SENATE AMENDED
PRIOR PRINTER'S NOS. 2783, 3210, 3346, PRINTER'S NO. 3767
3731
No. 2116 Session of 1989
INTRODUCED BY BELFANTI, PHILLIPS, F. TAYLOR, JAROLIN, STEIGHNER,
STABACK, BURNS, STUBAN, HASAY, STISH, CORRIGAN, HALUSKA,
McCALL, COLAFELLA, LAUGHLIN, MELIO, BORTNER, TANGRETTI,
EVANS, MAYERNIK, PETRARCA, VEON, TRELLO, McNALLY, LUCYK,
BATTISTO, CESSAR, FOSTER, WASS, STAIRS, HERMAN, WILLIAMS,
JAMES, TIGUE, BLAUM, VAN HORNE AND LINTON, NOVEMBER 15, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 19, 1990
AN ACT
1 Authorizing the Department of General Services to enter into
2 lease/purchase agreements for prison space; authorizing <--
3 capital budget projects for certain option purchases;
4 providing for the issuance of bonds; making appropriations;
5 authorizing indebtedness, with the approval of the electors,
6 to make grants to counties for county or multicounty regional
7 prison facilities; and authorizing the Department of
8 Corrections to contract with county or regional prison
9 facilities for the housing of State inmates.
10 TABLE OF CONTENTS
11 Chapter 1. Preliminary Provisions
12 Section 101. Short title.
13 Section 102. Declaration of policy.
14 SECTION 103. DEFINITIONS. <--
15 Chapter 3. Lease Purchase Agreements
16 Section 301. Authorization.
17 Section 302. Terms of lease agreements. <--
18 SECTION 302. TERM OF LEASE AGREEMENT. <--
1 Section 303. Selection of contractor.
2 Section 304. Award of contract.
3 Section 305. Construction oversight and inspection.
4 Section 306. Exemption and nonapplicable acts.
5 Section 307. Capital projects. <--
6 Chapter 5. Modular Prison Units
7 Section 501. Total authorization.
8 SECTION 307. LOCATION OF FACILITY. <--
9 SECTION 308. REPORT TO GENERAL ASSEMBLY.
10 CHAPTER 5. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
11 SECTION 501. TOTAL AUTHORIZATIONS.
12 Section 502. Itemization of public improvement projects.
13 Section 503. Special provisions.
14 Section 504. Debt authorization.
15 Section 505. Issue of bonds.
16 Section 506. Estimated useful life and term of debt.
17 Section 507. Appropriation.
18 Section 508. Federal funds.
19 Section 509. Insurance proceeds.
20 Section 510. Current revenues.
21 SECTION 511. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
22 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
23 Chapter 7. Incurring Indebtedness for County Prisons
24 Section 701. Definitions.
25 Section 702. Referendum to authorize incurring indebtedness.
26 Section 703. Authority to borrow.
27 Section 704. Bonds, issue, maturity, interest, etc.
28 Section 705. Sale of bonds.
29 Section 706. Refunding bonds.
30 Section 707. Registration of bonds.
19890H2116B3767 - 2 -
1 Section 708. Disposition and use of proceeds.
2 Section 709. Local Criminal Justice Sinking Fund.
3 Section 710. Expenses of preparation, issue and sale of bonds.
4 Section 711. Temporary financing authorization.
5 Section 712. Quorum.
6 Section 713. Information to General Assembly.
7 Section 714. Grants to counties.
8 Section 715. Multicounty regional prison facilities.
9 Section 716. Appropriation.
10 Chapter 9. Construction of New Prison
11 Section 901. Total authorization.
12 Section 902. Itemization of public improvement project.
13 Section 903. Debt authorization.
14 Section 904. Issue of bonds.
15 Section 905. Estimated useful life and term of debt.
16 Section 906. Appropriation.
17 Section 907. Federal funds.
18 SECTION 908. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
19 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
20 Chapter 11. Miscellaneous Provisions
21 SECTION 1101. MILITARY INSTALLATION LIMITATION. <--
22 SECTION 1102. LIMITED NONSEVERABLE PROVISIONS.
23 Section 1101 1103. Repeals. <--
24 Section 1102 1104. Retroactivity. <--
25 Section 1103 1105. Effective date. <--
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 CHAPTER 1
29 PRELIMINARY PROVISIONS
30 Section 101. Short title.
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1 This act shall be known and may be cited as the Prison
2 Facilities Improvement Act.
3 Section 102. Declaration of policy.
4 The General Assembly finds and declares as follows:
5 (1) The Commonwealth faces a serious problem in the
6 overcrowded prisons.
7 (2) Expeditious procedures are required to resolve the
8 problem.
9 SECTION 103. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "MODULAR UNIT." A PREFABRICATED, SELF-CONTAINED, READY-TO-
14 USE PRISON CELL, WITH PREINSTALLED PLUMBING, ELECTRICAL
15 CIRCUITRY, HEATING, VENTILATING AND AIR CONDITIONING AND
16 SECURITY SYSTEMS, WHICH IS CAPABLE OF BEING INSTALLED AND
17 CONNECTED TO AN EXISTING PHYSICAL PLANT AND INFRASTRUCTURE WITH
18 A MINIMUM OF ON-SITE CONSTRUCTION.
19 CHAPTER 3
20 LEASE PURCHASE AGREEMENTS
21 Section 301. Authorization.
22 The Department of General Services is authorized to enter
23 into agreements for the lease or purchase of three ONE 1,000-bed <--
24 prisons PRISON in this Commonwealth. One of these prisons is to <--
25 be located ANYWHERE in the western half of this Commonwealth, <--
26 one is to be located in the eastern half of this Commonwealth
27 CLEARFIELD COUNTY and one maximum security prison is to be <--
28 located in Greene County.
29 Section 302. Terms of lease agreements.
30 SECTION 302. TERM OF LEASE AGREEMENT. <--
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1 (a) Term.--The terms of the lease agreements TERM OF LEASE <--
2 AGREEMENT shall be at least 20 years, subject to the exercise of
3 its option by the Commonwealth to purchase under subsection (b).
4 (b) Option.--The Commonwealth shall have the option to
5 purchase each THE facility at the time the facility is turned <--
6 over to the Commonwealth for operation, at the end of the lease
7 term or at intermediate dates as specified in the lease
8 agreements AGREEMENT. <--
9 (c) Timing.--The lease agreement shall be executed prior to
10 the commencement of construction. The lease term shall commence
11 upon execution of a lease, at the time the facility is ready for
12 operation or on any date certain prior to the occupancy of the
13 facility.
14 (d) Assignability.--Each THE lease agreement shall provide <--
15 that it may be assigned by the developers with the concurrence
16 of the Commonwealth and shall be in such form that it may be
17 used, as security for a loan or loans to finance the acquisition
18 and construction of the facility.
19 (e) Rent.--Payment of rent by the Commonwealth shall begin
20 when the facility is occupied by the Commonwealth.
21 (f) Option price.--The Department of General Services, in
22 consultation with the Office of the Budget, shall have the
23 authority, through negotiations with the contractor, to
24 determine the cost of the option to purchase each THE facility <--
25 should the Commonwealth choose to exercise its option to
26 purchase, and to determine the amount of payment, if any, due at
27 the end of the term of the lease agreements AGREEMENT or at <--
28 other option dates.
