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        PRIOR PRINTER'S NOS. 3077, 4051               PRINTER'S NO. 4187

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2354 Session of 1998


        INTRODUCED BY BARLEY, MARCH 11, 1998

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           NOVEMBER 24, 1998

                                     AN ACT

     1  Amending the act of May 7, 1998 (P.L.343, No.52), entitled "An
     2     act providing for the capital budget for the fiscal year
     3     1998-1999," increasing the debt limitation for public
     4     improvement projects; ITEMIZING PUBLIC IMPROVEMENT PROJECTS    <--
     5     TO BE DESIGNED, ENGINEERED, MANAGED, CONSTRUCTED, ACQUIRED OR
     6     ASSISTED BY THE DEPARTMENT OF GENERAL SERVICES, TOGETHER WITH
     7     THEIR ESTIMATED FINANCIAL COSTS; INCURRING OF DEBT WITHOUT
     8     THE APPROVAL OF THE ELECTORS FOR THE PURPOSE OF FINANCING THE
     9     PROJECTS TO BE CONSTRUCTED, ACQUIRED OR ASSISTED BY THE
    10     DEPARTMENT OF GENERAL SERVICES; STATING THE USEFUL LIFE OF
    11     THE PROJECTS; AUTHORIZING CERTAIN CONTRACT PROVISIONS;
    12     CLARIFYING THE UTILIZATION OF CERTAIN CAPITAL FUNDS FOR
    13     TEMPLE UNIVERSITY HOSPITAL; MAKING APPROPRIATIONS; AND MAKING
    14     REPEALS.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 2 of the act of May 7, 1998 (P.L.343,      <--
    18  No.52), known as the Capital Budget Act of 1998-1999, is amended
    19  to read:
    20     SECTION 1.  THE TITLE AND SECTION 2 OF THE ACT OF MAY 7, 1998  <--
    21  (P.L.343, NO.52), KNOWN AS THE CAPITAL BUDGET ACT OF 1998-1999,
    22  IS AMENDED TO READ:
    23                               AN ACT

     1  PROVIDING FOR THE CAPITAL BUDGET FOR THE FISCAL YEAR 1998-
     2     1999[.]; ITEMIZING PUBLIC IMPROVEMENT PROJECTS TO BE
     3     DESIGNED, ENGINEERED, MANAGED, CONSTRUCTED, ACQUIRED OR
     4     ASSISTED BY THE DEPARTMENT OF GENERAL SERVICES, TOGETHER WITH
     5     THEIR ESTIMATED FINANCIAL COSTS; INCURRING OF DEBT WITHOUT
     6     THE APPROVAL OF THE ELECTORS FOR THE PURPOSE OF FINANCING THE
     7     PROJECTS TO BE CONSTRUCTED, ACQUIRED OR ASSISTED BY THE
     8     DEPARTMENT OF GENERAL SERVICES; STATING THE USEFUL LIFE OF
     9     THE PROJECTS; AUTHORIZING CERTAIN CONTRACT PROVISIONS;
    10     CLARIFYING THE UTILIZATION OF CERTAIN CAPITAL FUNDS; MAKING
    11     APPROPRIATIONS; AND MAKING REPEALS.
    12  Section 2.  Overall limitations on debt to be incurred for
    13                 capital projects.
    14     The maximum principal amount of additional debt to be
    15  incurred during the 1998-1999 fiscal year, and thereafter until
    16  the enactment of the 1999-2000 capital budget specifying the
    17  maximum debt for the 1999-2000 fiscal year, for capital projects
    18  specifically itemized in a capital budget pursuant to section
    19  7(a)(4) of Article VIII of the Constitution of Pennsylvania, and
    20  the fund to be charged with the repayment of such debt, shall,
    21  with respect to each category of capital projects, be as
    22  follows:
    23                Category              Amount          Fund
    24  (1)  Public Improvement
    25     Projects:
    26     (i)  Buildings and                            General Fund or
    27         [Structures              $400,000,000]
    28         Structures               $670,000,000     Special Fund as
    29     (ii)  Furniture and                           applicable
    30         Equipment                  6,000,000
    19980H2354B4187                  - 2 -

