Such minors may remain committed until
17 they attain twenty-one years of age.
18 (b) All youth centers shall be supervised by the department.
19 Juveniles committed to a youth center shall remain under the
20 supervision of the court.
21 (c) Whenever, in the judgment of the department, the
22 rehabilitation of a committed minor will be served by his full
23 or partial employment off the grounds of a youth center, the
24 department may consent to such employment: Provided, That the
25 terms of the employment do not violate applicable labor or wage
26 laws and that the minor returns to the center or his foster
27 boarding home each day after work.
28 (d) Whenever, in the judgment of the department, a committed
29 minor is ready for release, but is in need of continuing
30 counseling from the youth center, the superintendent shall so
19910H2239B2817 - 24 -
1 advise the court. If the court approves, the minor shall be
2 released and the youth center shall provide counseling to the
3 minor until the court approves the discontinuance of the
4 counseling or the discharge of the minor.
5 Section 2453-B. Operation of Facilities.--(a) The
6 department shall divest itself of the actual operation of all
7 State-owned and State-maintained youth development centers,
8 including those centers located at Bensalem, New Castle,
9 Loysville, Danville and Embreeville. The ownership of said
10 facilities may remain with the Commonwealth. However, the
11 department shall contract with private contractors for operation
12 of said facilities.
13 (b) Private contractors operating within this Commonwealth
14 must hold a valid license issued by the department, pursuant to
15 Article IX of the act of June 13, 1967 (P.L.31, No.21), known as
16 the "Public Welfare Code."
17 Section 2454-B. Contracts.--(a) Contracts executed under
18 this subdivision shall include the following terms:
19 (1) The posting of an adequate performance bond by the
20 private contractor.
21 (2) Proof of adequate insurance.
22 (3) A requirement that the private contractor comply with
23 regulations of the department and with this act.
24 (4) A plan developed by the private contractor detailing all
25 aspects of operations in the youth center.
26 (5) A requirement of annual contract review by the
27 department.
28 (6) Proof that the private contractor holds a license issued
29 by the department.
30 (7) A requirement of access by the department to all records
19910H2239B2817 - 25 -
1 of the private contractor.
2 (8) A requirement that the department provide a contract
3 monitor at the youth center.
4 (9) A requirement for the first year of the contract that
5 the private contractor shall employ all current Commonwealth
6 youth center employes. Employes may only be dismissed for cause.
7 (10) A requirement that all civil service policies, such as
8 affirmative action and due process, are carried out by the
9 provider.
10 (11) A provision that the determination as to which
11 delinquent minors will be placed at the respective youth centers
12 shall be at the discretion of the court and not the contractor.
13 (12) A provision that youth centers may not accept custody
14 of delinquents placed by a court outside of this Commonwealth.
15 (b) Contracts shall be conditioned upon all of the
16 following:
17 (1) The private contractor's assumption of liability caused
18 by or arising out of all aspects of operation of youth centers.
19 (2) A provision of security services, including, but not
20 limited to, escape or other emergency situations, legal fees and
21 damage awards, involving the private contractor and the
22 department.
23 (3) Liability insurance covering the private contractor and
24 its officers, employes and agents in an amount sufficient to
25 cover liability arising out of the operation of the youth
26 center. A copy of the proposed insurance policy for the first
27 year shall be submitted for approval with the contract.
28 (c) Disapproval of a contract may be based on any reasonable
29 grounds, including, but not limited to, the following:
30 (1) Inadequacy or inappropriateness of the proposed plan of
19910H2239B2817 - 26 -
1 operation.
2 (2) Failure to meet department regulations.
3 (3) Unsuitability of the proposed private contractor or its
4 employes.
5 (4) Absence of required or desired contract provisions.
6 (5) Unavailability of adequate funds.
7 (6) Lack of proof of appropriate insurance.
8 (7) Absence of licensure by the department.
9 (d) Contracts executed under this subdivision shall provide
10 for termination for cause by the Commonwealth upon ninety days'
11 notice to the private contractor. Termination shall be allowed
12 for reasons which include, but are not limited to, the
13 following:
14 (1) Failure to be licensed or to comply with regulations of
15 the department.
16 (2) Failure to meet other contract provisions.
17 (3) Failure to meet the provisions of this act.