29 (g) Prevailing wage requirement.--The lease agreements <--
30 AGREEMENT shall provide that the project shall be constructed <--
19890H2116B3767 - 5 -
1 pursuant to prevailing wages as shall be determined by the
2 Department of Labor and Industry.
3 (H) CRITICAL PATH METHOD SCHEDULING.--THE LEASE AGREEMENT <--
4 SHALL PROVIDE THAT CRITICAL PATH METHOD SCHEDULING BE UTILIZED.
5 Section 303. Selection of contractor.
6 (a) Specification.--The Department of Corrections, with
7 review by the Department of General Services, shall supply the
8 general specifications for the facilities FACILITY to be <--
9 developed.
10 (b) Advertisement.--The Department of General Services shall
11 advertise for proposals to construct the prisons PRISON and <--
12 lease the buildings to the Commonwealth.
13 (c) Committee.--A committee shall be established to review
14 the proposals under subsection (b). This committee shall include
15 representatives from the Department of Corrections, the
16 Department of General Services and the Department of Labor and
17 Industry. THIS COMMITTEE MAY INCLUDE, AT THE DISCRETION OF THE <--
18 MAJORITY AND MINORITY CHAIRMEN OF THE APPROPRIATIONS COMMITTEE
19 OF THE HOUSE OF REPRESENTATIVES AND OF THE APPROPRIATIONS
20 COMMITTEE OF THE SENATE, NONVOTING OVERSIGHT MEMBERS. THE
21 MAJORITY AND MINORITY CHAIRMEN OF THE APPROPRIATIONS COMMITTEE
22 OF THE HOUSE OF REPRESENTATIVES AND OF THE APPROPRIATIONS
23 COMMITTEE OF THE SENATE MAY EACH APPOINT ONE NONVOTING MEMBER TO
24 THE COMMITTEE.
25 (d) Submission of proposals.--The proposals shall be
26 submitted to the Department of General Services for
27 consideration by the committee.
28 (e) Committee recommendation.--The committee shall recommend
29 a proposal to the Secretary of General Services, the Secretary
30 of Corrections and the Secretary of the Office of the Budget for
19890H2116B3767 - 6 -
1 approval.
2 Section 304. Award of contract.
3 The award of a contract under this chapter shall be made on
4 the basis of the best interest of the Commonwealth to a
5 responsive and responsible proposer. Although cost shall be
6 considered as a factor, it need not be the determining factor.
7 THE SECRETARY OF GENERAL SERVICES, THE SECRETARY OF CORRECTIONS <--
8 AND THE SECRETARY OF THE BUDGET, PRIOR TO THE AWARD OF A
9 CONTRACT UNDER THIS SECTION TO A PROPOSER OTHER THAN THE LOW
10 RESPONSIVE PROPOSER, SHALL NOTIFY THE MAJORITY AND MINORITY
11 CHAIRMEN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
12 REPRESENTATIVES AND OF THE APPROPRIATIONS COMMITTEE OF THE
13 SENATE OF THEIR RATIONALE AND JUSTIFICATION FOR SAID AWARD. NO
14 AWARD SHALL BE MADE TO A PROPOSER OTHER THAN THE LOW RESPONSIVE
15 PROPOSER UNTIL NOTIFICATION AND TIME FOR CONSENT IS GIVEN TO THE
16 MAJORITY AND MINORITY CHAIRMEN OF THE HOUSE AND SENATE
17 APPROPRIATIONS COMMITTEES.
18 Section 305. Construction oversight and inspection.
19 (a) Responsibility.--The Secretary of the Office of the
20 Budget shall exercise construction audit oversight
21 responsibility during selection of the contractors and during
22 the design and construction of the facilities. The secretary may
23 retain such consultants and staff as may be necessary to carry
24 out this oversight function, including the use of the current
25 construction audit unit in the Office of the Budget.
26 (b) Inspection.--The Department of General Services or its
27 duly authorized agent, in consultation with the Department of
28 Corrections, shall inspect the facilities in accordance with the
29 provisions of section 2408 of the act of April 9, 1929 (P.L.177,
30 No.175), known as The Administrative Code of 1929, to determine
19890H2116B3767 - 7 -
1 if construction meets the specifications for the facilities.
2 Section 306. Exemption and nonapplicable acts.
3 The facilities authorized in this chapter are exempt from the
4 provisions of the act of March 21, 1986 (P.L.64, No.19), known
5 as the Private Prison Moratorium and Study Act.
6 Section 307. Capital projects. <--
7 (a) Authorization.--In the event that the Commonwealth
8 chooses to exercise its option to purchase the facilities, there
9 are hereby authorized additional capital projects in the
10 category of public improvement for the purpose of the facilities
11 constructed under this chapter. The total authorization for
12 these additional capital projects to be acquired by the
13 Department of General Services, its successors or assigns, and
14 to be financed by the incurring of debt, shall be $263,000,000.
15 (b) Itemization.--Additional capital projects in the
16 category of public improvement projects to be acquired by the
17 Department of General Services, its successors or assigns, and
18 to be financed by the incurring of debt, are hereby itemized,
19 together with their respective estimated financial costs, as
20 follows:
21 Total
22 Project
23 Project Allocation
24 (1) Department of Corrections $263,000,000
25 (i) State Correctional Institution - Eastern
26 Pennsylvania CLEARFIELD COUNTY <--
27 (A) Program development and acquisition of
28 a 1,000-bed facility constructed under
29 lease/purchase agreement in Eastern
30 Pennsylvania CLEARFIELD COUNTY 79,000,000 <--
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1 (ii) State Correctional Institution - Western
2 Pennsylvania
3 (A) Program development and acquisition of
4 a 1,000-bed facility constructed under
5 lease/purchase agreement in Western
6 Pennsylvania 79,000,000
7 (iii) State Correctional Institution - Greene
8 County
9 (A) Program development and acquisition of
10 a 1,000-bed facility constructed under
11 lease/purchase agreement in Greene
12 County 105,000,000
13 (c) Debt authorization.--The Governor, Auditor General and
14 State Treasurer are hereby authorized and directed to borrow,
15 from time to time, in addition to any authorization heretofore
16 or hereafter enacted, on the credit of the Commonwealth, subject
17 to the limitations provided in the current capital budget, money
18 not exceeding in the aggregate the sum of $158,000,000
19 $263,000,000, as may be found necessary to carry out the
20 acquisition and construction of the public improvement projects
21 specifically itemized herein.
22 (d) Bonds.--The indebtedness authorized in this chapter
23 shall be incurred, from time to time, and shall be evidenced by
24 one or more series of general obligation bonds of the
25 Commonwealth in such aggregate principal amount for each series
26 as the Governor, Auditor General and State Treasurer shall
27 determine, but the latest stated maturity date shall not exceed
28 the estimated useful life of the projects being financed, as
29 stated in subsection (e).
30 (e) Estimated useful life.--The General Assembly states that
19890H2116B3767 - 9 -
1 the estimated useful life of the public improvement projects
2 itemized herein is not less than 30 years. The maximum term of
3 the debt authorized to be incurred hereunder is 30 years.