     1  (2)  Transportation
     2     Assistance Projects           150,000,000     General Fund
     3  (3)  Redevelopment
     4     Assistance Projects            70,000,000     General Fund
     5  (4)  Flood Control
     6     Projects                       12,000,000     General Fund
     7     [Total                       $638,000,000]
     8     Total                        $908,000,000
     9     SECTION 2.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:     <--
    10  SECTION 3.  TOTAL AUTHORIZATION.
    11     THE TOTAL AUTHORIZATION FOR THE ADDITIONAL CAPITAL PROJECTS
    12  IN THE CATEGORY OF PUBLIC IMPROVEMENT PROJECTS ITEMIZED IN
    13  SECTION 4 AND TO BE CONSTRUCTED OR ACQUIRED BY THE DEPARTMENT OF
    14  GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS AND TO BE FINANCED
    15  BY THE INCURRING OF DEBT SHALL BE $150,000.
    16  SECTION 4.  ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS.
    17     THE ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
    18  IMPROVEMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
    19  DEPARTMENT OF GENERAL SERVICES, IT SUCCESSORS OR ASSIGNS AND TO
    20  BE FINANCED BY THE INCURRING OF DEBT ARE HEREBY ITEMIZED,
    21  TOGETHER WITH ESTIMATED FINANCIAL COSTS, AS FOLLOWS:
    22                                                           TOTAL
    23                                                          PROJECT
    24             PROJECT                                    ALLOCATION
    25  (1)  HISTORICAL AND MUSEUM COMMISSION                   $150,000
    26     (I)  SOMERSET HISTORICAL CENTER
    27         (A)  ADDITIONAL FUNDS FOR DGS 990-2 FOR
    28             CONSTRUCTION OF AN ON-LOT SEWAGE
    29             TREATMENT FACILITY                            150,000
    30  SECTION 5.  DEBT AUTHORIZATION.
    19980H2354B4187                  - 3 -

     1     THE GOVERNOR, AUDITOR GENERAL AND STATE TREASURER ARE HEREBY
     2  AUTHORIZED AND DIRECTED TO BORROW FROM TIME TO TIME IN ADDITION
     3  TO ANY AUTHORIZATION HERETOFORE OR HEREAFTER ENACTED, ON THE
     4  CREDIT OF THE COMMONWEALTH, SUBJECT TO THE LIMITATIONS PROVIDED
     5  IN THE CURRENT CAPITAL BUDGET, MONEY NOT EXCEEDING IN THE
     6  AGGREGATE THE SUM OF $150,000 AS MAY BE FOUND NECESSARY TO CARRY
     7  OUT THE ACQUISITION AND CONSTRUCTION OF THE PUBLIC IMPROVEMENT
     8  PROJECTS SPECIFICALLY ITEMIZED IN A CAPITAL BUDGET.
     9  SECTION 6.  ISSUE OF BONDS.
    10     THE INDEBTEDNESS AUTHORIZED IN THIS ACT SHALL BE INCURRED,
    11  FROM TIME TO TIME, AND SHALL BE EVIDENCED BY ONE OR MORE SERIES
    12  OF GENERAL OBLIGATION BONDS OF THE COMMONWEALTH IN SUCH
    13  AGGREGATE PRINCIPAL AMOUNT FOR EACH SERIES AS THE GOVERNOR, THE
    14  AUDITOR GENERAL AND THE STATE TREASURER SHALL DETERMINE, BUT THE
    15  LATEST STATED MATURITY DATE SHALL NOT EXCEED THE ESTIMATED
    16  USEFUL LIFE OF THE PROJECTS BEING FINANCED AS STATED IN SECTION
    17  7.
    18  SECTION 7.  ESTIMATED USEFUL LIFE AND TERM OF DEBT.
    19     (A)  ESTIMATED USEFUL LIFE.--THE GENERAL ASSEMBLY STATES THAT
    20  THE ESTIMATED USEFUL LIFE OF THE PUBLIC IMPROVEMENT PROJECTS
    21  ITEMIZED IN THIS ACT IS 30 YEARS.
    22     (B)  TERM OF DEBT.--THE MAXIMUM TERM OF THE DEBT AUTHORIZED
    23  TO BE INCURRED UNDER THIS ACT IS 30 YEARS.
    24  SECTION 8.  APPROPRIATIONS.
    25     THE NET PROCEEDS OF THE SALE OF THE OBLIGATIONS AUTHORIZED IN
    26  THIS ACT ARE HEREBY APPROPRIATED FROM THE CAPITAL FACILITIES
    27  FUND TO THE DEPARTMENT OF GENERAL SERVICES IN THE MAXIMUM AMOUNT
    28  OF $150,000 TO BE USED BY IT EXCLUSIVELY TO DEFRAY THE FINANCIAL
    29  COST OF THE PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN
    30  A CAPITAL BUDGET. AFTER RESERVING OR PAYING THE EXPENSES OF THE
    19980H2354B4187                  - 4 -

