SENATE AMENDED
PRIOR PRINTER'S NOS. 252, 450, 613, PRINTER'S NO. 922
767
No. 244 Session of 1991
INTRODUCED BY BELFANTI, LUCYK, McCALL, GEORGE, ALLEN, TIGUE,
BELARDI, STUBAN, HANNA, STISH, MUNDY, KRUSZEWSKI, CARONE,
JAROLIN, RUDY, RITTER, BATTISTO, CALTAGIRONE, ARGALL, HERMAN,
PHILLIPS, DAVIES, CAWLEY, FREEMAN AND PETRONE,
FEBRUARY 4, 1991
SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED,
MARCH 18, 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," requiring notice and public
21 hearings prior to the closure, sale, lease or transfer of any
22 State-owned institution.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as The Administrative Code of 1929, is amended by adding
2 sections to read:
3 Section 508.1. Notice and Public Hearing Requirements for
4 State-Owned Institutions.--(a) At least thirty (30) days prior
5 to any department making a decision to close, sell, lease or
6 otherwise transfer the ownership or operational control of any
7 State-owned institution or to allow the material reduction of
8 complement, services or staff at any State-owned institution,
9 the department controlling the institution shall hold a public
10 hearing in the affected area.
11 (b) As used in this section and section 508.2, "State-owned
12 institution" shall mean any facility which is owned by the
13 Commonwealth AND CURRENTLY IN SERVICE, including, but not <--
14 limited to, schools, colleges, universities, armories,
15 hospitals, mental hospitals, mental retardation centers,
16 correctional facilities and other facilities of a similar
17 nature. A STATE GENERAL HOSPITAL IS IN SERVICE IF IT IS <--
18 CURRENTLY PROVIDING HOSPITAL SERVICES ON AN INPATIENT OR
19 OUTPATIENT BASIS.
20 Section 508.2. Maintenance of Services at State-Owned
21 Institutions.--A department may not close, sell, lease or
22 otherwise transfer the ownership or operational control of any
23 State-owned institution, nor may a department materially reduce
24 services at State-owned institutions, or materially reduce staff
25 levels without presenting a departmental proposal to the General
26 Assembly. Material reductions shall mean an annual reduction in
27 the complement PATIENT, STUDENT, INMATE OR OTHER POPULATION of <--
28 an institution of twenty-five per centum (25%); and a material
29 staff reduction shall mean a twenty-five per centum (25%) annual
30 reduction of the staff complement within an institution. A
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1 departmental proposal shall be submitted to the President pro
2 tempore of the Senate and the Speaker of the House of
3 Representatives who shall respectfully refer such proposal to <--
4 the appropriate standing committees of the Senate and the House
5 of Representatives, RESPECTIVELY. Each committee shall hold a <--
6 public hearing on the departmental proposal within thirty (30)
7 calendar days of referral and report back to the Senate and the
8 House of Representatives, RESPECTIVELY, NOT LATER THAN THE FIRST <--
9 SESSION DAY MORE THAN SIXTY (60) DAYS FOLLOWING THE REFERRAL.
10 The committee report on the proposed reduction in services,
11 staff or facilities shall be placed on the calendar of the
12 Senate and of the House of Representatives. If the General
13 Assembly disapproves of this action THE DEPARTMENTAL PROPOSAL <--
14 within five (5) legislative days after receipt of the committee
15 report REPORTS, then such PROPOSED action may not take effect. <--
16 No such proposed reduction DEPARTMENTAL PROPOSAL shall be <--
17 transmitted to the General Assembly less than five (5)
18 legislative days immediately prior to or during any period of
19 recess or adjournment of either house for a period of one (1)
20 week or more.
21 Section 2. The addition of sections 508.1 and 508.2 of the <--
22 act shall apply retroactively to January 1, 1991, as follows:
23 (1) The closure of a State-owned institution in
24 violation of section 508.2 of the act which occurs after
25 December 31, 1990, and prior to the effective date of this
26 act shall be invalid. If the closure of a State-owned
27 institution is invalidated under this paragraph, the
28 department shall reopen the institution.
29 (2) If the level of services or staff provided by a
30 State-owned institution is reduced in violation of section
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1 508.2 of the act after December 31, 1990, and prior to the
2 effective date of this act, the level of services or staff
3 shall be restored to the level in existence on January 1,
4 1991.
5 SECTION 2. IN THE EVENT OF A CONFLICT BETWEEN THIS ACT AND <--
6 ARTICLE XXIV-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
7 KNOWN AS THE ADMINISTRATIVE CODE OF 1929, THE PROVISIONS OF
8 ARTICLE XXIV-A SHALL PREVAIL.
9 Section 3. This act shall take effect immediately.
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