SENATE AMENDED
PRIOR PRINTER'S NO. 640 PRINTER'S NO. 3903
No. 589 Session of 1993
INTRODUCED BY EVANS, DeWEESE, LINTON, KASUNIC, CAPPABIANCA,
BATTISTO, DeLUCA, FLICK, KUKOVICH, SANTONI, LLOYD, WOZNIAK,
LUCYK, SCRIMENTI, HANNA, COY, STISH, McCALL, TRELLO, MUNDY,
LAUGHLIN, BUSH, LEVDANSKY, CORRIGAN, FREEMAN, STURLA, BUXTON,
ROBINSON, STETLER, ARGALL, SAURMAN, LaGROTTA, TIGUE,
MARKOSEK, MELIO, TANGRETTI, BELFANTI, MIHALICH, PISTELLA,
BLAUM, SURRA, THOMAS, TRICH, GORDNER, JAMES, ROONEY, LEE,
JOSEPHS, HUGHES, STEELMAN, GERLACH, VEON AND RITTER,
MARCH 15, 1993
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, AS AMENDED,
JUNE 15, 1994
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 determined," further imposing additional <--
21 budgetary duties and responsibilities on the Governor and the
22 Secretary of the Budget; requiring the Auditor General and
23 State Treasurer to furnish lists of employees and requiring
24 monthly updates of employee lists to be furnished to the
25 Legislative Data Processing Center; creating an independent
1 advisory board to be known as the Independent Revenue
2 Forecasting Board, providing for the appointment of its
3 members, and defining its powers and duties; establishing an
4 Economic Advisory Council; and providing for duties of the
5 Governor, the Secretary of Public Welfare and the Secretary
6 of Revenue. FURTHER PROVIDING FOR ANNUAL LIQUOR LICENSE FEES; <--
7 GRANTING EXCEPTIONS TO THE CERTIFICATE OF NEED PROVISIONS FOR
8 A CERTAIN HOSPITAL; AND MAKING A REPEAL.
9 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
10 (1) TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF
11 HIGHER EDUCATION, AN INSTRUMENTALITY OF THE COMMONWEALTH
12 SERVING AS A STATE-RELATED INSTITUTION IN THE STATE SYSTEM OF
13 HIGHER EDUCATION, AND SHRINERS HOSPITAL FOR CRIPPLED
14 CHILDREN, A CHARITABLE HOSPITAL SPECIALIZING IN PEDIATRIC
15 ORTHOPEDIC AND REHABILITATION SERVICES, HAVE ENTERED INTO A
16 JOINT PROJECT, WHEREBY TEMPLE UNIVERSITY INTENDS TO CONSTRUCT
17 A PEDIATRIC UNIT OF ITS TEMPLE UNIVERSITY HOSPITAL SITE; AND
18 THE SHRINERS HOSPITAL FOR CRIPPLED CHILDREN WILL ALSO CONDUCT
19 ITS SPECIALTY HOSPITAL AT THE SITE OF THE TEMPLE UNIVERSITY
20 HOSPITAL AND WILL RELOCATE FROM ITS PRESENT SITE IN NORTHEAST
21 PHILADELPHIA.
22 (2) THROUGH THE ADOPTION OF SECTION 3(2)(V)(H) OF THE
23 ACT OF JULY 2, 1993 (P.L.265, NO.47), KNOWN AS THE CAPITAL
24 PROJECT ITEMIZATION ACT FOR 1993-1994, THE GENERAL ASSEMBLY
25 PREVIOUSLY RECOGNIZED THE NEED FOR THE CONSTRUCTION OF A
26 PEDIATRIC HOSPITAL IN PHILADELPHIA BY TEMPLE UNIVERSITY AND
27 THE NEED FOR THE RELOCATION AND REPLACEMENT OF THE SHRINERS
28 HOSPITAL FOR CRIPPLED CHILDREN. THE RECOGNITION OF THAT NEED
29 IS HEREBY REAFFIRMED.
30 (3) TEMPLE UNIVERSITY HOSPITAL OFFERS A LESS COSTLY
31 HEALTH CARE SERVICE THAN OTHER UNIVERSITY TEACHING HOSPITALS
32 IN PHILADELPHIA.
33 (4) THE SHRINERS HOSPITAL FOR CRIPPLED CHILDREN PROVIDES
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1 SPECIALTY MEDICAL CARE COMPLETELY FREE TO THOSE INDIVIDUALS
2 UNABLE TO PAY FOR THESE SERVICES, WITHOUT ANY REIMBURSEMENT
3 FROM INSURERS OR GOVERNMENTAL ENTITIES.
4 (5) TEMPLE UNIVERSITY IS THE SINGLE LARGEST PROVIDER OF
5 MEDICAL ASSISTANCE SERVICES IN THIS COMMONWEALTH.
6 (6) THE CHILDREN OF NORTH PHILADELPHIA, WHERE TEMPLE
7 UNIVERSITY HOSPITAL IS LOCATED, DO NOT HAVE INPATIENT
8 PEDIATRIC SERVICES AVAILABLE WITHIN A 30-MINUTE TRAVEL TIME.
9 THE RELATIVE INACCESSIBILITY AND UNAVAILABILITY OF MEDICAL
10 CARE PRESENTS A BARRIER TO ADEQUATE HEALTH CARE FOR THE
11 RESIDENTS OF NORTH PHILADELPHIA.
12 (7) TEMPLE UNIVERSITY HOSPITAL IS A FULLY ACCREDITED
13 TEACHING HOSPITAL, OFFERING A VARIETY OF MEDICAL EDUCATION
14 CURRICULA. THE PROPOSED JOINT PROJECT WILL SERVE THE INTEREST
15 OF THIS COMMONWEALTH BY ENHANCING THE MEDICAL EDUCATION
16 OPPORTUNITIES PROVIDED BY TEMPLE UNIVERSITY AND THE SHRINERS
17 HOSPITAL FOR CRIPPLED CHILDREN.
18 (8) BASED UPON THESE FINDINGS, THE GENERAL ASSEMBLY HAS
19 DETERMINED THAT THE JOINT PROJECT FOR A PEDIATRIC UNIT AT
20 TEMPLE UNIVERSITY HOSPITAL AND FOR RELOCATION AND REPLACEMENT
21 OF THE SHRINERS HOSPITAL FOR CRIPPLED CHILDREN SHALL NOT BE
22 SUBJECT TO THE REQUIREMENTS OF THE ACT OF JULY 19, 1979
23 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT,
24 AND HEREBY ENACTS SECTION 2125 OF ACT OF APRIL 9, 1929
25 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
26 (9) THE GENERAL ASSEMBLY ALSO FINDS THAT THIS ACT AND
27 SECTION 3(2)(V)(H) OF THE CAPITAL BUDGET PROJECT ITEMIZATION
28 ACT FOR 1993-1994 MEET THE OBLIGATIONS OF THE COMMONWEALTH TO
29 ITS STATE-RELATED INSTITUTION, SERVE THE INTEREST OF THE
30 COMMONWEALTH IN ASSURING A CONTINUUM OF MEDICAL CARE FOR
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1 INDIVIDUALS UNABLE TO AFFORD SUCH CARE, THUS ELIMINATING
2 COSTS WHICH WOULD OTHERWISE BE BORNE BY THE COMMONWEALTH,
3 SERVE THE INTEREST OF THE COMMONWEALTH IN ENHANCING THE
4 QUALITY OF MEDICAL CARE FOR THE CITIZENS OF THIS
5 COMMONWEALTH, AND SERVE THE INTEREST OF THE COMMONWEALTH BY
6 ENHANCING THE MEDICAL EDUCATION OPPORTUNITIES PROVIDED BY
7 TEMPLE UNIVERSITY.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 613 of the act of April 9, 1929 (P.L.177, <--
11 No.175), known as The Administrative Code of 1929, is amended by
12 adding a clause to read:
13 Section 613. Submission of Budget to General Assembly.--As
14 soon as possible after the organization of the General Assembly,
15 but not later than the first full week in February of each year,
16 except in the case where a Governor has been elected for his
17 first term of office and then no later than the first full week
