SENATE AMENDED
PRIOR PRINTER'S NOS. 2783, 3210, 3346, PRINTER'S NO. 3953
3731, 3767
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 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 TERMS OF LEASE <--
1 AGREEMENTS.
2 Section 303. Selection of contractor.
3 Section 304. Award of contract.
4 Section 305. Construction oversight and inspection.
5 Section 306. Exemption and nonapplicable acts.
6 Section 307. Capital projects. <--
7 Chapter 5. Modular Prison Units
8 Section 501. Total authorization.
9 SECTION 307. LOCATION OF FACILITY. <--
10 SECTION 308. REPORT TO GENERAL ASSEMBLY.
11 CHAPTER 5. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
12 SECTION 501. TOTAL AUTHORIZATIONS.
13 Section 502. Itemization of public improvement projects.
14 Section 503. Special provisions.
15 Section 504. Debt authorization.
16 Section 505. Issue of bonds.
17 Section 506. Estimated useful life and term of debt.
18 Section 507. Appropriation.
19 Section 508. Federal funds.
20 Section 509. Insurance proceeds.
21 Section 510. Current revenues.
22 SECTION 511. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
23 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
24 Chapter 7. Incurring Indebtedness for County Prisons
25 Section 701. Definitions.
26 Section 702. Referendum to authorize incurring indebtedness.
27 Section 703. Authority to borrow.
28 Section 704. Bonds, issue, maturity, interest, etc.
29 Section 705. Sale of bonds.
30 Section 706. Refunding bonds.
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1 Section 707. Registration of bonds.
2 Section 708. Disposition and use of proceeds.
3 Section 709. Local Criminal Justice Sinking Fund.
4 Section 710. Expenses of preparation, issue and sale of bonds.
5 Section 711. Temporary financing authorization.
6 Section 712. Quorum.
7 Section 713. Information to General Assembly.
8 Section 714. Grants to counties.
9 Section 715. Multicounty regional prison facilities.
10 Section 716. Appropriation.
11 CHAPTER 7. INCURRING INDEBTEDNESS FOR COUNTY PRISONS <--
12 SECTION 701. DEFINITIONS.
13 SECTION 702. REFERENDUM TO AUTHORIZE INCURRING INDEBTEDNESS.
14 SECTION 703. AUTHORITY TO BORROW.
15 SECTION 704. BONDS, ISSUE, MATURITY, INTEREST, ETC.
16 SECTION 705. SALE OF BONDS.
17 SECTION 706. REFUNDING BONDS.
18 SECTION 707. REGISTRATION OF BONDS.
19 SECTION 708. DISPOSITION AND USE OF PROCEEDS.
20 SECTION 709. LOCAL CRIMINAL JUSTICE SINKING FUND.
21 SECTION 710. EXPENSES OF PREPARATION, ISSUE AND SALE OF BONDS.
22 SECTION 711. TEMPORARY FINANCING AUTHORIZATION.
23 SECTION 712. QUORUM.
24 SECTION 713. INFORMATION TO GENERAL ASSEMBLY.
25 SECTION 714. GRANTS TO COUNTIES.
26 SECTION 715. MULTICOUNTY REGIONAL PRISON FACILITIES.
27 SECTION 716. APPROPRIATION.
28 Chapter 9. Construction of New Prison
29 Section 901. Total authorization.
30 Section 902. Itemization of public improvement project.
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1 Section 903. Debt authorization.
2 Section 904. Issue of bonds.
3 Section 905. Estimated useful life and term of debt.
4 Section 906. Appropriation.
5 Section 907. Federal funds.
6 SECTION 908. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
7 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
8 Chapter 11. Miscellaneous Provisions
9 SECTION 1101. MILITARY INSTALLATION LIMITATION. <--
10 SECTION 1102. LIMITED NONSEVERABLE PROVISIONS.
11 Section 1101 1103. Repeals.
12 Section 1102 1104. Retroactivity.
13 Section 1103 1105. Effective date.
14 CHAPTER 11. MULTICOUNTY REGIONAL PRISON FACILITIES <--
15 SECTION 1101. AUTHORIZATION.
16 SECTION 1102. PRISON SERVICES CONTRACTS.
17 CHAPTER 13. MISCELLANEOUS PROVISIONS
18 SECTION 1301. MILITARY INSTALLATION LIMITATION.
19 SECTION 1302. REPEALS.
20 SECTION 1303. RETROACTIVITY.
21 SECTION 1304. EFFECTIVE DATE.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 CHAPTER 1
25 PRELIMINARY PROVISIONS
26 Section 101. Short title.
27 This act shall be known and may be cited as the Prison
28 Facilities Improvement Act.
29 Section 102. Declaration of policy.
30 The General Assembly finds and declares as follows:
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1 (1) The Commonwealth faces a serious problem in the
2 overcrowded prisons.