4 (f) Appropriation.--The net proceeds of the sale of the
5 obligations herein authorized are hereby appropriated from the
6 Capital Facilities Fund to the Department of General Services in
7 the maximum amount of $263,000,000, to be used by it exclusively
8 to defray the financial cost of the public improvement projects
9 specifically itemized in this chapter. After reserving or paying
10 the expenses of the sale of the obligation, the State Treasurer
11 shall pay to the Department of General Services the moneys as
12 required and certified by it to be legally due and payable.
13 CHAPTER 5
14 MODULAR PRISON UNITS
15 Section 501. Total authorization.
16 The total authorization for the additional capital projects
17 in the category of public improvement projects itemized in
18 section 502 and to be acquired or constructed by the Department
19 of General Services, its successors or assigns, and to be
20 financed by the incurring of debt, shall be $56,488,000. The
21 total authorization for the additional capital projects in the
22 category of public improvement projects itemized in section 502
23 and to be acquired or constructed by the Department of General
24 Services, its successors and assigns and to be financed from
25 insurance proceeds shall be $15,000,000. The total authorization
26 for the additional capital projects in the category of public
27 improvement projects itemized in section 502 and to be acquired
28 or constructed by the Department of General Services, its
29 successors or assigns and to be financed from current revenues
30 appropriated by the act of July 1, 1989 (P.L.801, No.3A), known
19890H2116B3767 - 10 -
1 as the General Appropriation Act of 1989, is $726,000.
2 Section 502. Itemization of public improvement projects.
3 Additional capital projects in the category of public
4 improvement projects to be acquired or constructed by the
5 Department of General Services, its successors or assigns, and
6 to be financed by the incurring of debt, from current revenues
7 or from insurance proceeds, including the State Insurance Fund,
8 are hereby itemized, together with their respective estimated
9 financial costs, as follows:
10 Total
11 Project
12 Project Allocation
13 (1) Department of Corrections $72,214,000
14 (i) State Correctional Institution - Camp
15 Hill, Cumberland County
16 (A) Purchase and installation of modular
17 units with a capacity of approximately
18 500 beds, including site preparation 26,300,000
19 (Base Project Allocation - $23,900,000)
20 (Design and Contingencies - $2,400,000)
21 (B) Reconstruction, renovation and
22 restoration of fire damage to buildings
23 and structures and renovation and
24 upgrading of the physical plant and
25 security systems 15,000,000
26 (Base Project Allocation - $12,750,000)
27 (Design and Contingencies - $2,250,000)
28 (C) Expansion of Diagnostic and
29 Classification Center 242,000
30 (Base Project Allocation - $242,000)
19890H2116B3767 - 11 -
1 (ii) State Correctional Institution - Cresson,
2 Cambria County
3 (A) Purchase and installation of modular
4 units with a capacity of approximately
5 240 beds, including site preparation 7,465,000
6 (Base Project Allocation - $6,786,000)
7 (Design and Contingencies - $679,000)
8 (B) Construction of 52-bed modular unit
9 dormitory for drug and alcohol
10 therapeutic community 162,000
11 (Base Project Allocation - $162,000)
12 (iii) State Correctional Institution -
13 Frackville, Schuylkill County
14 (A) Purchase and installation of modular
15 units with a capacity of approximately
16 120 beds, including site preparation 3,732,000
17 (Base Project Allocation - $3,393,000)
18 (Design and Contingencies - $339,000)
19 (iv) State Correctional Institution - Mercer,
20 Mercer County
21 (A) Purchase and installation of modular
22 units with a capacity of approximately
23 240 beds, including site preparation 7,685,000
24 (Base Project Allocation - $6,986,000)
25 (Design and Contingencies - $699,000)
26 (v) State Correctional Institution - Muncy,
27 Lycoming County
28 (A) Purchase and installation of modular
29 units with a capacity of approximately
30 120 beds, including site preparation 3,842,000
19890H2116B3767 - 12 -
1 (Base Project Allocation - $3,493,000)
2 (Design and Contingencies - $349,000)
3 (B) Construction of additional housing for
4 female offenders 322,000
5 (Base Project Allocation - $322,000)
6 (vi) State Correctional Institutions -
7 Smithfield, Huntingdon County
8 (A) Purchase and installation of modular
9 units with a capacity of approximately
10 120 beds, including site preparation 3,732,000
11 (Base Project Allocation - $3,393,000)
12 (Design and Contingencies - $339,000)
13 (vii) State Correctional Institution -
14 Waynesburg, Greene County
15 (A) Purchase and installation of modular
16 units with a capacity of approximately
17 120 beds, including site preparation 3,732,000
18 (Base Project Allocation - $3,393,000)
19 (Design and Contingencies - $339,000)
20 Section 503. Special provisions.
21 (a) Purchase of units.--The Department of General Services
22 may purchase the modular units authorized in section 502 from
23 either one or several manufacturers or contractors. The purchase
24 price is to include the cost of delivery to a specified,
25 prepared site.
26 (b) Site preparation.--The Department of General Services is
27 authorized to prepare, or contract for the preparation of, sites
28 at various correctional institutions selected by the Department
29 of Corrections. Site preparation includes all work to prepare
30 the actual site of installation and installation as necessary.
19890H2116B3767 - 13 -
1 Provisions of the first paragraph of the act of May 1, 1913
2 (P.L.155, No.104), entitled "An act regulating the letting of
3 certain contracts for the erection, construction, and alteration
4 of public buildings," shall not apply to the awarding of the
5 contract for site preparation for the units.
6 (c) Construction of act.--Nothing in this chapter shall be
7 construed as changing the intended purpose of the State Regional
8 Correctional Facility at Mercer.
9 SECTION 307. LOCATION OF FACILITY. <--
10 THE LOCATION OF THE FACILITY AUTHORIZED BY THIS CHAPTER SHALL
11 BE APPROVED PRIOR TO THE EXECUTION OF ANY LEASE AGREEMENT BY A
12 MAJORITY VOTE OF THE COUNTY BOARD OF COMMISSIONERS OR THE COUNTY
13 COUNCIL IN COUNTIES WHICH HAVE ADOPTED A HOME RULE CHARTER AT AN
14 OPEN MEETING, PUBLIC NOTICE OF WHICH HAVING BEEN DULY ADVERTISED
15 IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JULY 3, 1986
16 (P.L.388, NO.84), KNOWN AS THE SUNSHINE ACT.