18 in March, the Governor shall submit to the General Assembly
19 copies of original agency budget requests and all subsequent
20 revised agency budget requests and a State budget and program
21 and financial plan embracing:
22 * * *
23 (5) No later than thirty days following the submission of
24 the budget to the General Assembly, the Governor must submit
25 copies of all proposed legislation necessary for the
26 implementation of his proposed budget for the ensuing fiscal
27 year.
28 Section 2. Section 614 of the act, amended August 14, 1991
29 (P.L.331, No.35), is amended to read:
30 Section 614. List of Employes to be Furnished to Certain
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1 State Officers.--(a) (1) All administrative departments,
2 boards, and commissions and the Attorney General shall on July
3 15 of each year, transmit to the Auditor General, the State
4 Treasurer and Secretary of the Budget a complete list, and to
5 the Legislative Data Processing Center a computer tape of such
6 list, as of July 1 preceding, of the names of all persons,
7 except day-laborers, entitled to receive compensation from the
8 Commonwealth for services rendered in or to the department,
9 board, or commission, as the case may be. [Such list]
10 (2) The Auditor General shall on July 15 of each year
11 transmit to the State Treasurer and the Secretary of the Budget
12 a complete list, and to the Legislative Data Processing Center a
13 computer tape of such list, as of July 1 preceding, of the names
14 of all persons, except day-laborers, entitled to receive
15 compensation from the Commonwealth for services rendered in or
16 to the Auditor General.
17 (3) The State Treasurer shall on July 15 of each year
18 transmit to the Auditor General and the Secretary of the Budget
19 a complete list, and to the Legislative Data Processing Center a
20 computer tape of such list, as of July 1 preceding, of the names
21 of all persons, except day-laborers, entitled to receive
22 compensation from the Commonwealth for services rendered in or
23 to the State Treasurer.
24 (4) The lists under clauses (1), (2) and (3) shall show the
25 position occupied by each such person, the date of birth and
26 voting residence of such person, the salary at which or other
27 basis upon which such person is entitled to be paid, the date
28 when such person entered the service of the Commonwealth,
29 whether such person has been continuously employed by the
30 Commonwealth since that date, and all periods of service and
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1 positions held as an employe of the Commonwealth, or such part
2 of such information as the Governor may prescribe.
3 (b) (1) No later than the 15th of each month thereafter,
4 the Attorney General, the heads of the several administrative
5 departments, and the several independent administrative boards
6 and commissions, shall certify to the Auditor General, the State
7 Treasurer and the Secretary of the Budget any changes in the
8 annual list of employes last transmitted to them which shall
9 have occurred during the preceding month [and shall provide to
10 the Legislative Data Processing Center a computer tape of such
11 changes.]
12 (2) Each month thereafter, the Auditor General shall certify
13 to the State Treasurer and the Secretary of the Budget any
14 changes in the annual list of employes last transmitted to them
15 which shall have occurred during the preceding month.
16 (3) Each month thereafter, the State Treasurer shall certify
17 to the Auditor General and the Secretary of the Budget any
18 changes in the annual list of employes last transmitted to them
19 which shall have occurred during the preceding month.
20 (4) Each month thereafter, all administrative departments,
21 boards and commissions, the Attorney General, the Auditor
22 General and the State Treasurer shall transmit a computer tape
23 of the changes under clauses (1), (2) and (3) to the Legislative
24 Data Processing Center.
25 (c) The information received by the Auditor General, the
26 State Treasurer and the Secretary of the Budget, under this
27 section, shall be public information.
28 Section 3. Section 615(a) and (d) of the act, added
29 September 27, 1978 (P.L.775, No.149) and August 14, 1991
30 (P.L.331, No.35), are amended to read:
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1 Section 615. Estimates of Current Expenditures by
2 Departments, Boards and Commissions.--(a) Each administrative
3 department, board and commission, except the departments of
4 which the Auditor General, the State Treasurer and the Attorney
5 General are respectively the heads, shall from time to time, as
6 requested by the Governor, prepare and submit to the Secretary
7 of the Budget, for approval or disapproval, an estimate of the
8 amount of money required and the levels of activity and
9 accomplishment for each program carried on by each department,
10 board or commission, during the ensuing month, quarter, or such
11 other period as the Governor shall prescribe. All available
12 Federal funds and funds from other sources shall be
13 characterized as such and shall be included in the estimated
14 expenditures which must be submitted to the Secretary of the
15 Budget before any expenditures therefrom may be made. If such
16 estimates do not meet with the approval of the Secretary of the
17 Budget, it shall be revised as necessary and resubmitted for
18 approval. The approved rebudget for each administrative
19 department, board and commission subject to this section shall
20 be submitted to the General Assembly within ninety (90) days
21 following enactment of the budget for the current fiscal year.