3 (2) Expeditious procedures are required to resolve the
4 problem.
5 SECTION 103. DEFINITIONS. <--
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
7 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "MODULAR UNIT." A PREFABRICATED, SELF-CONTAINED, READY-TO- <--
10 USE PRISON CELL, WITH PREINSTALLED PLUMBING, ELECTRICAL
11 CIRCUITRY, HEATING, VENTILATING AND AIR CONDITIONING AND
12 SECURITY SYSTEMS, WHICH IS CAPABLE OF BEING INSTALLED AND
13 CONNECTED TO AN EXISTING PHYSICAL PLANT AND INFRASTRUCTURE WITH
14 A MINIMUM OF ON-SITE CONSTRUCTION.
15 "MODULAR UNIT." A PREFABRICATED STRUCTURE DESIGNED TO HOUSE <--
16 INMATES IN INDIVIDUAL CELLS OR A COMBINATION OF CELLS AND
17 DORMITORY HOUSING. THE STRUCTURE IS PRIMARILY FACTORY-FABRICATED
18 AND SITE ASSEMBLED USING PREFINISHED UNITS INTO A COMPLETED
19 INMATE HOUSING STRUCTURE.
20 CHAPTER 3
21 LEASE PURCHASE AGREEMENTS
22 Section 301. Authorization.
23 The Department of General Services is authorized to enter
24 into agreements for the lease or purchase of three ONE 1,000-bed <--
25 prisons PRISON THREE 1,000-CELL PRISONS in this Commonwealth. <--
26 One of these prisons is to be located ANYWHERE in the western <--
27 half of this Commonwealth, one is to be located in the eastern
28 half of this Commonwealth CLEARFIELD COUNTY and one maximum <--
29 security prison is to be located in Greene County. TWO PRISONS <--
30 ARE TO BE LOCATED ANYWHERE IN THIS COMMONWEALTH AND ONE MAXIMUM
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1 SECURITY PRISON IS TO BE LOCATED IN GREENE COUNTY.
2 Section 302. Terms of lease agreements. <--
3 SECTION 302. TERM OF LEASE AGREEMENT. TERMS OF LEASE <--
4 AGREEMENTS.
5 (a) Term.--The terms of the lease agreements TERM OF LEASE <--
6 AGREEMENT TERMS OF THE LEASE AGREEMENTS shall be at least 20
7 years, subject to the exercise of its option by the Commonwealth
8 to purchase under subsection (b).
9 (b) Option.--The Commonwealth shall have the option to
10 purchase each THE EACH facility at the time the facility is <--
11 turned over to the Commonwealth for operation, at the end of the
12 lease term or at intermediate dates as specified in the lease
13 agreements AGREEMENT AGREEMENTS. <--
14 (c) Timing.--The lease agreement shall be executed prior to
15 the commencement of construction. The lease term shall commence
16 upon execution of a lease, at the time the facility is ready for
17 operation or on any date certain prior to the occupancy of the
18 facility.
19 (d) Assignability.--Each THE EACH lease agreement shall <--
20 provide that it may be assigned by the developers with the
21 concurrence of the Commonwealth and shall be in such form that
22 it may be used, as security for a loan or loans to finance the
23 acquisition and construction of the facility.
24 (e) Rent.--Payment of rent by the Commonwealth shall begin
25 when the facility is occupied by the Commonwealth.
26 (f) Option price.--The Department of General Services, in
27 consultation with the Office of the Budget, shall have the
28 authority, through negotiations with the contractor, to
29 determine the cost of the option to purchase each THE EACH <--
30 facility should the Commonwealth choose to exercise its option
19890H2116B3953 - 6 -
1 to purchase, and to determine the amount of payment, if any, due
2 at the end of the term of the lease agreements AGREEMENT <--
3 AGREEMENTS or at other option dates.
4 (g) Prevailing wage requirement.--The lease agreements <--
5 AGREEMENT AGREEMENTS shall provide that the project shall be <--
6 constructed pursuant to prevailing wages as shall be determined
7 by the Department of Labor and Industry.