18 Section 2455-B. Contract Monitor.--The contract monitor
19 shall:
20 (1) Monitor compliance of the private contractor with terms
21 of the contract.
22 (2) Supervise the administration, well-being and general
23 welfare of children committed to youth centers.
24 (3) Insure that adequate social services, facilities for
25 rehabilitation, care, guidance and control are maintained.
26 Section 2456-B. Labor Disputes.--(a) (1) A private
27 contractor shall notify the department sixty days prior to the
28 termination of a labor contract.
29 (2) A private contractor shall notify the department
30 immediately upon learning of a potential or impending strike.
19910H2239B2817 - 27 -
1 (b) In the event of a strike, the department shall assume
2 operation of the youth center and shall use Commonwealth
3 resources necessary to operate the facility until the strike has
4 ended. Costs incurred by the Commonwealth or the department
5 shall be reimbursed by the private contractor.
6 Section 2457-B. Emergencies.--(a) Upon the occurrence of an
7 escape of a delinquent at a secured youth center facility, the
8 facility shall immediately notify the local police within the
9 county.
10 (b) Upon the occurrence of an emergency in a youth center,
11 the department shall have the authority to enter and control the
12 facility until the emergency ends.
13 (c) Costs incurred by the Commonwealth or the department
14 shall be reimbursed by the private contractor.
15 Section 2458-B. Rules and Regulations.--The department
16 shall, within six months of the effective date of this
17 subdivision, promulgate rules and regulations for the provisions
18 and operation of youth centers. These regulations shall include,
19 but not be limited to:
20 (1) Staffing levels and emergency plans.
21 (2) Security requirements at a secured youth center.
22 (3) Minimum standards for the care, guidance and control of
23 children committed to a youth center.
24 (d) Public Transportation Privatization
25 Section 2461-B. Declaration of Policy.--The General Assembly
26 finds and declares that:
27 (1) Public transportation services are provided to assist
28 the transit-dependent and the poor, to relieve congestion and to
29 minimize automobile pollution.
30 (2) Protection of consumers, public transit riders and
19910H2239B2817 - 28 -
1 taxpayers requires that public transportation service be
2 provided at the lowest possible cost consistent with service and
3 safety standards.
4 (3) Private transportation providers have been used under
5 competitive contracts to provide public transportation services
6 at lower costs and with lower annual cost increases.
7 (4) Decisions on whether a public transportation service
8 should be operated by a public agency or a private company
9 should be made on economic considerations rather than on
10 institutional considerations.
11 (5) Obtaining cost-effective public transportation services
12 requires a competitive environment and a mechanism for
13 competitive contracting of such services.
14 (6) Facilities and vehicles purchased for public
15 transportation service are public assets which are held in the
16 public trust for service to public transit riders and the
17 taxpayers.
18 Section 2462-B. Definitions.--The following words and
19 phrases when used in this subdivision shall have the meanings
20 given to them in this section unless the context clearly
21 indicates otherwise:
22 "Attributable fully allocated cost" means the operating and
23 capital cost of a public transportation service, including the
24 direct costs of driver labor and benefits based upon actual
25 driver work assignments for the service, and a reasonable
26 allocation of costs for replacement and spare drivers and all
27 other costs of providing and administering transportation and
28 maintenance for the service, minus the cost of any function not
29 to be contracted for competitively.
30 "Department" means the Department of Transportation of the
19910H2239B2817 - 29 -
1 Commonwealth.
2 "Public transit operator" means a public agency which:
3 (1) provides or sponsors public transportation service on
4 fixed routes in an area that includes an entire city of the
5 first or second class; and
6 (2) receives a public subsidy.
7 Section 2463-B. Competitive Proposal Requirement.--(a) On
8 an annual basis, each public transit operator shall seek
9 competitive proposals on at least ten percent (10%) of its
10 existing fixed-route bus service and on an amount of fixed-route
11 bus service equivalent to any increase in its fixed-route bus
12 service in the next year. The annual competitive proposal
13 requirement shall be met only by the requests for proposal for
14 services not currently operated under competitive proposals. The
15 annual competitive proposal requirement shall be based upon the
16 annual vehicle miles for the latest fiscal year for which
17 information is available.