17 SECTION 308. REPORT TO GENERAL ASSEMBLY.
18 THE DEPARTMENT SHALL, EACH MONTH, REPORT TO THE GENERAL
19 ASSEMBLY ANY DEVIATION FROM THE CRITICAL PATH SCHEDULE FOR THE
20 FACILITY AUTHORIZED BY THIS CHAPTER AND SHALL, UPON COMPLETION
21 OF SAID FACILITY, SUBMIT A FINAL REPORT SETTING FORTH THE
22 ADVANTAGES AND DISADVANTAGES OF LEASE/PURCHASE ACQUISITION OF
23 CAPITAL FACILITIES AND MAKING RECOMMENDATIONS.
24 CHAPTER 5
25 ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
26 SECTION 501. TOTAL AUTHORIZATIONS.
27 THE TOTAL AUTHORIZATION FOR ADDITIONAL CAPITAL PROJECTS IN
28 THE CATEGORY OF PUBLIC IMPROVEMENT PROJECTS ITEMIZED IN SECTION
29 502 AND TO BE ACQUIRED OR CONSTRUCTED BY THE DEPARTMENT OF
30 GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS SHALL BE
19890H2116B3767 - 14 -
1 $292,969,000. THIS AUTHORIZATION SHALL BE ALLOCATED AS FOLLOWS:
2 (1) THE SUM OF $277,243,000 TO BE FINANCED BY THE
3 INCURRING OF DEBT.
4 (2) THE SUM OF $15,000,000 TO BE FINANCED FROM INSURANCE
5 PROCEEDS.
6 (3) THE SUM OF $726,000 TO BE FINANCED FROM CURRENT
7 REVENUES APPROPRIATED BY THE ACT OF JULY 1, 1989 (P.L.801,
8 NO.3A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 1989.
9 SECTION 502. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS.
10 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
11 IMPROVEMENT PROJECTS TO BE ACQUIRED OR CONSTRUCTED BY THE
12 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS, AND
13 TO BE FINANCED BY THE INCURRING OF DEBT, FROM CURRENT REVENUES
14 OR FROM INSURANCE PROCEEDS, INCLUDING THE INSURANCE FUND, ARE
15 HEREBY ITEMIZED, TOGETHER WITH THEIR RESPECTIVE ESTIMATED
16 FINANCIAL COSTS AS FOLLOWS:
17 TOTAL
18 PROJECT
19 PROJECT ALLOCATION
20 (1) DEPARTMENT OF CORRECTIONS $292,969,000
21 (I) STATE CORRECTIONAL INSTITUTION -
22 CLEARFIELD COUNTY
23 (A) DESIGN AND CONSTRUCTION OF A 1,000-
24 CELL FACILITY TO BE LOCATED IN
25 CLEARFIELD COUNTY 79,000,000
26 (II) STATE CORRECTIONAL INSTITUTION - GREENE
27 COUNTY
28 (A) DESIGN AND CONSTRUCTION OF A 1,000-
29 CELL FACILITY TO BE LOCATED IN GREENE
30 COUNTY 105,000,000
19890H2116B3767 - 15 -
1 (III) STATE CORRECTIONAL INSTITUTION - CAMP
2 HILL, CUMBERLAND COUNTY
3 (A) PURCHASE AND INSTALLATION OF MODULAR
4 UNITS WITH A CAPACITY OF APPROXIMATELY
5 650 CELLS, INCLUDING SITE PREPARATION 31,213,000
6 (BASE PROJECT ALLOCATION - $28,092,000)
7 (DESIGN AND CONTINGENCIES - $3,121,000)
8 (B) CONSTRUCTION, RECONSTRUCTION,
9 RENOVATION AND RESTORATION OF FIRE
10 DAMAGE TO BUILDINGS AND STRUCTURES, AND
11 RENOVATION AND UPGRADING OF THE
12 PHYSICAL PLANT AND SECURITY SYSTEMS 47,400,000
13 (BASE PROJECT ALLOCATION - $42,660,000)
14 (DESIGN AND CONTINGENCIES - $4,740,000)
15 (C) EXPANSION OF DIAGNOSTIC AND
16 CLASSIFICATION CENTER 242,000
17 (BASE PROJECT ALLOCATION - $242,000)
18 (IV) STATE CORRECTIONAL INSTITUTION - CRESSON,
19 CAMBRIA COUNTY
20 (A) PURCHASE AND INSTALLATION OF MODULAR
21 UNITS WITH A CAPACITY OF APPROXIMATELY
22 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
23 (BASE PROJECT ALLOCATION - $2,739,000)
24 (DESIGN AND CONTINGENCIES - 305,000)
25 (B) CONSTRUCTION OF A 52-BED MODULAR UNIT
26 DORMITORY FOR DRUG AND ALCOHOL
27 THERAPEUTIC COMMUNITY 162,000
28 (BASE PROJECT ALLOCATION - $162,000)
29 (V) STATE CORRECTIONAL INSTITUTION -
30 FRACKVILLE, SCHUYLKILL COUNTY
19890H2116B3767 - 16 -
1 (A) PURCHASE AND INSTALLATION OF MODULAR
2 UNITS WITH A CAPACITY OF APPROXIMATELY
3 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
4 (BASE PROJECT ALLOCATION - $2,739,000)
5 (DESIGN AND CONTINGENCIES - $305,000)
6 (VI) STATE CORRECTIONAL INSTITUTION - MERCER,
7 MERCER COUNTY
8 (A) PURCHASE AND INSTALLATION OF MODULAR
9 UNITS WITH A CAPACITY OF APPROXIMATELY
10 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
11 (BASE PROJECT ALLOCATION - $2,739,000)
12 (DESIGN AND CONTINGENCIES - 305,000)
13 (B) CONSTRUCTION AND INSTALLATION OF A
14 ROAD AND FENCE 220,000
15 (BASE PROJECT ALLOCATION - $198,000)
16 (DESIGN AND CONTINGENCIES - $22,000
17 (VII) STATE CORRECTIONAL INSTITUTION - MUNCY,
18 LYCOMING COUNTY
19 (A) PURCHASE AND INSTALLATION OF MODULAR
20 UNITS WITH A CAPACITY OF APPROXIMATELY
21 130 CELLS, INCLUDING SITE PREPARATION 3,842,000
22 (BASE PROJECT ALLOCATION - $3,493,000)
23 (DESIGN AND CONTINGENCIES - $349,000)
24 (B) CONSTRUCTION OF ADDITIONAL HOUSING FOR
25 FEMALE OFFENDERS 322,000
26 (BASE PROJECT ALLOCATION - $322,000)
27 (VIII) STATE CORRECTIONAL INSTITUTION -
28 SMITHFIELD, HUNTINGDON COUNTY
29 (A) PURCHASE AND INSTALLATION OF A POTABLE
30 WATER STORAGE TANK, INCLUDING SITE
19890H2116B3767 - 17 -
1 PREPARATION 870,000
2 (BASE PROJECT ALLOCATION - $725,000)
3 (DESIGN AND CONTINGENCIES - $145,000)
4 (IX) STATE CORRECTIONAL INSTITUTION -
5 WAYNESBURG, GREENE COUNTY
6 (A) PURCHASE AND INSTALLATION OF MODULAR
7 UNITS WITH A CAPACITY OF APPROXIMATELY
8 130 CELLS, INCLUDING SITE PREPARATION 3,732,000
9 (BASE PROJECT ALLOCATION - $3,393,000)
10 (DESIGN AND CONTINGENCIES - $339,000)
11 (X) STATE CORRECTIONAL INSTITUTION -
12 GRATERFORD, MONTGOMERY COUNTY
13 (A) PURCHASE AND INSTALLATION OF MODULAR
14 UNITS WITH A CAPACITY OF APPROXIMATELY
15 130 CELLS, INCLUDING SITE PREPARATION 5,917,000
16 (BASE PROJECT ALLOCATION - $5,325,000)
17 (DESIGN AND CONTINGENCIES - $592,000)
18 (XI) STATE CORRECTIONAL INSTITUTION -
19 HUNTINGDON, HUNTINGDON COUNTY
20 (A) PURCHASE AND INSTALLATION OF MODULAR
21 UNITS WITH A CAPACITY OF APPROXIMATELY
22 130 CELLS, INCLUDING SITE PREPARATION 5,917,000
23 (BASE PROJECT ALLOCATION - $5,325,000)
24 (DESIGN AND CONTINGENCIES - $592,000)