22 The Secretary of the Budget may establish an authorized
23 personnel complement level in conjunction with the approved
24 expenditure estimate.
25 * * *
26 (d) The Secretary of the Budget shall not, under his
27 authority pursuant to this section, reserve, disapprove or
28 reduce any amount appropriated by the General Assembly for
29 grants and subsidies without giving ten (10) days' prior notice
30 to the Majority and Minority [Chairmen] Chairs of the
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1 Appropriations Committees of the Senate and the House of
2 Representatives, for their review and comment. Such notice shall
3 include the amount of the appropriation to be reduced or
4 disapproved, the reasons why the appropriation should be reduced
5 or disapproved and the estimated impact of such reduction or
6 disapproval on the programs, services or purposes for which the
7 appropriation is provided.
8 Section 4. Sections 618, 619 and 620 of the act, added
9 September 27, 1978 (P.L.775, No.149), are amended to read:
10 Section 618. Revenue Estimates.--(a) The Department of
11 Revenue in conjunction with the Secretary of the Budget shall
12 make revenue estimates for the use of the Governor in preparing
13 the budget with periodic revisions until the final estimate is
14 signed by the Governor not later than the time he signs the
15 general appropriation bill. The revenue estimates used to sign
16 any appropriation bill shall show separately State revenues,
17 Federal funds, and, if specifically appropriated, funds from
18 other sources. The Governor shall item veto any part of any
19 appropriation bill that causes total appropriations to exceed
20 the official estimate plus any unappropriated surplus. No
21 changes in the revenue estimates shall be made thereafter unless
22 changes in statutes affecting revenues and receipts are enacted.
23 (b) The revenue estimates shall be prepared in a way that
24 they are subject to complete and thorough oversight by the
25 Appropriations Committees of the Senate and the House of
26 Representatives and the Independent Revenue Forecasting Board
27 with full knowledge of all data, assumptions, and econometric
28 models which were used to develop the projections and any
29 subsequent revisions of these projections.
30 (c) A committee consisting of the Governor, the Secretary of
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1 the Budget, the Secretary of Revenue [and the Chairmen], the
2 Chairs of the Appropriations Committees of the Senate and the
3 House of Representatives and the Chair of the Independent
4 Revenue Forecasting Board is hereby established to oversee the
5 development, maintenance and/or use of econometric models which
6 may be applied in the forecasting of State revenues. A model or
7 models shall be developed for this purpose in the event that one
8 does not currently exist. The Governor's Office shall maintain
9 and update the model or models or appoint an appropriate agency
10 or agencies to perform this responsibility. The Governor's
11 Office shall inform the Oversight Committee of any changes to be
12 made to the model or models to keep it updated. The equations of
13 the model or models and any historic data bases related thereto
14 shall be available to any member of the Oversight Committee or
15 to the Minority [Chairman] Chair of the Appropriations Committee
16 of the Senate or House of Representatives upon request at any
17 time for any reason. Members of the Oversight Committee or the
18 Minority [Chairman] Chair of the Appropriations Committee of the
19 Senate or the House of Representatives may request the
20 Governor's Office or the appropriate agency to run the model or
21 models for any purpose including the testing of new equations
22 and to produce forecasts. Forecasts produced by the model or
23 models and any forecasted data bases related thereto shall be
24 kept confidential by the Governor's Office and the appropriate
25 agency or agencies producing these forecasts until or unless the
26 individual requesting such forecast shall release them from this
27 requirement. In no way shall this confidentiality provision be
28 construed to prevent access by the Appropriations Committees of
29 the Senate or House of Representatives or the Independent
30 Revenue Forecasting Board to forecasts used in the preparation
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1 of the Governor's revenue estimates after the presentation of
2 the budget as required in section 619(b).
3 Section 619. Transmission of Budget Information to the
4 General Assembly.--(a) In December of each year, the Governor
5 shall meet with the Majority and Minority [Chairmen] Chairs of
6 the Appropriations Committees and the officers of the General
7 Assembly to brief the legislative leadership on the issues he
8 can foresee as being imminent in the budget for the next fiscal
9 year and exchange views with them on issues on the budget before
10 it is formally submitted to the General Assembly. The Governor's
11 briefing shall include:
12 (1) Major anticipated increases or decreases in programs.
13 (2) The results or anticipated results of employee union
14 negotiations for salaries, wages and other benefits.
15 (3) The statistics involved in preliminary forecasts of the
16 major programs mandated by statute such as education subsidies,
17 all public assistance programs, debt service and forecasts of
18 revenue.
19 (4) Other appropriate budget information.
20 The legislative officers shall also inform the Governor of
21 financial matters which should be considered in the budget.
22 (a.1) At the same time that the Governor presents the budget
23 to the General Assembly, the Governor shall, as provided in
24 section 2808-D, present a documented revenue forecast as defined
25 in section 2801-D.
26 (b) In the year the Governor is inaugurated, the Governor
27 shall present the budget to the General Assembly no later than
28 the first full week in March and in other years, no later than
29 the first full week in February.
30 (c) The budget shall include the results of any program
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1 evaluation report completed by the Budget Office in the fiscal
2 year preceding the year in which the budget request is made. The
3 results of the evaluation report and its recommendations shall
4 be summarized and included in the budget documentation.
5 (d) The Governor and each department or agency of the
6 Commonwealth, upon request of the [Chairman] Chair of the
7 Appropriations Committees of either the Senate or the House of
8 Representatives, shall provide documentation of any budget
9 request, including revenue estimates upon which the Governor's
10 budget estimate is based.
