PRIOR PRINTER'S NOS. 2521, 3010 PRINTER'S NO. 3098
No. 1944 Session of 1989
INTRODUCED BY COY, SCHULER, COWELL, COLAFELLA, DALEY, BATTISTO,
WASS, KOSINSKI, DAVIES, LESCOVITZ, COLAIZZO, BILLOW, SEMMEL,
MORRIS, PESCI, TIGUE, VAN HORNE, WAMBACH, MELIO, HAYES,
CAWLEY, VEON, MAIALE, HOWLETT, BELARDI, NOYE, FARGO,
CORRIGAN, BELFANTI, BUSH, STEIGHNER, RUDY, HERMAN, NAHILL,
DeWEESE, HERSHEY, MERRY, E. Z. TAYLOR, VROON, LaGROTTA, S. H.
SMITH, FEE, CALTAGIRONE, BURD, BOYES, DOMBROWSKI AND B. D.
CLARK, OCTOBER 4, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 1990
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for the State
6 System of Higher Education to act as both lessor and lessee
7 of property; further providing for maintenance projects and
8 project contracts; further providing for nondiscrimination;
9 and making editorial changes.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2001-A(19) of the act of March 10, 1949
13 (P.L.30, No.14), known as the Public School Code of 1949, added
14 June 23, 1988 (P.L.457, No.77), is amended to read:
15 Section 2001-A. Definitions.--The following words and
16 phrases when used in this article shall, for the purpose of this
17 article, have the following meanings, respectively, except in
18 those instances where the context clearly indicates a different
1 meaning:
2 * * *
3 (19) "Maintenance projects" shall mean those activities,
4 materials, labor and contracts necessary to replace, restore,
5 refurbish or enhance real property which do not alter the
6 architectural or engineering characteristics of the structure,
7 as follows: painting; window repair and replacement; roof repair
8 and replacement; repointing and masonry repair; downspout and
9 gutters; landscaping; roadways, parking facilities, track and
10 athletic court resurfacing and reconstruction; sidewalk and
11 curbing reconstruction and replacement; asbestos abatement (in
12 accordance with all State and Federal statutes and regulations);
13 caulking and insulation; and replacement, reconstruction and
14 construction of non-load bearing interior walls. [The Department
15 of General Services may define additional maintenance projects
16 on a case-by-case basis.] No such project shall affect the
17 structural integrity of any existing facility or utility system.
18 Section 2. Section 2003-A of the act, added November 12,
19 1982 (P.L.660, No.188), is amended to read:
20 Section 2003-A. Purposes and General Powers.--(a) The State
21 System of Higher Education shall be part of the Commonwealth's
22 system of higher education. Its purpose shall be to provide high
23 quality education at the lowest possible cost to the students.
24 The primary mission of the system is the provision of
25 instruction for undergraduate and graduate students to and
26 beyond the master's degree in the liberal arts and sciences and
27 in applied fields, including the teaching profession. Graduate
28 instruction at the doctoral level, except for doctoral programs
29 provided for in the act of December 16, 1965 (P.L.1113, No.430),
30 known as the "Indiana University of Pennsylvania Act," only may
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1 be offered jointly with Indiana University or an institution
2 chartered to offer work at the doctoral level. Programs of
3 research and service may be provided which are approved by the
4 Board of Governors, and which are consistent with the primary
5 mission of the system. Each institution shall provide
6 appropriate educational facilities, student living facilities
7 and such other facilities as deemed necessary by the board.
8 (b) The system is hereby granted and shall have and may
9 exercise all the powers necessary or convenient for the carrying
10 out of the aforesaid purposes, including, but without limiting
11 the generality of the foregoing, the following rights and
12 powers:
13 (1) To have perpetual existence as a corporation.
14 (2) To adopt, use and alter at will a corporate seal.