25 SECTION 503. SPECIAL PROVISIONS.
26 (A) EXEMPTIONS.--THE PROJECTS ITEMIZED BY THIS CHAPTER ARE
27 EXEMPT FROM THE PROVISIONS OF THE FIRST PARAGRAPH OF SECTION 1
28 OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT
29 REGULATING THE LETTING OF CERTAIN CONTRACTS FOR THE ERECTION,
30 CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS."
19890H2116B3767 - 18 -
1 (B) CONSTRUCTION OF ACT.--NOTHING IN THIS ACT SHALL BE
2 CONSTRUED AS CHANGING THE INTENDED PURPOSE OF THE STATE REGIONAL
3 CORRECTIONAL FACILITY AT MERCER.
4 (C) CONSTRUCTION MANAGEMENT SERVICES.--THE DEPARTMENT OF
5 GENERAL SERVICES MAY, TO FACILITATE PROJECT MANAGEMENT, CONFLICT
6 RESOLUTION AND TIMELY PROJECT COMPLETION, CONTRACT FOR
7 CONSTRUCTION MANAGEMENT SERVICES, INCLUDING CRITICAL PATH
8 SCHEDULING FOR PROJECTS AUTHORIZED IN THIS ACT.
9 (D) INCENTIVE PAYMENTS.--THE DEPARTMENT OF GENERAL SERVICES
10 MAY DEVELOP A PROCEDURE PROVIDING FOR INCENTIVE PAYMENTS TO
11 CONTRACTORS FOR EARLY COMPLETION OF THEIR OBLIGATIONS UNDER THE
12 CONTRACTS LET PURSUANT TO THIS CHAPTER.
13 (E) INTERDEPARTMENT COMMUNICATION.--THE DEPARTMENT OF
14 GENERAL SERVICES AND THE DEPARTMENT OF CORRECTIONS SHALL DEVELOP
15 A PROCESS TO FACILITATE COMMUNICATION BETWEEN THE DEPARTMENTS,
16 CONTRACTORS AND DESIGN PROFESSIONALS TO AVOID UNNECESSARY DELAYS
17 AND TO EXPEDITE THE PROCESSING OF PROJECT DOCUMENTS FOR PROJECTS
18 AUTHORIZED IN THIS ACT.
19 Section 504. Debt authorization.
20 The Governor, Auditor General and State Treasurer are hereby
21 authorized and directed to borrow, from time to time, in
22 addition to any authorization heretofore or hereafter enacted,
23 on the credit of the Commonwealth, subject to the limitations
24 provided in the current capital budget, money not exceeding in
25 the aggregate the sum of $56,488,000 $277,243,000 as may be <--
26 necessary to carry out the acquisition and construction of the
27 public improvement projects specifically itemized in a capital
28 budget.
29 Section 505. Issue of bonds.
30 The indebtedness authorized in this chapter shall be
19890H2116B3767 - 19 -
1 incurred, from time to time, and shall be evidenced by one or
2 more series of general obligation bonds of the Commonwealth in
3 such aggregate principal amount for each series as the Governor,
4 Auditor General and State Treasurer shall determine, but the
5 latest stated maturity date shall not exceed the estimated
6 useful life of the projects being financed as stated in section
7 506.
8 Section 506. Estimated useful life and term of debt.
9 (a) Estimated useful life.--The General Assembly states that
10 the estimated useful life of the public improvement projects
11 itemized in this chapter is 15 30 years with the exception of <--
12 the public improvement projects itemized in section
13 502(1)(i)(B), (i)(C), (ii)(B) and (v)(B) of this chapter, <--
14 502(1)(III)(A), (IV)(A), (V)(A), (VI)(A), (VII)(A), (IX)(A), <--
15 (X)(A) AND (XI)(A), for which the estimated useful life is 30 15 <--
16 years.
17 (b) Term of debt.--The maximum term of debt authorized to be
18 incurred under this act is 15 30 years. <--
19 Section 507. Appropriation.
20 The net proceeds of the sale of the obligations authorized in
21 this chapter are hereby appropriated from the Capital Facilities
22 Fund to the Department of General Services in the maximum amount
23 of $56,488,000 $277,243,000, to be used by it exclusively to <--
24 defray the financial cost of the public improvement projects
25 specifically itemized in a capital budget. After reserving or
26 paying the expenses of the sale of the obligation, the State
27 Treasurer shall pay to the Department of General Services the
28 moneys as required and certified by it to be legally due and
29 payable.
30 Section 508. Federal funds.
19890H2116B3767 - 20 -
1 In addition to those funds appropriated in section 507, all
2 moneys received from the Federal Government for the projects
3 specifically itemized in this chapter are also hereby
4 appropriated for those projects.
5 Section 509. Insurance proceeds.
6 In addition to those funds appropriated in section 507, all
7 moneys received from the State Insurance Fund or from insurance
8 carriers for fire damage to be repaired, restored or
9 reconstructed for projects specifically itemized in this chapter
10 are also hereby appropriated for those projects.
11 Section 510. Current revenues.
12 The funding for the public improvement projects authorized in
13 section 502(1)(i)(C), (ii)(B) and (v)(B) 502(1)(III)(C), (IV)(B) <--
14 AND (VII)(B) was previously appropriated to the Department of
15 Corrections by the act of July 1, 1989 (P.L.801, No.3A), known
16 as the General Appropriation Act of 1989.
17 SECTION 511. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
18 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
19 NOTWITHSTANDING OTHER PROVISIONS OF LAW, NO SALARY, BENEFIT
20 OR OTHER EXPENSE RELATING TO ANY EMPLOYEE IN THE EXECUTIVE
21 DEPARTMENT SHALL BE PAID FROM THE NET PROCEEDS OF THE
22 OBLIGATIONS HEREIN AUTHORIZED AND APPROPRIATED FROM THE CAPITAL
23 FACILITIES FUND TO THE DEPARTMENT OF GENERAL SERVICES.
24 CHAPTER 7
25 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
26 Section 701. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Construction." The term includes the preparation of
19890H2116B3767 - 21 -
1 drawings and specifications for facilities; erecting, building,
2 altering, remodeling, improving or extending such facilities;
3 and the inspection and supervision of the construction of such
4 facilities. The term does not include any interest in land.
5 "County." Any county of this Commonwealth.
6 "Department." The Department of Corrections of the
7 Commonwealth.
8 "Facility." The term includes any building and related
9 facility, initial equipment, machinery and utilities necessary
10 or appropriate for the criminal justice purpose for which the
11 particular facility was constructed.