11 Section 620. Budget Implementation Data.--(a) The Governor
12 shall make monthly expenditure data available to the Majority
13 and Minority [Chairmen] Chairs of the Appropriations Committees
14 of the Senate and the House of Representatives. Monthly data
15 shall be provided within fifteen (15) days after the end of each
16 month. The monthly data shall be prepared in such a way that the
17 last monthly submission is a summary inclusive of the preceding
18 months of the fiscal year and shall be usable to establish a
19 history of expenditure file. This data, at the discretion of the
20 Majority and Minority [Chairmen] Chairs of the Appropriations
21 Committees of the Senate and the House of Representatives may be
22 provided either in finished reports or on computer tapes. The
23 data shall be provided by fund, by appropriation, by department
24 and by organization within each department and shall include:
25 (1) Number of filled personnel positions and their cost.
26 (2) Itemized personnel vacancies and their cost.
27 (3) New positions created and their cost.
28 (4) Wage and overtime costs.
29 (5) Allotments and expenditures for itemized personnel
30 expenses.
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1 (6) Allotments and expenditures for itemized operating
2 expenses.
3 (7) Allotments and expenditures for itemized fixed assets.
4 (8) The rate of expenditures in appropriations for major
5 subsidy and grant programs during the month.
6 In addition to the above specified budgetary data, the Governor
7 shall make available any other budgetary data as may be
8 requested from time to time by the Majority and Minority
9 [Chairmen] Chairs of the Appropriations Committees of the Senate
10 and the House of Representatives.
11 (b) The Governor shall make monthly revenue reports to the
12 Majority and Minority [Chairmen] Chairs of the Appropriations
13 Committees of the Senate and the House of Representatives and
14 the Independent Revenue Forecasting Board. The revenue reports
15 shall show the actual collection of revenue itemized by source
16 and a comparison of the actual collections with estimated
17 collections for each month. The comparison shall be accompanied
18 by an analysis which would indicate any change in collection
19 patterns which will cause a shortfall or overrun on the annual
20 estimates of more than one per centum (1%).
21 (c) The Governor shall cause to be prepared any other
22 revenue data as may be requested from time to time by the
23 Majority or Minority [Chairmen] Chairs of the Appropriations
24 Committees of the Senate or the House of Representatives and to
25 the Chair of the Independent Revenue Forecasting Board.
26 Section 5. Section 620.1 of the act, added August 14, 1991
27 (P.L.331, No.35), is amended to read:
28 Section 620.1. Electronic Access of Information.--Except for
29 confidential information, the Majority and Minority [Chairmen]
30 Chairs of the Appropriations Committees of the Senate and House
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1 of Representatives and the Chair of the Independent Revenue
2 Forecasting Board shall have access to all information available
3 on inquiry-only screens through the Integrated Central System.
4 Section 6. The act is amended by adding an article to read:
5 ARTICLE XXVIII-D
6 POWERS AND DUTIES OF THE INDEPENDENT REVENUE
7 FORECASTING BOARD
8 Section 2801-D. Definitions.--The following words and
9 phrases when used in this article shall have the meanings given
10 to them in this section unless the context clearly indicates
11 otherwise:
12 "Board" means the Independent Revenue Forecasting Board.
13 "Cash grant" means cash assistance grants as provided under
14 the act of June 13, 1967 (P.L.31, No.21), known as the "Public
15 Welfare Code."
16 "Chairs of the Appropriations Committees" means the Majority
17 Chair and the Minority Chair of the Appropriations Committee of
18 the Senate and the Majority Chair and the Minority Chair of the
19 Appropriations Committee of the House of Representatives.
20 "Council" means the Economic Advisory Council.
21 "Documented revenue forecast" means revenue estimates for the
22 current and succeeding two fiscal years accompanied by
23 supporting documentation which is sufficient for an individual
24 to independently replicate and verify the forecast. Supporting
25 documentation includes, but is not limited to:
26 (1) All reference and data sources used to prepare the
27 revenue forecast.
28 (2) Economic growth assumptions accompanied with supporting
29 rationale.
30 (3) A printout of all historical and forecast data used,
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1 including the effective rate of taxes.
2 (4) A printout of all adjustments to historical and forecast
3 data accompanied with supporting rationale where the rationale
4 includes, but is not limited to, a discussion of adjustments due
5 to statutory changes, litigation, and administrative practices.
6 (5) All models used, including econometric, structural and
7 cash flow models.
8 (6) All formulas and calculations used to be accompanied
9 with supporting rationale.
10 "Medical assistance" means medical assistance as provided
11 under the act of June 13, 1967 (P.L.31, No.21), known as the
12 "Public Welfare Code."
13 "Official estimate" means the official estimate as required
14 under section 618(a) for General Fund revenue.
15 "Revenue" means the income sources for the General Fund.
16 Section 2802-D. Creation of Board.--The Independent Revenue
17 Forecasting Board is hereby created as an independent advisory
18 board.
19 Section 2803-D. Purpose of Board.--The board shall prepare
20 periodic advisory revenue estimates and reports and act as an
21 advisor to the Governor, the General Assembly and the public
22 concerning the following:
23 (1) Revenue forecasts.
24 (2) Economic conditions in this Commonwealth.
25 (3) Trends in medical assistance and cash grant caseloads
26 due to economic conditions.
27 (4) Other information or analysis which the Governor or the
28 Chairs of the Appropriations Committees may request or as may be
29 required by law.
30 Section 2804-D. Board Membership.--(a) (1) The board shall
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1 consist of nine members.
2 (2) The Governor shall appoint one member of the board and
3 each of the Chairs of the Appropriations Committees shall
4 appoint one member of the board. The appointments under this
5 clause shall be made within sixty (60) days of the effective
6 date of this section.
7 (3) The five appointments under clause (2) shall appoint
8 four additional members to the board. The five board
9 appointments must unanimously approve each of the four
10 additional members. The additional four board members shall be
11 appointed within one hundred twenty (120) days of the effective
12 date of this section.
13 (4) The board shall by a vote of six of the nine members
14 elect one of the four additional members to serve as chair of
15 the board.
16 (5) Whenever a vacancy occurs on the board, whether prior to
17 or at the expiration of a term, the vacancy shall be filled
18 within sixty (60) days. All successors shall be appointed by the
19 same appointing authority as the members whom they are
20 replacing.
