PRIOR PRINTER'S NOS. 252, 450, 613, PRINTER'S NO. 1438
767, 922
No. 244 Session of 1991
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 244, entitled:
"An act amending the act of April 9, 1929 (P.L.177, No.175),
entitled 'An act providing for and reorganizing the conduct of
the executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative departments,
boards, commissions, and officers thereof, including the boards
of trustees of State Normal Schools, or Teachers Colleges; * * *
and prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of certain
departments, boards and commissions shall be determined,'
requiring notice and public hearings prior to the closure, sale,
lease or transfer of any State-owned institution,"
respectfully submit the following bill as our report:
ROBERT E. BELFANTI, JR.
JEFFREY W. COY
ROY W. CORNELL
(Committee on the part of the House of Representatives.)
F. JOSEPH LOEPER
EDWARD W. HELFRICK
WILLIAM J. STEWART
(Committee on the part of the Senate.)
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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
26 as The Administrative Code of 1929, is amended by adding
27 sections to read:
28 Section 508.1. Notice and Public Hearing Requirements for
29 State-Owned Institutions.--(a) At least thirty (30) days prior
30 to any department making a decision to close, sell, lease or
31 otherwise transfer the ownership or operational control of any
32 State-owned institution or to allow the material reduction of
33 complement, services or staff at any State-owned institution,
34 the department controlling the institution shall hold a public
35 hearing in the affected area.
36 (b) As used in this section and section 508.2, "State-owned
37 institution" shall mean any facility which is owned by the
38 Commonwealth and currently in service, including, but not
39 limited to, schools, colleges, universities, armories,
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1 hospitals, mental hospitals, mental retardation centers,
2 correctional facilities and other facilities of a similar
3 nature. A State general hospital is in service if it is
4 currently providing hospital services on April 22, 1991, on an
5 inpatient or outpatient basis.
6 Section 508.2. Maintenance of Services at State-Owned
7 Institutions.--A department may not close, sell, lease or
8 otherwise transfer the ownership or operational control of any
9 State-owned institution, nor may a department materially reduce
10 services at State-owned institutions, or materially reduce staff
11 levels without presenting a departmental proposal to the General
12 Assembly. Material reductions shall mean an annual reduction in
13 the staff complement of an institution of twenty-five per centum
14 (25%); and a material staff reduction shall mean a twenty-five
15 per centum (25%) annual reduction of the staff complement within
16 an institution. A departmental proposal shall be submitted to
17 the President pro tempore of the Senate and the Speaker of the
18 House of Representatives who shall refer such proposal to the
19 appropriate standing committees of the Senate and the House of
20 Representatives, respectively. Each committee shall hold a
21 public hearing on the departmental proposal within thirty (30)
22 calendar days of referral and report back to the Senate and the
23 House of Representatives, respectively, not later than the first
24 session day more than sixty (60) days following the referral.
25 The committee report on the proposed reduction in services,
26 staff or facilities shall be placed on the calendar of the
27 Senate and of the House of Representatives. If the General
28 Assembly disapproves of the departmental proposal within five
29 (5) legislative days after receipt of the committee reports,
30 then such proposed action shall not take effect. No such
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1 departmental proposal shall be transmitted to the General
2 Assembly less than five (5) legislative days immediately prior
3 to or during any period of recess or adjournment of either house
4 for a period of one (1) week or more.
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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