18 (b) (1) The competitive contracting required under this
19 section shall be accomplished through attrition of the full-time
20 drivers and mechanics in the employ of the public transit
21 operator on the effective date of this subdivision. A public
22 transit operator may hire new permanent drivers and mechanics
23 only to the extent necessary to operate services that the public
24 transit operator has been awarded through competitive proposals.
25 (2) Fixed-route bus services operated under competitive
26 proposals on the effective date of this article or thereafter
27 shall be subject to a new competitive proposal at least every
28 five years. A service operated under competitive proposal may
29 not be returned to operation not subject to competitive
30 proposal. Renewal options that extend a contract beyond five
19910H2239B2817 - 30 -
1 years are prohibited.
2 (3) Each public transit operator shall determine the routes,
3 schedules and fares included in requests for proposal.
4 (4) Savings obtained through competitive service provision
5 shall be used only for consumer benefit, including increased
6 service levels, reduced passenger fares, new capital facilities
7 and reduction of public transportation subsidies.
8 (5) Each public transit operator shall make buses purchased
9 after the effective date of this article available for operation
10 under competitive proposals by private transportation providers
11 under lease.
12 (6) Each public transit operator shall maintain a list of
13 interested proposers, which shall include all organizations that
14 have requested inclusion on the list. The public transit
15 operator shall advertise for additions to the interested
16 proposers list at least annually in accordance with its general
17 procurement policy.
18 (7) Each public transit operator may replace service with
19 alternative service provision methods through competitive
20 proposals if the public transit operator finds the alternative
21 service methods to be in the public interest.
22 (8) Each public transit operator may execute standby
23 competitive contracts with private transportation providers to
24 operate service on an interim basis in the event that the public
25 transit operator determines the operation to be required by the
26 public welfare. Service operated under a standby contract shall
27 be subject to competitive proposal within six months of standby
28 contract service commencement.
29 Section 2464-B. Standards and Requirements.--(a) Within six
30 months of the effective date of this subdivision, each public
19910H2239B2817 - 31 -
1 transit operator shall promulgate reasonable standards with
2 respect to experience, safety records and financial
3 responsibility by which private transportation providers can be
4 qualified to provide bus services under this subdivision.
5 Standards shall not be designed to restrict the number of
6 eligible participants in the competitive proposal process.
7 (b) Within six months of the effective date of this
8 subdivision, each public transit operator shall prepare a
9 standard form of agreement to provide bus services. The contract
10 shall include:
11 (1) Reasonable passenger comfort, safety and vehicle
12 maintenance standards.
13 (2) Standards for access to bus services for persons with
14 disabilities, which shall be as specified in the public transit
15 operator's plan for such services.
16 (3) Standards for training and safety records to be required
17 of drivers.
18 (4) Requirements for reasonable insurance protecting the
19 public transit operator from liability for the acts, negligence
20 or omission of private transportation providers and their agents
21 and employes.
22 (5) Reasonable standards for reliability and on-time
23 performance.
24 (6) Reasonable penalties for inadequate performance,
25 including the public transit operator's right to cancel
26 contracts.
27 (7) Provisions and standards for the use of the public
28 transit operator's logo, transfers, transit ways, bus stops,
29 vehicles and other elements that are owned by the public transit
30 operator and are appropriate for use by the private
19910H2239B2817 - 32 -
1 transportation providers under contract to the public transit
2 operator.
3 (c) A public transit operator may not establish a
4 requirement relating to the wages, benefits or union
5 organization of contractor employes. Contractors shall comply
6 with, and must give adequate certification of compliance with,
7 applicable Federal and State labor laws.
8 (d) No change in contract payment amount to a private
9 transportation provider may be made except as specified in the
10 contract. Payment changes in a contract shall be limited to
11 indices, escalators, deflators, changes in service level and
12 other expressly stated or calculable amounts, consistent with
13 the request for proposal and with the proposal of the private
14 transportation provider awarded the contract.
15 (e) Contract expiration dates shall be rotated to the
16 maximum extent feasible to minimize the number of contract
17 awards under consideration at any particular time.
18 Section 2465-B. Requests for Proposals.--(a) A request for
19 proposals shall specify the route, service frequency and fares,
20 as determined by the public transit operator.