12 "Local correctional facility." Any jail, prison or detention
13 facility operated by a county or jointly by more than one county
14 OR BY ANY COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF MAY 2, <--
15 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES
16 ACT OF 1945, and used for the confinement of persons for safe
17 custody. The term does not include any facility used for the
18 detention or confinement of juveniles.
19 Section 702. Referendum to authorize incurring indebtedness.
20 (a) Submission of question to electors.--The question of
21 incurring indebtedness of $200,000,000 for the repair,
22 expansion, construction, reconstruction or rehabilitation of
23 county prisons or multicounty regional prison facilities shall
24 be submitted to the electors at the next primary, municipal or
25 general election following the effective date of this chapter.
26 (b) Certification to county boards of elections.--The
27 Secretary of the Commonwealth shall immediately certify the
28 question under subsection (a) to the county boards of elections.
29 (c) Form of question.--The question shall be in
30 substantially the following form:
19890H2116B3767 - 22 -
1 Do you favor the incurring of indebtedness by the
2 Commonwealth of $200,000,000 to repair, expand,
3 construct, reconstruct and rehabilitate county
4 prisons or multicounty regional prison facilities?
5 (d) Conduct of election.--The election shall be conducted in
6 accordance with the act of June 3, 1937 (P.L.1333, No.320),
7 known as the Pennsylvania Election Code, except that the time
8 limits for advertisement of notice of the election may be waived
9 as to the question.
10 Section 703. Authority to borrow.
11 In the event that the question of incurring indebtedness, as
12 described in section 702, is approved by a majority of those
13 voting on the question in accordance with section 7(a)(3) of
14 Article VIII of the Constitution of Pennsylvania, the Governor,
15 Auditor General and State Treasurer are hereby authorized and
16 directed to borrow, on the credit of the Commonwealth, such sum
17 or sums of money not exceeding in the aggregate the sum of
18 $200,000,000, as may be necessary to carry out the purposes of
19 this chapter.
20 Section 704. Bonds, issue, maturity, interest, etc.
21 (a) Issuance.--As evidence of the indebtedness herein
22 authorized, general obligation bonds of the Commonwealth shall
23 be issued, from time to time for such total amounts, in such
24 forms, in such denominations and subject to such terms and
25 conditions of issue, redemption and maturity, rate or rates of
26 interest and time of payment of interest as the Governor,
27 Auditor General and State Treasurer shall direct, except that
28 the latest stated maturity date shall not exceed 30 years from
29 the date of the bond first issued for each such series.
30 (b) Signatures and seal.--All bonds issued under the
19890H2116B3767 - 23 -
1 authority of this chapter shall bear facsimile signatures of the
2 Governor, the Auditor General and the State Treasurer, and a
3 facsimile of the Great Seal of the Commonwealth, and shall be
4 countersigned by two duly authorized officers of the duly
5 authorized loan and transfer agents of the Commonwealth.
6 (c) Full faith and credit.--All bonds issued in accordance
7 with the provisions of this chapter shall be direct obligations
8 of the Commonwealth and the full faith and credit of the
9 Commonwealth are hereby pledged the payment of the interest
10 thereon as the same shall become due and for the payment of the
11 principal thereof at maturity. All bonds issued under the
12 provisions of this chapter shall be exempt from taxation for
13 State and local purposes. The principal of and interest on such
14 bonds shall be payable in lawful money of the United States of
15 America.
16 (d) Form.--Bonds issued under this chapter may be issued as
17 coupon bonds or registered as to both principal and interest as
18 the issuing officials may determine. If interest coupons are
19 attached, they shall contain the facsimile signature of the
20 State Treasurer.
21 (e) Amount.--The issuing officials shall provide for the
22 amortization of the bonds issued under this chapter in
23 substantial and regular amounts over the term of the debt.
24 (f) Preparation.--The Governor, the Auditor General and the
25 State Treasurer shall proceed to have the necessary bonds
26 prepared and printed. The bonds, as soon as they are prepared
27 and printed, shall be deposited with the duly authorized loan
28 and transfer agent of the Commonwealth, there to remain until
29 sold in accordance with the provisions of this chapter.
30 Section 705. Sale of bonds.
19890H2116B3767 - 24 -
1 (a) Offering for sale.--When bonds are issued under this
2 chapter, they shall be offered for sale and shall be sold by the
3 Governor, the Auditor General and State Treasurer to the highest
4 and best bidder or bidders after due public advertisement, on
5 such terms and conditions and upon such open competitive bidding
6 as the Governor, the Auditor General and the State Treasurer
7 shall direct. The manner and character of advertisement and the
8 times of advertising shall be prescribed by the Governor, the
9 Auditor General and the State Treasurer.
10 (b) Private sale.--Any portion of any bond issue offered
11 under subsection (a) and not sold or subscribed for may be
12 disposed of by private sale by the Governor, the Auditor General
13 and the State Treasurer, in such manner and at such prices as
14 the Governor shall direct.
15 (c) Series.--When bonds are issued from time to time, the
16 bonds of each issue shall constitute a separate series to be
17 designated by the issuing officials or may be combined for sale
18 as one series with other general obligation bonds of the
19 Commonwealth.
20 Section 706. Refunding bonds.
21 The Governor, the Auditor General and the State Treasurer are
22 hereby authorized to provide, by resolution, for the issuance of
23 refunding bonds for the purpose of refunding any bonds issued
24 under the provisions of this chapter and then outstanding,
25 either by voluntary exchange with the holders of such
26 outstanding bonds with accrued interest and any premium payable
27 thereon, at maturity or at any call date. The issuance of
28 refunding bonds, the maturities and other details thereof, the
29 rights of the holders thereof, and the duties of the Governor,
30 the Auditor General and the State Treasurer in respect to
19890H2116B3767 - 25 -
1 refunding bonds shall be governed by the foregoing provisions of
2 this chapter, insofar as they may be applicable. Refunding bonds
3 may be issued by the Governor, the Auditor General and the State
4 Treasurer to refund bonds originally issued or to refund bonds
5 previously issued for refunding purposes.
6 Section 707. Registration of bonds.
7 The Auditor General shall prepare the necessary registry book
8 to be kept in the office of the duly authorized loan and
9 transfer agent of the Commonwealth for the registration of any
10 bonds, at the request of owners thereof, according to the terms
11 and conditions of issue directed by the Governor, the Auditor
12 General and the State Treasurer. All bonds which are issued
13 under this chapter without interest coupons attached shall be
14 registered in the registry books kept by the duly authorized
15 loan and transfer agent of the Commonwealth.
16 Section 708. Disposition and use of proceeds.
17 (a) Creation of Local Criminal Justice Fund.--There is
18 hereby created in the State Treasury a special fund to be known
19 as the Local Criminal Justice Fund. The proceeds realized from
20 the sale of bonds under the provisions of this chapter shall be
21 paid into this special fund and are hereby specifically
22 dedicated to the purpose of the referendum authorized by section
23 702. The moneys shall be paid periodically by the State
24 Treasurer to the department at such times and in such amounts as
25 may be necessary to satisfy the purpose of this chapter.