15 (3) To acquire, purchase, hold, lease as lessee and use any
16 property, real, personal or mixed, tangible or intangible, or
17 any interest therein, lease as lessor any property, real,
18 personal or mixed, tangible or intangible, necessary or
19 desirable for carrying out the purposes of the system, and to
20 sell, [lease as lessor,] transfer and dispose of any property
21 [other than real property], real, personal or mixed, tangible or
22 intangible, or any interest therein at any time acquired by it
23 and to take, demand, receive and possess all moneys, real
24 property and goods which shall be appropriated, given or granted
25 to for the use of the system and to apply the same according to
26 the will of the donors; and by gift, purchase or devise to
27 receive, possess, enjoy and retain forever any and all real and
28 personal estate and funds, of whatsoever kind, nature or quality
29 the same may be, in special trust and confidence that the same,
30 and the profits thereof, shall be applied to and for the use and
19890H1944B3098 - 3 -
1 purpose of endowing the system, and shall have power to receive
2 donations from any source whatever, to be exclusively devoted to
3 the purposes of the system or according to the terms of
4 donation: Provided, however, That the system shall have no power
5 at any time or in any manner, to pledge the credit or taxing
6 power of the Commonwealth, nor shall any of its obligations or
7 debts be deemed to be obligations of the Commonwealth, nor shall
8 the Commonwealth be liable for the payment of principal or
9 interest on such obligations. Nothing herein shall empower the
10 Board of Governors or the chancellor to take or receive any
11 moneys, goods or other property, real or personal, which is
12 given or granted to specific institutions.
13 (c) Collective bargaining agreements in force at the time of
14 enactment of this act shall remain in force for the term of the
15 contract. New collective bargaining agreements with professional
16 employes shall be negotiated on behalf of the system by the
17 chancellor. The board shall make a coalition bargaining
18 arrangement with the Commonwealth for the negotiation of new
19 collective bargaining agreements with noninstructional employes.
20 Section 3. Section 2003-A.1 of the act, added June 23, 1988
21 (P.L.457, No.77), is amended to read:
22 Section 2003-A.1. [Contracts for Maintenance Projects]
23 Project Contracts.--(a) The State System of Higher Education is
24 hereby authorized to execute and administer contracts [without
25 regard to the source of funds necessary for the performance of
26 maintenance projects to the extent that the aggregate project
27 cost for single or multiple contracted work does not exceed one
28 hundred thousand dollars ($100,000). This limit shall be
29 adjusted annually in accordance with the Composite Construction
30 Cost Index established by the Federal Department of Commerce.
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1 Prior to bidding, a contract which exceeds the amount annually
2 authorized by this section shall be presented to the Department
3 of General Services for ninety (90) days for review and approval
4 or disapproval. All contracts, regardless of their amount, shall
5 be recorded with the Department of General Services prior to
6 bidding.] for construction, repair, renovation and maintenance
7 projects within the meaning of section 2401.1 of the act of
8 April 9, 1929 (P.L.177, No.175), known as "The Administrative
9 Code of 1929," including all aspects of project management,
10 design and construction and legal and administrative services
11 related to and necessary for the completion of such projects,
12 except capital projects which are funded by Commonwealth general
13 obligation bonds, capital appropriations or pursuant to Article
14 XVI-B of the act of April 9, 1929 (P.L.343, No.176), known as
15 "The Fiscal Code," unless delegated by the Department of General
16 Services to the system.
17 [(b) Upon the request of the Department of General Services,
18 the State System of Higher Education shall provide updated
19 plans, drawings and specifications for any contracted work.
20 (c) For any projects or contracts involving architectural or
21 engineering considerations or which may affect structural
22 integrity, contract specifications must be reviewed and approved
23 by the Department of General Services.
24 (d) Upon the request of the State System of Higher
25 Education, the Department of General Services shall execute and
26 administer, without charge, contracts for maintenance projects.]
27 (b) The system shall review the work, experience and
28 qualifications of architects and engineers seeking contracts
29 from the system under this section, and on the basis of merit,
30 select and appoint architects and engineers for the design,
19890H1944B3098 - 5 -
1 contract administration and at the system's discretion,
2 inspection, of a project authorized by this section. The board
3 shall give public notice in the manner provided by law of
4 projects which require the services of architects and engineers.