21 (b) (1) All members of the board shall have at least a
22 four-year degree from a college or university, experience in tax
23 policy, and at least five years' experience in statistics,
24 economics or accounting. At least three members of the board
25 shall hold a Ph.D. in economics and have a minimum of five
26 years' professional economic forecasting experience. At least
27 one member shall be a certified public accountant with ten years
28 of professional accounting experience which includes at least
29 five years of corporate tax accounting experience. At least one
30 member shall be a certified public accountant with ten years of
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1 accounting experience which includes at least five years'
2 personal income tax accounting experience.
3 (2) A member of the board may not be a lobbyist as defined
4 under the act of September 30, 1961 (P.L.1778, No.72), known as
5 the "Lobbying Registration and Regulation Act."
6 (3) A board member may not be an employe of the executive,
7 legislative or judicial branch of State government.
8 (4) The board members shall not seek or hold a position as
9 any other public official within this Commonwealth or as a party
10 officer while a member of the board. The board members shall not
11 seek election as public officials or party officers for one year
12 after their service with the board. The board members may serve
13 as appointed public officials any time after their period of
14 service with the board.
15 (c) Except as otherwise provided, the board members shall
16 serve a four-year term. Of the nine initial appointments, two
17 shall be appointed for a term of two years, three for a term of
18 three years and four for a term of four years. The chair of the
19 board, whose initial term shall be for four years, shall have
20 the other appointees draw lots to determine which length of
21 initial term each of them shall serve. Any person appointed to
22 fill a vacancy occurring prior to the expiration of a term shall
23 serve the unexpired term. A board member may be reappointed to
24 serve subsequent terms. If the chair shall become vacant, the
25 board shall elect a new chair as provided in subsection (a)(4).
26 Section 2805-D. Compensation and Expenses of Board
27 Members.--The members of the board shall receive reimbursement
28 for actual and necessary expenses incurred while performing the
29 business of the board.
30 Section 2806-D. Powers and Duties of Board.--(a) The board
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1 may expend such appropriated funds as are necessary to perform
2 the function provided for in this article.
3 (b) The board shall meet as frequently as it deems
4 appropriate, but at least once during each quarter of the fiscal
5 year. Except as otherwise provided by law, the chair shall be
6 responsible for calling meetings of the board and shall set a
7 date, time and place for such meetings. The member appointed by
8 the Governor shall set a date, time and place for the initial
9 organizational meetings of the board within ten (10) days after
10 the completion of the initial five appointments and within ten
11 (10) days after the completion of the remaining four
12 appointments. In addition the chair shall call a meeting of the
13 board if a request for such meeting is submitted to the
14 chairperson by at least three members of the board.
15 (c) (1) The chair shall, when present, preside at all
16 meetings. In the chair's absence, a member designated by the
17 board shall preside. Any actions of the chair are subject in
18 every case to majority approval of the board.
19 (2) Five of the members who compose the board shall
20 constitute a quorum for the purpose of conducting the business
21 of the board and for all other purposes except as otherwise
22 provided.
23 (d) The board shall hire an executive director to aid in
24 carrying out the powers and duties of the board. The chair
25 shall, upon the approval of a majority of the members who
26 compose the board, delegate to the executive director such
27 powers of the board as the chair shall deem necessary to carry
28 out the purposes of the board, subject in every case to the
29 supervision and control of the board. The initial appointment of
30 the executive director shall take place within sixty (60) days
19930H0589B3903 - 17 -
1 after all initial appointments to the board. The executive
2 director shall not seek or hold a position as any other public
3 official within this Commonwealth or as a party officer while
4 filling the position of executive director. The executive
5 director shall not seek election as a public official or party
6 officer for one year after service with the board. The executive
7 director may serve as an appointed public official any time
8 after his period of service with the board. The executive
9 director shall hire support staff as deemed necessary to carry
10 out the duties and requests of the board. The initial chair of
11 the board shall use the staff of the Governor's Office until the
12 executive director has hired necessary support staff.
13 (e) The board shall prepare a documented revenue forecast
14 and an analysis of how that documented revenue forecast compares
15 with the official estimate. Part of the analysis shall include a
16 comparison of the documented revenue forecast with the monthly
17 breakout of the official estimate as required under section
18 620(b). In addition, the board shall also provide to the public
19 a summary of such information presented in a manner which a lay
20 person can understand. The board shall meet to approve such
21 information by a majority vote before the information is
22 released. Except as otherwise provided, the board shall make
23 such information available in printed form to the Governor,
24 Chairs of the Appropriations Committees and the public by the
25 following dates: July 15, October 15, January 15, April 15, June
26 15 and at any other time that the board deems necessary. For
27 purposes of this subsection, publication in the Pennsylvania
28 Bulletin within one week of the due date shall be sufficient to
29 meet the public reporting requirement. The board shall make the
30 initial report on such information available within one hundred
19930H0589B3903 - 18 -
1 fifty (150) days following the appointment of the executive
2 director. The board shall analyze the documented revenue
3 forecasts which the Governor and Chairs of the Appropriations
4 Committees submit to the board as required under section 2808-D.
5 The board shall insure that the documented revenue forecasts are
6 a matter of public record. The board shall act in an advisory
7 capacity and provide responses in confidence to individual
8 requests concerning revenue forecasts, revenue proposals or
9 revenue analysis upon the request of the Governor or the Chairs
10 of the Appropriations Committees. The board must keep answers to
11 such requests confidential until the individual requesting such
12 responses shall release the board from this confidentiality
13 requirement.
14 (f) (1) The board shall project and analyze caseloads in
15 and utilization of medical assistance and caseloads in cash
16 grant programs based on economic trends. The board shall meet to
17 approve all such information by a majority vote before the
18 information is released. The board shall report such information
19 in printed form including supporting rationale and documentation
20 to the Governor, Chairs of the Appropriations Committees and the
21 public by the following dates: July 15, October 15, January 15,
22 April 15, June 15 and at any other time that the board deems
23 necessary. For purposes of this subsection, publication in the
24 Pennsylvania Bulletin within one week of the due date shall be
25 sufficient to meet the public reporting requirement.