21 (b) The public transit operator shall seek the widest
22 reasonable distribution of requests for proposals and, at a
23 minimum, shall send requests for proposals to each organization
24 on the interested proposers list and to each additional
25 organization which requests the specific request for proposal.
26 (c) The public transit operator shall advertise requests for
27 proposals within ten days in accordance with its general
28 procurement policy. Proposals shall be required not less than
29 forty-five days from the advertisement date.
30 (d) Contracts shall provide that services commence within
19910H2239B2817 - 33 -
1 one hundred twenty days of the deadline for proposals.
2 (e) Requests for proposals shall be limited to the least
3 amount of service as may be commercially practicable so that the
4 largest possible number of private transportation providers may
5 respond. No single request for proposal may include more than
6 the greater of either:
7 (1) three percent (3%) of the public transit operator's
8 weekday peak period requirement; or
9 (2) a fifteen-bus peak requirement.
10 (f) A qualified private transportation provider may respond
11 to a request for proposals. Each public transit operator shall
12 ensure that enterprises defined as disadvantaged businesses in
13 49 CFR Part 23 have the greatest possible opportunity to
14 respond.
15 (g) With respect to a request for proposals, the public
16 transit operator shall award the contract to the private
17 transportation provider or public transit operator whose
18 responsible and responsive proposal offers the lowest cost.
19 (h) (1) No private transportation provider may aggregately
20 award contracts covering:
21 (i) more than twenty-five percent (25%) of the annual
22 vehicle miles of a public transit operator with a bus peak
23 requirement of sixty or more; or
24 (ii) more than a fifteen-bus peak of a public transit
25 operator with a bus peak requirement of fewer than sixty.
26 (2) No company, or affiliate of a company, holding a
27 contract to manage the public transit operator may submit a
28 proposal or be awarded a contract to operate public
29 transportation services for the public transit operator.
30 (i) A public transit operator may reject all proposals for
19910H2239B2817 - 34 -
1 private service if the public operator can show that it can
2 offer the same service at a cost less than any of the proposals
3 submitted.
4 Section 2466-B. Public Transit Operator Proposals.--A public
5 transit operator, including a public transit operator issuing
6 the competitive procurement, may submit a proposal and be
7 awarded a contract, subject to the following conditions:
8 (1) That it submit a sealed proposal before the advertised
9 deadline, that the proposal not be altered after that deadline
10 and that the proposal be publicly opened and made public at the
11 deadline.
12 (2) That any labor provision assumed in the proposal either
13 be specified in currently effective labor contracts or be
14 executed before the proposal deadline in a written and binding
15 agreement between the public transportation operator and the
16 appropriate labor organization.
17 (3) That it take reasonable steps to ensure an objective and
18 fair evaluation process, including prohibition of proposal
19 evaluation participation by personnel or departments which were
20 involved in preparing the public transportation operator's
21 proposal.
22 (4) That its proposal price be not less than its
23 attributable fully allocated cost for the service, that its
24 proposal price not be based on part-time labor provisions or
25 other less costly labor provisions to a greater percentage than
26 such provisions are employed in the public transportation
27 operator's fixed-route bus services which have not been
28 subjected to competitive proposals and that its proposal price
29 be consistent with currently adopted budgets and financial
30 plans.
19910H2239B2817 - 35 -
1 (5) That it not be bound by a contract which creates or
2 extends any form of obligation for continued employment or
3 employe compensation, except for pension, beyond the contract
4 expiration date under the provisions of the request for proposal
5 for employes assigned to the service.
6 (6) That it be bound by the same terms, conditions and
7 performance and other standards as would have applied to a
8 private transportation provider awarded the contract under the
9 request for proposal.
10 (7) (i) That its costs per vehicle mile, exclusive of
11 capital costs, for fixed-route bus services which have not been
12 subjected to competitive proposals shall not, at any point
13 during the contract, rise by a percentage greater than the cost
14 per vehicle mile, exclusive of capital costs, for the
15 competitive service in the public transit operator's proposal
16 for the corresponding period.
17 (ii) Each adopted budget or budget revision and each United
18 States Department of Transportation Urban Mass Transportation
19 Administration Section 15 annual report shall be reviewed by the
20 public transit operator to determine compliance with this
21 provision.
22 (iii) If the public transit operator's cost performance is
23 not in compliance with this clause, the public transit operator
24 shall relinquish the contract; and a new request for proposal
25 for the service shall be issued within ninety days.
