SENATE AMENDED
PRIOR PRINTER'S NOS. 1821, 4100 PRINTER'S NO. 4203
No. 1474 Session of 1985
INTRODUCED BY BROUJOS, BURNS, MRKONIC, BORTNER, STABACK,
PISTELLA, KASUNIC, HALUSKA, BOOK, LUCYK, COLE, CALTAGIRONE,
PICCOLA, JACKSON, FOX, GAMBLE, BELFANTI, FRYER, BURD, VEON,
DOMBROWSKI, D. R. WRIGHT, DeLUCA, OLASZ, SEVENTY AND
GREENWOOD, JUNE 18, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, NOVEMBER 24, 1986
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," further providing for the
21 payment of gratuities to children of certain veterans; and <--
22 providing for alternate security for performance of
23 contracts; AND FURTHER PROVIDING FOR THE SALE OF CERTAIN <--
24 UNIMPROVED LAND BY THE DEPARTMENT OF TRANSPORTATION.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 1411(e) of the act of April 9, 1929
1 (P.L.177, No.175), known as The Administrative Code of 1929,
2 added December 30, 1959 (P.L.2082, No.767), is amended to read:
3 Section 1411. State Veterans' Commission.--The State
4 Veterans' Commission shall have the power, and its duty shall
5 be:
6 * * *
7 (e) To certify for payment gratuities for the children,
8 between the ages of sixteen and [twenty-one years, of totally
9 disabled veterans and of soldiers, marines, female clerks,
10 yeoman (female), or members of the Enlisted Nurse Corps of the
11 United States, who die or have died of Spanish-American War or
12 World War I. service connected disabilities, and of totally
13 disabled veterans and of members of the Armed Forces of the
14 United States and of women's organizations officially connected
15 therewith, who die or have died of World War II., or the armed
16 conflict in Korea service connected disabilities as certified
17 from Veterans Administration records] twenty-three years, of
18 honorably discharged veterans who have been certified by the
19 United States Veterans' Administration as having wartime service
20 connected disabilities rated as totally and permanently disabled
21 or who have died of wartime service connected disabilities. Such
22 children must have lived in the Commonwealth of Pennsylvania for
23 five years immediately preceding the date upon which the
24 application was filed. Certification by the State Veterans'
25 Commission shall be made when the children meet the following
26 requirements:
27 (1) As coming within the class of children described above,
28 (2) As attending any [State or State-aided] educational or
29 training institution of a secondary or college grade or other
30 institution of higher education, business school, trade school,
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1 hospital providing training for nurses school, or institution
2 providing courses in beauty culture, art, radio or undertaking
3 or embalming or such other educational training within [this
4 Commonwealth] the United States as approved by the State
5 Veterans' Commission, and
6 (3) As being unable, without such gratuity, to pursue his or
7 her education or training.
8 Payments not exceeding [two hundred dollars ($200)] five
9 hundred dollars ($500) per term or semester per child shall be
10 made to such institution upon the submission by them of proof
11 that the applicant is a full-time student and that bills have
12 been incurred or contracted for matriculation fees and other
13 necessary fees, tuition, board, room rent, books and supplies
14 for such children in a definite amount for the school year. Such
15 proof shall be submitted to the State Veterans' Commission which
16 shall attach the same to the requisitions prepared for payments
17 out of appropriations made for such purpose: Provided, however,
18 That payments per term or semester per child are adjusted so
19 that total payments to such institutions do not exceed the
20 amount of the appropriation.
21 When a child within the class of children eligible to receive
22 a gratuity authorized by this section is completing an
23 educational or training course, and becomes [twenty-one] twenty-
24 three years of age before completing the course, the gratuity
25 may be paid until the course is completed: Provided, That
26 gratuities may not be paid for any child for a longer period
27 than four scholastic years and/or after having attained his or
28 her twenty-seventh birthday.
29 SECTION 2. SECTION 2003(E)(7) OF THE ACT, AMENDED DECEMBER <--
30 7, 1979 (P.L.478, NO.100), IS AMENDED TO READ:
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1 SECTION 2003. MACHINERY, EQUIPMENT, LANDS AND BUILDINGS.--
2 THE DEPARTMENT OF TRANSPORTATION IN ACCORD WITH APPROPRIATIONS
3 MADE BY THE GENERAL ASSEMBLY, AND GRANTS OF FUNDS FROM FEDERAL,
4 STATE, REGIONAL, LOCAL OR PRIVATE AGENCIES, SHALL HAVE THE
5 POWER, AND ITS DUTY SHALL BE:
6 * * *
7 (E) * * *
8 (7) ANY OTHER PROVISIONS OF THIS ACT TO THE CONTRARY
9 NOTWITHSTANDING, THE DEPARTMENT MAY SELL AT PUBLIC SALE ANY LAND
10 ACQUIRED BY THE DEPARTMENT IF THE SECRETARY DETERMINES THAT THE
11 LAND IS NOT NEEDED FOR PRESENT OR FUTURE TRANSPORTATION
12 PURPOSES:
13 (I) IMPROVED LAND OCCUPIED BY A TENANT OF THE DEPARTMENT
14 SHALL FIRST BE OFFERED TO THE TENANT AT ITS FAIR MARKET VALUE AS
15 DETERMINED BY THE DEPARTMENT, EXCEPT THAT IF THE TENANT IS THE
16 PERSON FROM WHOM THE DEPARTMENT ACQUIRED THE LAND, IT SHALL BE
17 OFFERED TO THE TENANT AT THE ACQUISITION PRICE, LESS COSTS,
18 EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON
19 AS A RESULT OF THE ACQUISITION OF THE LAND BY THE DEPARTMENT. IF
20 THERE IS NO TENANT AND THE PERSON FROM WHOM THE DEPARTMENT
21 ACQUIRED THE LAND DID NOT RECEIVE A REPLACEMENT HOUSING PAYMENT
22 UNDER SECTION 602-A OF THE "EMINENT DOMAIN CODE," OR UNDER
23 FORMER SECTION 304.3 OF THE ACT OF JUNE 1, 1945 (P.L.1242,
24 NO.428), KNOWN AS THE "STATE HIGHWAY LAW," THE LAND TO BE SOLD
25 SHALL FIRST BE OFFERED TO SUCH PERSON AT THE ACQUISITION PRICE,
26 LESS COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY
27 THE PERSON AS A RESULT OF THE ACQUISITION OF THE LAND BY THE
28 DEPARTMENT.
29 (II) UNIMPROVED LAND SHALL FIRST BE OFFERED TO THE PERSON
30 FROM WHOM IT WAS ACQUIRED AT ITS ACQUISITION PRICE, LESS COSTS,
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1 EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON
2 AS A RESULT OF THE ACQUISITION OF THE LAND BY THE DEPARTMENT, IF
3 THE PERSON STILL RETAINS TITLE TO LAND ABUTTING THE LAND TO BE
4 SOLD. IF THE LAND ABUTTING THE LAND TO BE SOLD HAS BEEN CONVEYED
5 TO ANOTHER PERSON, THE LAND TO BE SOLD SHALL FIRST BE OFFERED TO
6 THAT PERSON AT ITS FAIR MARKET VALUE AS DETERMINED BY THE
7 DEPARTMENT. HOWEVER, LAND ACQUIRED BY GIFT THAT THE SECRETARY
8 DETERMINES IS NOT NEEDED FOR PRESENT OR FUTURE TRANSPORTATION
9 PURPOSES MAY FIRST BE OFFERED TO THE DONOR FOR A NOMINAL
10 CONSIDERATION. IF THE DONOR NO LONGER EXISTS, OR IF THE DONOR
11 DOES NOT ACCEPT THE OFFER, THEN SUCH UNIMPROVED LAND OR ANY
12 PORTION THEREOF MAY BE OFFERED ON A COMPETITIVE BID BASIS
13 RESTRICTED TO OWNERS OF LAND ABUTTING THE UNIMPROVED DONATED
14 LAND. THE DEPARTMENT SHALL HAVE DISCRETION TO DIVIDE SUCH
15 DONATED UNIMPROVED LAND FOR SEPARATE COMPETITIVE BID OFFERINGS.
16 (III) NOTICE OF THE OFFER DESCRIBED IN EITHER SUBCLAUSE (I)
17 OR (II) SHALL BE SENT BE CERTIFIED MAIL, OR, IF NOTICE CANNOT BE
18 SO MADE, IN THE MANNER REQUIRED FOR "IN REM" PROCEEDINGS. THE
19 OFFEREE SHALL HAVE ONE HUNDRED TWENTY (120) DAYS AFTER RECEIPT
20 OF NOTICE TO ACCEPT THE OFFER IN WRITING.
21 (IV) REVENUE FROM ANY SALE OF LAND ACQUIRED WITH MOTOR
22 LICENSE FUNDS SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND.
23 * * *
24 Section 2 3. Section 2409(j) and (k) of the act, amended <--
25 December 19, 1980 (P.L.1333, No.244), are amended and the
26 section is amended by adding a subsection to read:
27 Section 2409. Method of Awarding Contracts for Stationery,
28 Paper, Fuel, Repairs, Furnishings, and Supplies.--* * *
29 (j) Except as hereinafter provided, no proposal for any
30 contract shall be considered unless such proposal is accompanied
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1 by a certified or bank check, to the order of the State
2 Treasurer, in one-fourth the amount of the estimated contract,
3 or by a bond or alternate security in such form and amount as
4 may be prescribed by the department. Any such bond or alternate
5 security shall be conditioned for the faithful performance of
6 the terms of the contract, if awarded, and shall have as surety
7 one surety company authorized to act as surety in this
8 Commonwealth, or two individual sureties approved by the
9 Department of Justice.
10 (j.1) In lieu of a bond to secure a bidder's performance,
11 the department in its discretion may accept, as a substitute
12 therefor, alternate security in the form of an assignment of
13 time certificates of deposit of banks licensed by the
14 Commonwealth, securities of or those guaranteed by the United
15 States of America, the Commonwealth and its political
16 subdivisions, or shares of savings and loan institutions
17 authorized to transact business in this Commonwealth. In the
18 event such alternate security is accepted, the bidder shall be
19 entitled to all interest or income earned on such security and
20 all such security shall be returned to the bidder by the
21 department within sixty days after performance.
22 (k) A bidder, who shall have accompanied his proposal with a
23 certified or bank check as aforesaid, and to whom a contract
24 shall have been awarded, may, within ten days after such award,
25 substitute for said check a bond or alternate security as herein
26 prescribed, otherwise said check shall be retained in lieu of a
27 bond.
28 * * *
29 Section 3 4. This act shall take effect July 1, 1985, or <--
30 immediately, whichever is later.
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