26 (b) Investment and earnings.--Pending their application to
27 the purposes authorized, moneys held or deposited in the Local
28 Criminal Justice Fund by the State Treasurer may be invested or
29 reinvested as are other funds in the custody of the State
30 Treasurer in the manner provided by law. All earnings received
19890H2116B3767 - 26 -
1 from the investment or deposit of such funds shall be paid into
2 the State Treasury to the credit of the Local Criminal Justice
3 Fund.
4 Section 709. Local Criminal Justice Sinking Fund.
5 All bonds issued under the authority of this chapter shall be
6 redeemed at maturity, and all interest due, from time to time,
7 on such bonds shall be paid from the Local Criminal Justice
8 Sinking Fund, which is hereby created. For the specific purpose
9 of redeeming these bonds at maturity and paying all interest
10 thereon in accordance with the information received from the
11 Governor, the General Assembly shall appropriate moneys for the
12 payment of interest on these bonds and the principal thereof at
13 maturity. All moneys paid into the Local Criminal Justice
14 Sinking Fund, and all of such moneys not necessary to pay
15 accruing interest, shall be invested by the Board of Finance and
16 Revenue in such securities as are provided by law for the
17 investment of the sinking funds of the Commonwealth.
18 Section 710. Expenses of preparation, issue and sale of bonds.
19 There is hereby appropriated to the State Treasurer, from the
20 proceeds of the bonds issued, as much of the moneys as may be
21 necessary for all costs and expenses in connection with the
22 issue of and sale and registration of bonds in connection with
23 this chapter.
24 Section 711. Temporary financing authorization.
25 (a) Temporary borrowing.--Pending the issuance of bonds of
26 the Commonwealth, the Governor, the Auditor General and the
27 State Treasurer are authorized, on the credit of the
28 Commonwealth, to make temporary borrowings of such moneys as may
29 from time to time be necessary to carry out the purposes of this
30 chapter and are authorized in the name and on behalf of the
19890H2116B3767 - 27 -
1 Commonwealth to enter into loan or credit agreements with any
2 banks or trust companies or other lending institutions or
3 persons in the United States having power to enter into the
4 same.
5 (b) Form.--All temporary borrowings made under the authority
6 of this section shall be evidenced by notes of the Commonwealth,
7 which shall be issued from time to time for such amounts, not
8 exceeding in the aggregate the sum of $200,000,000, in such form
9 and in such denominations, and subject to such terms and
10 conditions of issue, prepayment or redemption and maturity, rate
11 of interest and time of payment of interest as the issuing
12 officials shall direct. All notes issued under the authority of
13 this section shall bear the facsimile signatures of the issuing
14 officials and a facsimile of the Great Seal of the Commonwealth,
15 and shall be countersigned by two duly authorized officers of a
16 duly authorized loan and transfer agent of the Commonwealth.
17 (c) Funding and retirement.--All notes under this section
18 shall be funded and retired by the issuance and sale of bonds of
19 the Commonwealth to the extent that payment of these notes has
20 not otherwise been made or provided for.
21 (d) Proceeds.--The proceeds of all temporary borrowings
22 under this section shall be paid into the Local Criminal Justice
23 Fund.
24 Section 712. Quorum.
25 Whenever in this chapter any action is to be taken or any
26 decision is to be made by the Governor, the Auditor General and
27 the State Treasurer, and the three officers are not able to
28 agree unanimously, the action or decision of the Governor and
29 either the Auditor General or the State Treasurer shall be
30 binding and final.
19890H2116B3767 - 28 -
1 Section 713. Information to General Assembly.
2 It shall be the duty of the Governor to include in every
3 budget submitted to the General Assembly full information
4 relating to the issuance of bonds under the provisions of this
5 chapter, and the status of the sinking funds of the Commonwealth
6 for the payment of the interest on those bonds and the principal
7 thereof at maturity.
8 Section 714. Grants to counties.
9 The department shall, by regulation, establish procedures to
10 implement the purposes of this chapter and to make grants to
11 counties OR ANY COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF <--
12 MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
13 AUTHORITIES ACT OF 1945, for the repair, expansion,
14 construction, reconstruction, rehabilitation and improvement of
15 local correctional facilities or multicounty regional prison
16 facilities. These procedures shall include, at a minimum, the
17 following:
18 (1) Applications shall be made to the department by the
19 county or counties requesting the grant.
20 (2) Any grant approved by the department must be matched
21 by funding in a like amount by the county from county funds,
22 except that, if any Federal funding should become available
23 for the construction of local correctional facilities, then
24 both the department and county shares shall be reduced in
25 like proportion.
26 (3) Grants shall be available only for the repair,
27 expansion, construction, reconstruction, rehabilitation and
28 improvement of local correctional facilities or multicounty
29 regional prison facilities.
30 (4) Priority in the grant process shall be given to <--
19890H2116B3767 - 29 -
1 those counties which have expanded their prison facilities
2 within five years of the date of the application and which
3 are presently at or exceeding 115% of rated capacity. Under
4 no circumstances shall any such grant exceed $1,000,000.
5 (4) PRIORITY IN THE GRANT PROCESS SHALL BE GIVEN TO <--
6 THOSE COUNTIES WHICH HAVE EXPANDED THEIR PRISON FACILITIES
7 WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS CHAPTER AND
8 WHICH ARE PRESENTLY AT OR EXCEEDING 115% OF RATED CAPACITY.
9 (5) COUNTIES WHICH HAVE EXPANDED THEIR PRISON FACILITIES
10 WITHIN FIVE YEARS PRECEDING THE EFFECTIVE DATE OF THIS
11 CHAPTER SHALL BE ELIGIBLE FOR A GRANT TO DEFRAY THE COSTS OF
12 SUCH EXPANSION. SUCH A GRANT, NOT TO EXCEED THE AMOUNT OF
13 $1,000,000, SHALL BE AVAILABLE ONLY FOR PROJECTS WHICH
14 OTHERWISE WOULD MEET THE REQUIREMENTS OF THIS CHAPTER AND
15 SUCH A GRANT WOULD NOT PRECLUDE ANY SUCH COUNTY FROM APPLYING
16 FOR OR RECEIVING A GRANT FOR CONSTRUCTION WHICH IS PROCEEDING
17 AS OF THE EFFECTIVE DATE OF THIS CHAPTER OR COMMENCES AFTER
18 THE EFFECTIVE DATE OF THIS CHAPTER.
19 (6) COUNTIES WHICH ARE IN THE PROCESS OF EXPANDING THEIR
20 PRISON FACILITIES AS OF THE EFFECTIVE DATE OF THIS CHAPTER
21 SHALL ALSO RECEIVE PRIORITY IN THE GRANT PROCESS.
22 Section 715. Multicounty regional prison facilities.
23 (a) Authorization to counties.--Any county or counties or
24 any county authority created pursuant to the act of May 2, 1945
25 (P.L.382, No.164), known as the Municipality Authorities Act of
26 1945, are authorized to acquire, hold, construct, finance,
27 improve, maintain, operate, own or lease, either in the capacity
28 of lessor or lessee, any county or multicounty regional prison
29 facility for the purpose of incarcerating their own inmates and
30 inmates of other counties. A county or multicounty regional
19890H2116B3767 - 30 -
1 prison facility may also house Commonwealth inmates.