26 Section 2467-B. Performance Audit.--Each public transit
27 operator shall contract with an independent certified accounting
28 firm, other than the public transit operator's regular auditor,
29 for a neutral and unbiased performance audit to be completed and
30 reported to the General Assembly within two years after the
19910H2239B2817 - 36 -
1 effective date of this article. The performance audit shall
2 analyze, in a fair and equitable fashion, the implementation of
3 this article, including, but not limited to:
4 (1) Compliance with the competitive proposal process.
5 (2) Compliance with fully allocated costing requirements.
6 (3) The level of contract compliance by private
7 transportation providers.
8 (4) The cost of compliance under clause (3) and whether
9 costs will be recurring or may be reduced.
10 (5) Application of savings to consumer benefit.
11 (6) Taxes paid by private transportation providers.
12 Section 2468-B. Facilities and Vehicles.--(a) The planning
13 of all maintenance facilities, operations facilities and garages
14 shall include a thorough review of competitive alternatives
15 available for efficient development, management and operations.
16 The planning process shall include private transportation
17 providers. An application for funding assistance shall include a
18 full description of alternatives reviewed.
19 (b) A public transit vehicle or maintenance or operating
20 facility purchased or leased after the effective date of this
21 article must not be encumbered by a contract which limits its
22 use by private transportation providers in the operation of
23 public transportation service under contract, subject to the
24 policy control of the public transit operator.
25 Section 2469-B. Restrictive Agreements.--A public transit
26 operator may not make a contract that restricts its ability to
27 comply with this subdivision.
28 Section 9. Sections 2803-C, 2804-C, 2805-C, 2806-C, 2807-C,
29 2808-C, 2809-C, 2810-C, 2811-C, 2812-C and 2813-C of the act are
30 repealed.
19910H2239B2817 - 37 -
1 Section 10. (a) All personnel, allocations, equipment,
2 files, records, contracts, agreements, obligations and other
3 materials which are used, employed or expended in connection
4 with the powers, duties or functions heretofore exercised by the
5 Agricultural Lands Condemnation Approval Board in connection
6 with those responsibilities transferred by this act to the State
7 Agricultural Land Preservation Board, as described in section
8 1716, are hereby transferred from the Agricultural Lands
9 Condemnation Approval Board to the State Agricultural Land
10 Preservation Board with the same force and effect as if the
11 appropriations had been made to and said items had been the
12 property of the State Agricultural Land Preservation Board in
13 the first instance and as if said contracts, agreements and
14 obligations had been incurred or entered into by the State
15 Agricultural Land Preservation Board.
16 (b) All personnel transferred pursuant to this act shall
17 retain any civil service employment status held by said
18 personnel.
19 Section 11. (a) The following acts and parts of acts are
20 repealed:
21 Subarticle (d) of Article III of the act of June 13, 1967
22 (P.L.31, No.21), known as the Public Welfare Code.
23 Act of November 18, 1968 (P.L.1052, No.322), known as the
24 Sewage Treatment Plant and Waterworks Operators' Certification
25 Act.
26 Act of July 22, 1974 (P.L.598, No.206), known as the
27 Pennsylvania Minority Business Development Authority Act.
28 Act of July 1, 1978 (P.L.584, No.109), known as the Milrite
29 Act.
30 Act of July 19, 1979 (P.L.130, No.48), known as the Health
19910H2239B2817 - 38 -
1 Care Facilities Act.
2 Act of July 8, 1986 (P.L.408, No.89), known as the Health
3 Care Cost Containment Act.
4 (b) The following acts and parts of acts are repealed
5 insofar as they are inconsistent with this act:
6 Act of May 15, 1945 (P.L.547, No.217), known as the
7 Conservation District Law.
8 Section 7 of the act of December 21, 1973 (P.L.425, No.148),
9 referred to as the Municipal Environmental Advisory Council Law.
10 (c) The act of June 30, 1981 (P.L.128, No.43), known as the
11 Agricultural Area Security Law, is repealed insofar as it
12 relates to the Agricultural Lands Condemnation Approval Board.
13 Section 12. This act shall take effect in 90 days.
K18L71RZ/19910H2239B2817 - 39 -