26 (2) The board shall act in an advisory capacity and provide
27 confidential responses to individual requests concerning
28 caseloads in and utilization of Medical Assistance and caseloads
29 in cash grant programs upon the request of the Governor or the
30 Chairs of the Appropriations Committees. The board must keep
19930H0589B3903 - 19 -
1 answers to such requests confidential until the individual
2 requesting such responses shall release the board from this
3 confidentiality requirement.
4 Section 2807-D. Economic Advisory Council.--(a) The
5 Economic Advisory Council is established to act in an advisory
6 capacity to the board concerning economic conditions in this
7 Commonwealth and revenue forecasts whenever the board calls upon
8 them to do so. The council shall meet with the board at least
9 once during each quarter of the fiscal year.
10 (b) The council shall consist of seven members. The board
11 shall appoint each member for a two-year term based upon a
12 majority vote. Whenever a vacancy occurs on the council, whether
13 prior to or at the expiration of a term, the vacancy shall be
14 filled within sixty (60) days. Any person appointed to fill a
15 vacancy occurring prior to the expiration of a term shall serve
16 the unexpired term. The council shall consist of a
17 representative from each of the following sectors: labor,
18 manufacturing, banking, nonbanking financial services, retail,
19 public utilities and one other area which the board deems
20 appropriate. Each representative must be a practitioner of
21 economics, statistics or accounting in their respective sector.
22 (c) Members of the council shall not seek or hold a position
23 as any other public official within this Commonwealth or as a
24 party officer while a member of the council. The council members
25 shall not seek election as public officials or party officers
26 for one year after their service with the council. The council
27 members may serve as appointed public officials any time after
28 their period of service with the council. A member of the
29 council may not be a lobbyist as defined under the act of
30 September 30, 1961 (P.L.1778, No.712), known as the "Lobbying
19930H0589B3903 - 20 -
1 Registration and Regulation Act." A board member of the council
2 may not be an employe of the executive, legislative or judicial
3 branch of State government.
4 Section 2808-D. Duties of the Governor, Secretary of
5 Revenue, Secretary of Public Welfare and Chairs of the
6 Appropriations Committees.--(a) The Governor shall submit to
7 the board a documented revenue forecast with the submission of
8 the Executive Budget as required under section 613. The Chairs
9 of the Appropriations Committees shall submit to the board a
10 documented revenue forecast when their respective budgets are
11 introduced as required under the act of , 1993 (P.L.
12 , No. ) known as the "Budget Reform Act."
13 (b) In order to facilitate the board in carrying out its
14 duties under section 2806-D(e) the Secretary of Budget and
15 Secretary of Revenue shall make available to the board all
16 information and reports used for generating revenue forecasts.
17 In order to facilitate the board in carrying out its duties
18 under section 2806-D(f) the Secretary of the Budget and the
19 Secretary of Public Welfare shall make available to the board
20 all information and reports used for analysis of Medical
21 Assistance and cash grants including caseload, utilization and
22 payment data.
23 Section 7. This act shall take effect immediately.
24 SECTION 1. SECTION 614-A OF THE ACT OF APRIL 9, 1929 <--
25 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
26 AMENDED JULY 1, 1990 (P.L.277, NO.67), IS AMENDED TO READ:
27 SECTION 614-A. LIQUOR CONTROL BOARD.--THE PENNSYLVANIA
28 LIQUOR CONTROL BOARD IS AUTHORIZED TO CHARGE FEES FOR THE
29 FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
30 (1) HOTEL, RESTAURANT LIQUOR LICENSES:
19930H0589B3903 - 21 -
1 (I) APPLICATION FILING FEE............... $700.00
2 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
3 (III) [LICENSE] ANNUAL LICENSE FEE:
4 (A) MUNICIPALITIES, POPULATION LESS
5 THAN 1,500....................... 250.00
6 (B) MUNICIPALITIES, EXCEPT TOWNSHIPS,
7 POPULATION 1,500 - 9,999......... 300.00
8 (C) MUNICIPALITIES, TOWNSHIPS, POPU-
9 LATION 1,500 - 11,999............ 300.00
10 (D) MUNICIPALITIES, EXCEPT TOWNSHIPS,
11 POPULATION 10,000 - 49,999....... 400.00
12 (E) MUNICIPALITIES, TOWNSHIPS, POPU-
13 LATION 12,000 - 49,999........... 400.00
14 (F) MUNICIPALITIES, POPULATION 50,000 -
15 99,999........................... 500.00
16 (G) MUNICIPALITIES, POPULATION 100,000
17 - 149,999........................ 600.00
18 (H) MUNICIPALITIES, POPULATION 150,000
19 OR MORE.......................... 700.00
20 (IV) TRANSFER FEE:
21 (A) PERSON TO PERSON................. 650.00
22 (B) PLACE TO PLACE................... 550.00
23 (C) DOUBLE TRANSFER.................. 700.00
24 (2) HOTEL OR RETAIL DISPENSER - EATING PLACE
25 MALT OR BREWED BEVERAGE LICENSES:
26 (I) APPLICATION FILING FEE............... 700.00
27 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