2 (b) Prison services contracts.--The Commonwealth and any
3 county may enter into contracts with any county or multicounty
4 regional prison facility authorized under subsection (a) for the
5 incarceration of State or county inmates and all services
6 necessary, appropriate or incident to the housing and care of
7 such inmates.
8 Section 716. Appropriation.
9 (a) Appropriation to fund.--The sum of $200,000,000, or as
10 much thereof as is able to be borrowed by temporary financing or
11 by bonds, is hereby appropriated to the Local Criminal Justice
12 Fund for the purposes set forth in this chapter. The General
13 Assembly may make appropriations from time to time to the Local
14 Criminal Justice Fund or to the department to carry out the
15 purposes of this chapter, which appropriations shall be
16 continuing appropriations and shall not lapse.
17 (b) Other sources of funds.--In addition to the moneys
18 appropriated from time to time by the General Assembly for its
19 work, the department is authorized to make application for and
20 expend such Federal grants as may be available and may also
21 receive and expend contributions from other public, quasi-public
22 or private sources as may become available.
23 CHAPTER 9
24 CONSTRUCTION OF NEW PRISON
25 Section 901. Total authorization.
26 The total authorization for the additional capital project in
27 the category of public improvement projects itemized in section
28 902 and to be acquired or constructed by the Department of
29 General Services, its successors or assigns, and to be financed
30 by the incurring of debt, shall be $20,000,000 $5,500,000. <--
19890H2116B3767 - 31 -
1 Section 902. Itemization of public improvement project.
2 Additional capital project in the category of public
3 improvement projects to be acquired or constructed by the
4 Department of General Services, its successors or assigns, and
5 to be financed by the incurring of debt, is hereby itemized,
6 together with its respective estimated financial cost, as
7 follows:
8 Total
9 Project
10 Project Allocation
11 (1) State Correctional Institution - <--
12 Wernersville, Berks County
13 (i) Design and Construction of a 500-Bed
14 Medium Security Prison for Drug and Alcohol
15 Treatment 20,000,000
16 (Base Project Allocation - $16,000,000)
17 (Design and Contingencies - $4,000,000)
18 (1) DRUG AND ALCOHOL TREATMENT FACILITY, FOREST <--
19 COUNTY
20 (I) DESIGN AND CONSTRUCTION OF A FACILITY
21 UNDER THE CONTROL OF THE PENNSYLVANIA BOARD
22 OF PROBATION AND PAROLE FOR DRUG AND
23 ALCOHOL TREATMENT 5,500,000
24 (BASE PROJECT ALLOCATION - $4,500,000)
25 (DESIGN AND CONTINGENCIES - $1,000,000)
26 Section 903. Debt authorization.
27 The Governor, Auditor General and State Treasurer are hereby
28 authorized and directed to borrow, from time to time, in
29 addition to any authorization heretofore or hereafter enacted,
30 on the credit of the Commonwealth, subject to the limitations
19890H2116B3767 - 32 -
1 provided in the current Capital Budget, money not exceeding in
2 the aggregate the sum of $20,000,000 $5,500,000 as may be <--
3 necessary to carry out the acquisition and construction of the
4 public improvement projects specifically itemized in a capital
5 budget.
6 Section 904. Issue of bonds.
7 The indebtedness authorized in this chapter shall be
8 incurred, from time to time, and shall be evidenced by one or
9 more series of general obligation bonds of the Commonwealth in
10 such aggregate principal amount for each series as the Governor,
11 Auditor General and State Treasurer shall determine, but the
12 latest stated maturity date shall not exceed the estimated
13 useful life of the project being financed as stated in section
14 905.
15 Section 905. Estimated useful life and term of debt.
16 (a) Estimated useful life.--The General Assembly states that
17 the estimated useful life of the public improvement projects
18 itemized in this chapter is 30 years.
19 (b) Term of debt.--The maximum term of the debt authorized
20 to be incurred under this chapter is 30 years.
21 Section 906. Appropriation.
22 The net proceeds of the sale of the obligations authorized in
23 this chapter are hereby appropriated from the Capital Facilities
24 Fund to the Department of General Services in the maximum amount
25 of $20,000,000 $5,500,000 to be used by it exclusively to defray <--
26 the financial cost of the public improvement projects
27 specifically itemized in a capital budget. After reserving or
28 paying the expenses of the sale of the obligation, the State
29 Treasurer shall pay to the Department of General Services the
30 moneys as required and certified by it to be legally due and
19890H2116B3767 - 33 -
1 payable.
2 Section 907. Federal funds.
3 In addition to those funds appropriated in section 906, all
4 moneys received from the Federal Government for the project
5 specifically itemized in this chapter are also hereby
6 appropriated for those projects.
7 SECTION 908. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
8 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
9 NOTWITHSTANDING OTHER PROVISIONS OF LAW, NO SALARY, BENEFIT
10 OR OTHER EXPENSE RELATING TO ANY EMPLOYEE IN THE EXECUTIVE
11 DEPARTMENT SHALL BE PAID FROM THE NET PROCEEDS OF THE
12 OBLIGATIONS HEREIN AUTHORIZED AND APPROPRIATED FROM THE CAPITAL
13 FACILITIES FUND TO THE DEPARTMENT OF GENERAL SERVICES.
14 CHAPTER 11
15 MISCELLANEOUS PROVISIONS
16 SECTION 1101. MILITARY INSTALLATION LIMITATION. <--
17 FOR THE PROJECTS ITEMIZED IN THIS ACT, CIVILIAN PRISONERS,
18 EITHER PENDING TRIAL OR APPEAL OR AFTER SENTENCING, SHALL NOT BE
19 INCARCERATED AT ANY MILITARY RESERVATION, BASE OR FACILITY,
20 WHETHER OWNED BY THE FEDERAL OR STATE GOVERNMENT, ON A TEMPORARY
21 OR PERMANENT BASIS.
22 SECTION 1102. LIMITED NONSEVERABLE PROVISIONS.
23 THE PROVISIONS OF CHAPTERS 3, 5 AND 9 OF THIS ACT ARE
24 NONSEVERABLE. IF ANY PROVISION OF CHAPTER 3, 5 OR 9 OF THIS ACT
25 OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
26 INVALID, THE REMAINING PROVISIONS OR APPLICATIONS OF CHAPTERS
27 3, 5 AND 9 OF THIS ACT ARE VOID. THE GENERAL RULE RELATING TO
28 SEVERABILITY SHALL APPLY TO THE REMAINDER OF THIS ACT.
29 Section 1101 1103. Repeals. <--
30 The act of December 21, 1989 (P.L.683, No.89), entitled "An
19890H2116B3767 - 34 -
1 act providing for capital projects for the Department of
2 Corrections; providing for the issuance of bonds; and making an
3 appropriation," is repealed.
4 Section 1102 1104. Retroactivity. <--
5 The provisions of Chapters 5 and 7 of this act shall be
6 retroactive to December 21, 1989.
7 Section 1103 1105. Effective date. <--
8 This act shall take effect immediately.
K13L72DGS/19890H2116B3767 - 35 -