     1  SALE OF THE OBLIGATION, THE STATE TREASURER SHALL PAY TO THE
     2  DEPARTMENT OF GENERAL SERVICES THE MONEYS AS REQUIRED AND
     3  CERTIFIED BY IT TO BE LEGALLY DUE AND PAYABLE.
     4  SECTION 9.  UTILIZATION OF CERTAIN CAPITAL FUNDS.
     5     NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FUNDS
     6  AUTHORIZED FOR THE PUBLIC IMPROVEMENT PROJECT ITEMIZED IN
     7  SECTION 3(2)(V)(H) OF THE ACT OF JULY 2, 1993 (P.L.265, NO 47),
     8  KNOWN AS THE CAPITAL BUDGET PROJECT ITEMIZATION ACT FOR 1993-
     9  1994, MAY BE USED FOR THE CONSTRUCTION OF AN OPEN MAGNETIC
    10  RESONANCE IMAGING SUITE AT TEMPLE UNIVERSITY HOSPITAL FOR USE BY
    11  PEDIATRIC AND OTHER HOSPITAL PATIENTS.
    12  SECTION 10.  SPECIAL CONTRACT PROVISIONS.
    13     (A)  COMBINING OF PROJECTS PREVIOUSLY AUTHORIZED.--THE
    14  PROJECTS AUTHORIZED IN SECTIONS 3(4)(X)(A) AND 3(7)(VII) OF THE
    15  ACT OF OCTOBER 10, 1997 (P.L.392, NO.47), MAY BE COMBINED FOR
    16  DESIGN AND BID TO ALLOW BOTH PROJECTS TO BE CONSTRUCTED AT THE
    17  SAME LOCATION.
    18     (B)  SINGLE PROJECT FOR LABORATORY PURPOSES.--THE PROJECTS
    19  AUTHORIZED IN SECTIONS 3(6)(II)(C) AND 3(13)(II)(A) OF THE ACT
    20  OF OCTOBER 21, 1988 (P.L.851, NO.113), KNOWN AS THE CAPITAL
    21  BUDGET PROJECT ITEMIZATION ACT FOR 1987-1988, AND IN SECTIONS
    22  3(7)(VI)(A) AND 3(14)(XIII)(A) OF THE ACT OF OCTOBER 10, 1997
    23  (P.L.392, NO.47), KNOWN AS THE CAPITAL BUDGET PROJECT
    24  ITEMIZATION ACT FOR 1996-1997, MAY BE COMBINED INTO A SINGLE
    25  PROJECT FOR LABORATORY SERVICES.
    26     (C)  CONSTRUCTION MANAGEMENT SERVICES.--NOTWITHSTANDING ANY
    27  PROVISIONS OF LAW TO THE CONTRARY, THE DEPARTMENT OF GENERAL
    28  SERVICES MAY TO FACILITATE PROJECT MANAGEMENT, CONFLICT
    29  RESOLUTION AND TIMELY PROJECT COMPLETION, CONTRACT FOR
    30  CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF DGS
    19980H2354B4187                  - 5 -

     1  1103-48, A CONVOCATION/EVENTS CENTER AT THE UNIVERSITY OF
     2  PITTSBURGH, OAKLAND CAMPUS, AUTHORIZED IN SECTION
     3  3(5)(II)(A)(III) OF THE CAPITAL BUDGET PROJECT ITEMIZATION ACT
     4  FOR 1996-1997.
     5     (D)  CHANGE IN USE OF FUNDS.--FUNDS AUTHORIZED UNDER SECTION
     6  3(2)(VI)(A) OF THE ACT OF JULY 8, 1994 (P.L.444, NO.74), KNOWN
     7  AS THE CAPITAL BUDGET PROJECT ITEMIZATION ACT FOR 1994-1995, FOR
     8  THE INCINERATOR MAY BE USED FOR A BIOLOGICAL DISPOSAL FACILITY.
     9  SECTION 11.  TREVOSE STATION SITING CHANGE.
    10     NOTWITHSTANDING PROVISIONS OF ANY OTHER ACT, FUNDS AUTHORIZED
    11  FOR THE PUBLIC IMPROVEMENT PROJECT ITEMIZED IN SECTION
    12  3(12)(I)(A) OF THE ACT OF OCTOBER 10, 1997, (P.L.392, NO.47)
    13  KNOWN AS THE CAPITAL BUDGET PROJECT ITEMIZATION ACT FOR 1996-
    14  1997 MAY BE USED FOR CONSTRUCTION OF THE TREVOSE STATION IN
    15  BUCKS COUNTY ON AN ALTERNATIVE SITE.
    16  SECTION 12.  REPEAL.
    17     SECTION 3(8)(V)(A) OF THE ACT OF OCTOBER 10, 1997 (P.L.392,
    18  NO.47), KNOWN AS THE CAPITAL BUDGET PROJECT ITEMIZATION ACT FOR
    19  1996-1997, IS REPEALED.
    20  SECTION 13.  EDITORIAL CHANGES.
    21     IN EDITING AND PREPARING THIS ACT FOR PRINTING FOLLOWING THE
    22  FINAL ENACTMENT, THE LEGISLATIVE REFERENCE BUREAU SHALL INSERT
    23  OR REVISE LETTERS OR NUMBERS FOR PROJECTS WHERE THE LETTERS OR
    24  NUMBERS ARE MISSING OR REQUIRE REVISION. THE BUREAU SHALL ALSO
    25  REVISE THE TOTAL MONETARY AMOUNTS FOR THE TOTAL AUTHORIZATION,
    26  DEBT AUTHORIZATION, APPROPRIATIONS AND DEPARTMENTAL TOTALS AS
    27  NECESSARY TO AGREE WITH THE TOTAL MONETARY AMOUNTS OF THE
    28  PROJECTS.
    29     SECTION 3.  SECTION 3 HEADING OF THE ACT IS AMENDED TO READ:
    30  SECTION [3] 14.  EFFECTIVE DATE.
    19980H2354B4187                  - 6 -

     1     * * *
     2     Section 2 4.  This act shall take effect immediately.          <--



















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