5 The board shall include, but not be limited to, consideration of
6 the following factors in the section of architects and
7 engineers:
8 (1) equitable distribution of contracts among qualified
9 architects and engineers;
10 (2) capability to perform the design and construction
11 services for the contract being considered;
12 (3) geographic proximity of the architect or engineer to the
13 proposed facility;
14 (4) ability of the architect or engineer to furnish the
15 necessary available manpower to perform the services required by
16 the project; and
17 (5) any other related circumstances peculiar to the proposed
18 contract.
19 (c) All contracts, other than contracts for the retention of
20 architects and engineers, authorized by this section which
21 exceed five thousand dollars ($5,000) shall be advertised in the
22 manner provided by law and competitively bid and awarded to the
23 lowest responsible bidder.
24 (d) Project design plans shall be filed with the Department <--
25 of General Services for all projects to be erected upon lands
26 owned by the Commonwealth and projects involving existing
27 facilities erected by the Department of General Services. The
28 system shall not proceed with any project under the authority of
29 this section unless such plans have been filed with the
30 Department of General Services.
19890H1944B3098 - 6 -
1 (D) THE POWER AND AUTHORITY GRANTED BY THIS SECTION SHALL <--
2 NOT BE EXERCISED BY THE SYSTEM, THE BOARD OR AN INSTITUTION FOR
3 A PROJECT TO MODIFY, REPAIR OR RENOVATE ANY FACILITY ERECTED BY
4 THE DEPARTMENT OF GENERAL SERVICES UNLESS PRIOR WRITTEN NOTICE
5 SETTING FORTH THE NATURE, SCOPE, EXTENT AND DESCRIPTION OF SUCH
6 PROJECT HAS BEEN GIVEN TO THE DEPARTMENT OF GENERAL SERVICES.
7 (e) Nothing in this section shall be construed as amending,
8 repealing or otherwise modifying the provisions of the act of
9 May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
10 letting of certain contracts for the erection, construction, and
11 alteration of public buildings," or the act of August 15, 1961
12 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
13 Act."
14 (f) The system is authorized to transfer and convey any
15 easements or licenses necessitated by any construction project
16 which has been previously authorized by the board.
17 Section 4. Sections 2006-A(a)(8) and (9) and 2014-A of the
18 act, amended or added November 12, 1982 (P.L.660, No.188) and
19 July 10, 1986 (P.L.1270, No.117), are amended to read:
20 Section 2006-A. Powers and Duties of the Board of
21 Governors.--(a) The Board of Governors shall have overall
22 responsibility for planning and coordinating the development and
23 operation of the system. The powers and duties of the Board of
24 Governors shall be:
25 * * *
26 (8) To establish general personnel policies under which the
27 institutions shall operate consistent with merit principles; to
28 determine equivalent degree and teaching experience
29 qualifications for appointment or promotion of faculty employes
30 within the classifications enumerated in the act of January 18,
19890H1944B3098 - 7 -
1 1952 (1951 P.L.2111, No.600), referred to as the State College
2 Faculty Compensation Law, to include, but not be limited to, the
3 Degrees of Juris Doctor and Master of Fine Arts; and to enter
4 into collective bargaining agreements pursuant to the act of
5 July 23, 1970 (P.L.563, No.195), known as the "Public Employe
6 Relations Act," in accordance with section [2008-A] 2003-A of
7 this act.
8 (9) To recommend approval or disapproval of all system
9 building projects to the Secretary of [Budget and
10 Administration.] the Budget which are not within the contracting
11 authority of the system under section 2003-A.1.
12 * * *
13 Section 2014-A. Nondiscrimination [Policy].--No person shall
14 be denied matriculation at any system institution or a position
15 as a governor, trustee, faculty member, or employe of the
16 system, or [student with the system or its constituent
17 institutions] the opportunity to contract with the system or its
18 constituent institutions because of [his] race, color, religion,
19 [creed, ancestry,] age, sex, national origin, handicap or
20 political [party] affiliation. The board shall develop and
21 promulgate by regulation a plan assuring equal opportunity in
22 educational access, employment and contracting. The plan shall
23 provide for nondiscrimination and compliance with respect to
24 contracting practices for the system, its constituent
25 institutions and their contractors, subcontractors, assignees,
26 lessees, agents, vendors and suppliers.
27 Section 5. This act shall take effect in 60 days.
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