28 (III) [LICENSE] ANNUAL LICENSE FEE:
29 (A) MUNICIPALITIES, POPULATION LESS
30 THAN 10,000...................... 200.00
19930H0589B3903 - 22 -
1 (B) MUNICIPALITIES, POPULATION 10,000
2 - 49,999......................... 250.00
3 (C) MUNICIPALITIES, POPULATION 50,000
4 - 99,999......................... 300.00
5 (D) MUNICIPALITIES, POPULATION 100,000
6 - 149,999........................ 350.00
7 (E) MUNICIPALITIES, POPULATION 150,000
8 OR MORE.......................... 400.00
9 (IV) TRANSFER FEE:
10 (A) PERSON TO PERSON................. 650.00
11 (B) PLACE TO PLACE................... 550.00
12 (C) DOUBLE TRANSFER.................. 700.00
13 (3) CLUBS (EXCEPT CATERING) LIQUOR LICENSES:
14 (I) APPLICATION FILING FEE............... 700.00
15 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
16 (III) [LICENSE] ANNUAL LICENSE FEE....... 150.00
17 (IV) TRANSFER FEE:
18 (A) PERSON TO PERSON................. 650.00
19 (B) PLACE TO PLACE................... 550.00
20 (C) DOUBLE TRANSFER.................. 700.00
21 (4) CLUB MALT OR BREWED BEVERAGE LICENSES:
22 (I) APPLICATION FILING FEE............... 700.00
23 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
24 (III) [LICENSE] ANNUAL LICENSE FEE....... 125.00
25 (IV) TRANSFER FEE:
26 (A) PERSON TO PERSON................. 650.00
27 (B) PLACE TO PLACE................... 550.00
28 (C) DOUBLE TRANSFER.................. 700.00
29 (5) REGISTRATION OF AGENTS; DISTILLERY CERTIFI-
30 CATE BROKER:
19930H0589B3903 - 23 -
1 (I) APPLICATION FILING FEE............... 65.00
2 (II) RENEWAL/VALIDATION FILING FEE....... 65.00
3 (6) AMUSEMENT PERMIT LIQUOR:
4 (I) [PERMIT] ANNUAL PERMIT FEE........... 1/5 ANNUAL
5 LICENSE FEE
6 (7) AMUSEMENT PERMIT MALT BEVERAGE:
7 (I) [PERMIT] ANNUAL PERMIT FEE........... 1/5 ANNUAL
8 LICENSE FEE
9 (8) BAILEE FOR HIRE:
10 (I) APPLICATION FILING FEE............... 700.00
11 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
12 (III) [LICENSE] ANNUAL LICENSE FEE
13 (PRORATED QUARTERLY)............... 265.00
14 (9) BONDED WAREHOUSE:
15 (I) APPLICATION FILING FEE............... 700.00
16 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
17 (III) [LICENSE] ANNUAL LICENSE FEE
18 (PRORATED QUARTERLY)............... 265.00
19 (10) BREWERY LICENSE:
20 (I) APPLICATION FILING FEE............... 700.00
21 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
22 (III) [LICENSE] ANNUAL LICENSE FEE
23 (PRORATED QUARTERLY)............... 1,425.00
24 (IV) TRANSFER FEE:
25 (A) PERSON TO PERSON................. 650.00
26 (B) PLACE TO PLACE................... 550.00
27 (C) DOUBLE TRANSFER.................. 700.00
28 (11) DISTILLERY LICENSE:
29 (I) APPLICATION FILING FEE............... 700.00
30 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
19930H0589B3903 - 24 -
1 (III) [LICENSE] ANNUAL LICENSE FEE
2 (PRORATED QUARTERLY ON VOLUME)..... 5,400.00
3 (12) DISTILLERY CERTIFICATE BROKER PERMIT:
4 (I) APPLICATION FILING FEE............... 700.00
5 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
6 (III) [PERMIT] ANNUAL PERMIT FEE... 175.00
7 (13) DISTILLERY OF HISTORICAL SIGNIFICANCE:
8 (I) APPLICATION FILING FEE............... 700.00
9 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
10 (III) [LICENSE] ANNUAL LICENSE FEE
11 (PRORATED QUARTERLY)............... 5,400.00
12 (14) IMPORTER'S LIQUOR LICENSE:
13 (I) APPLICATION FILING FEE............... 700.00
14 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
15 (III) [LICENSE] ANNUAL LICENSE FEE....... 265.00
16 (IV) TRANSFER FEE:
17 (A) PERSON TO PERSON................. 650.00
18 (B) PLACE TO PLACE................... 550.00
19 (C) DOUBLE TRANSFER.................. 700.00
20 (15) IMPORTER'S WAREHOUSE LICENSE:
21 (I) APPLICATION FILING FEE, EACH
22 WAREHOUSE............................ 700.00
23 (II) RENEWAL/VALIDATION FILING FEE,
24 EACH WAREHOUSE...................... 30.00
25 (III) [LICENSE] ANNUAL LICENSE FEE,
26 EACH WAREHOUSE..................... 65.00
27 (16) LIMITED WINERY:
28 (I) APPLICATION FILING FEE............... 700.00
29 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
30 (III) [LICENSE] ANNUAL LICENSE FEE
19930H0589B3903 - 25 -
1 (PRORATED QUARTERLY)............... 385.00
2 (17) MALT BEVERAGE DISTRIBUTOR:
3 (I) APPLICATION FILING FEE............... 700.00
4 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
5 (III) [LICENSE] ANNUAL LICENSE FEE....... 600.00
6 (IV) TRANSFER FEE:
7 (A) PERSON TO PERSON................. 650.00
8 (B) PLACE TO PLACE................... 550.00
9 (C) DOUBLE TRANSFER.................. 700.00
10 (18) MALT BEVERAGE IMPORTING DISTRIBUTOR:
11 (I) APPLICATION FILING FEE............... 700.00
12 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
13 (III) [LICENSE] ANNUAL LICENSE FEE....... 1,350.00
14 (IV) TRANSFER FEE:
15 (A) PERSON TO PERSON................. 650.00
16 (B) PLACE TO PLACE................... 550.00
17 (C) DOUBLE TRANSFER.................. 700.00
18 (19) PERFORMING ARTS FACILITY LICENSE:
19 (I) APPLICATION FILING FEE............... 700.00
20 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
21 (III) [LICENSE] ANNUAL LICENSE FEE....... 675.00
22 (20) PUBLIC SERVICE LIQUOR LICENSE:
23 (I) APPLICATION FILING FEE............... 700.00
24 (II) RENEWAL/VALIDATION FILING FEE....... 40.00
25 (III) [LICENSE] ANNUAL LICENSE FEE,
26 RAILROAD CARS, PER CAR............. 65.00
27 (IV) [LICENSE] ANNUAL LICENSE FEE,
28 STEAMSHIP OR VESSEL, PER VESSEL..... 260.00
29 (V) [LICENSE] ANNUAL LICENSE FEE,
30 PER AIR CARRIER...................... 260.00
19930H0589B3903 - 26 -
1 (VI) TRANSFER FEE, RAILROAD CAR, STEAMSHIP
2 OR VESSEL OR PER AIR CARRIER........ 55.00
3 (21) PUBLIC SERVICE LICENSE MALT BEVERAGE:
4 (I) APPLICATION FILING FEE............... 700.00
5 (II) RENEWAL/VALIDATION FILING FEE....... 40.00
6 (III) [LICENSE] ANNUAL LICENSE FEE,
7 RAILROAD CARS, PER CAR............. 40.00
8 (IV) [LICENSE] ANNUAL LICENSE FEE,
9 STEAMSHIP OR VESSEL, PER VESSEL..... 160.00
10 (V) [LICENSE] ANNUAL LICENSE FEE,
11 PER AIR CARRIER...................... 55.00
12 (VI) TRANSFER FEE, RAILROAD CAR, STEAMSHIP
13 OR VESSEL OR PER AIR CARRIER........ 55.00
14 (22) SACRAMENTAL WINE LICENSE:
15 (I) APPLICATION FILING FEE............... 700.00
16 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
17 (III) [LICENSE] ANNUAL LICENSE FEE....... 265.00
18 (IV) TRANSFER FEE........................ 45.00
19 (23) SALES PERMIT; RECIPROCAL:
20 (I) [PERMIT] ANNUAL PERMIT FEE........... TO BE SET BY
21 BOARD NOT TO
22 EXCEED
23 5,000.00
24 (24) SPECIAL OCCASION PERMIT:
25 (I) [PERMIT] ANNUAL PERMIT FEE,
26 LIQUOR OR MALT OR BREWED
27 BEVERAGES, PER DAY:
28 (A) NO INVESTIGATION................. 30.00
29 (B) INVESTIGATION.................... 85.00
30 (25) STADIUM RESTAURANT LIQUOR LICENSE:
19930H0589B3903 - 27 -
1 (I) APPLICATION FILING FEE............... 700.00
2 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
3 (III) [LICENSE] ANNUAL LICENSE FEE....... 700.00
4 (26) STADIUM AND ARENA MALT BEVERAGE
5 LICENSE:
6 (I) APPLICATION FILING FEE............... 700.00
7 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
8 (III) [LICENSE] ANNUAL LICENSE FEE....... 150.00
9 (27) SUNDAY SALES LIQUOR:
10 (I) [PERMIT] ANNUAL PERMIT FEE........... 300.00
11 (28) SUNDAY SALES MALT BEVERAGE:
12 (I) [PERMIT] ANNUAL PERMIT FEE........... 300.00
13 (29) TRADE SHOW AND CONVENTION LIQUOR LICENSE:
14 (I) APPLICATION FILING FEE............... 700.00
15 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
16 (III) [LICENSE] ANNUAL LICENSE FEE....... 675.00
17 (IV) TRANSFER FEE:
18 (A) PERSON TO PERSON................. 650.00
19 (B) PLACE TO PLACE................... 550.00
20 (C) DOUBLE TRANSFER.................. 700.00
21 (30) TRANSPORTER FOR HIRE; CLASS A AND C:
22 (I) APPLICATION FILING FEE............... 700.00
23 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
24 (III) [LICENSE] ANNUAL LICENSE FEE....... 265.00
25 (31) TRANSPORTER FOR HIRE; CLASS B:
26 (I) APPLICATION FILING FEE............... 700.00
27 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
28 (III) [LICENSE] ANNUAL LICENSE FEE....... 160.00
29 (32) VENDOR'S PERMIT:
30 (I) APPLICATION FILING FEE............... 700.00
19930H0589B3903 - 28 -
1 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
2 (III) [PERMIT] ANNUAL PERMIT FEE......... 265.00
3 (33) WINERY:
4 (I) APPLICATION FILING FEE............... 700.00
5 (II) RENEWAL/VALIDATION FILING FEE....... 30.00
6 (III) [LICENSE] ANNUAL LICENSE FEE
7 (PRORATED QUARTERLY)............... 385.00
8 (34) TO BE CREDITED TO THE STATE STORES FUND
9 FROM EACH OF THE FEES COLLECTED FOR HOTEL,
10 RESTAURANT AND CLUB LIQUOR LICENSES AND
11 RETAIL DISPENSERS' LICENSES BOTH MALT AND
12 BREWED BEVERAGES........................ 100.00
13 (35) MALT OR BREWED BEVERAGE BRAND
14 REGISTRATION:
15 (I) [FILING] ANNUAL FILING FEE
16 (PER BRAND).............................. 75.00
17 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 2125. FURTHER EXCEPTIONS TO CERTIFICATE OF NEED.--
19 NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JULY 19, 1979
20 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT," IN
21 1993 THE GENERAL ASSEMBLY FOUND THERE WAS A NEED FOR THE
22 CONSTRUCTION OF A PEDIATRIC HOSPITAL IN PHILADELPHIA BY TEMPLE
23 UNIVERSITY, A STATE-RELATED INSTITUTION OF HIGHER EDUCATION, TO
24 INCLUDE THE RELOCATION AND REPLACEMENT OF A CHILDREN'S HOSPITAL
25 IN PHILADELPHIA KNOWN AS THE SHRINERS HOSPITAL FOR CRIPPLED
26 CHILDREN. THE DEPARTMENT OF HEALTH SHALL NOT REQUIRE A
27 CERTIFICATE OF NEED FOR THE PEDIATRIC UNIT CONSTRUCTION PROJECT
28 AUTHORIZED IN SECTION 3(2)(V)(H) OF THE ACT OF JULY 2, 1993
29 (P.L.265, NO.47), KNOWN AS THE "CAPITAL PROJECT ITEMIZATION ACT
30 FOR 1993-1994," NOR SHALL THE DEPARTMENT OF HEALTH REQUIRE A
19930H0589B3903 - 29 -
1 CERTIFICATE OF NEED FOR THE RELOCATION AND REPLACEMENT PROJECT
2 OF THE SHRINERS HOSPITAL FOR CRIPPLED CHILDREN, AND BOTH
3 PROJECTS SHALL BE EXEMPT FROM THE CERTIFICATE OF NEED PROVISIONS
4 OF THE "HEALTH CARE FACILITIES ACT."
5 SECTION 3. SECTION 2204-B(2)(III) OF THE ACT IS REPEALED.
6 SECTION 4. THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN
7 AS THE HEALTH CARE FACILITIES ACT, IS REPEALED INSOFAR AS IT IS
8 INCONSISTENT WITH THIS ACT.
9 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
B9L71RZ/19930H0589B3903 - 30 -