8 (H) CRITICAL PATH METHOD SCHEDULING.--THE LEASE AGREEMENT <--
9 SHALL MAY PROVIDE THAT CRITICAL PATH METHOD SCHEDULING BE <--
10 UTILIZED.
11 Section 303. Selection of contractor.
12 (a) Specification.--The Department of Corrections, with
13 review by the Department of General Services, shall supply the
14 general specifications for the facilities FACILITY FACILITIES to <--
15 be developed.
16 (b) Advertisement.--The Department of General Services shall
17 advertise for proposals to construct the prisons PRISON PRISONS <--
18 and lease the buildings to the Commonwealth.
19 (c) Committee.--A committee shall be established to review
20 the proposals under subsection (b). This committee shall include
21 representatives from the Department of Corrections, the
22 Department of General Services and the Department of Labor and
23 Industry. THIS COMMITTEE MAY INCLUDE, AT THE DISCRETION OF THE <--
24 MAJORITY AND MINORITY CHAIRMEN OF THE APPROPRIATIONS COMMITTEE
25 OF THE HOUSE OF REPRESENTATIVES AND OF THE APPROPRIATIONS
26 COMMITTEE OF THE SENATE, NONVOTING OVERSIGHT MEMBERS. THE
27 MAJORITY AND MINORITY CHAIRMEN OF THE APPROPRIATIONS COMMITTEE
28 OF THE HOUSE OF REPRESENTATIVES AND OF THE APPROPRIATIONS
29 COMMITTEE OF THE SENATE MAY EACH APPOINT ONE NONVOTING MEMBER TO
30 THE COMMITTEE.
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1 (d) Submission of proposals.--The proposals shall be
2 submitted to the Department of General Services for
3 consideration by the committee.
4 (e) Committee recommendation.--The committee shall recommend
5 a proposal to the Secretary of General Services, the Secretary
6 of Corrections and the Secretary of the Office of the Budget for
7 approval.
8 Section 304. Award of contract.
9 The award of a contract under this chapter shall be made on
10 the basis of the best interest of the Commonwealth to a
11 responsive and responsible proposer. Although cost shall be
12 considered as a factor, it need not be the determining factor.
13 THE SECRETARY OF GENERAL SERVICES, THE SECRETARY OF CORRECTIONS <--
14 AND THE SECRETARY OF THE BUDGET, PRIOR TO THE AWARD OF A
15 CONTRACT UNDER THIS SECTION TO A PROPOSER OTHER THAN THE LOW
16 RESPONSIVE AND RESPONSIBLE PROPOSER, SHALL NOTIFY THE MAJORITY <--
17 AND MINORITY CHAIRMEN OF THE APPROPRIATIONS COMMITTEE OF THE
18 HOUSE OF REPRESENTATIVES AND OF THE APPROPRIATIONS COMMITTEE OF
19 THE SENATE OF THEIR RATIONALE AND JUSTIFICATION FOR SAID AWARD.
20 NO AWARD SHALL BE MADE TO A PROPOSER OTHER THAN THE LOW
21 RESPONSIVE AND RESPONSIBLE PROPOSER UNTIL NOTIFICATION AND TIME <--
22 FOR CONSENT A TIME PERIOD OF FIVE DAYS FROM THE DATE OF
23 NOTIFICATION FOR COMMENT IS GIVEN TO THE MAJORITY AND MINORITY
24 CHAIRMEN OF THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES. THE <--
25 CONFIDENTIALITY OF ANY AND ALL DETAILS OF THE INFORMATION
26 CONTAINED IN THE BID PROPOSALS SHALL BE STRICTLY MAINTAINED.
27 Section 305. Construction oversight and inspection.
28 (a) Responsibility.--The Secretary of the Office of the
29 Budget shall exercise construction audit oversight
30 responsibility during selection of the contractors and during
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1 the design and construction of the facilities. The secretary may
2 retain such consultants and staff as may be necessary to carry
3 out this oversight function, including the use of the current
4 construction audit unit in the Office of the Budget.
5 (b) Inspection.--The Department of General Services or its
6 duly authorized agent, in consultation with the Department of
7 Corrections, shall inspect the facilities in accordance with the
8 provisions of section 2408 of the act of April 9, 1929 (P.L.177,
9 No.175), known as The Administrative Code of 1929, to determine
10 if construction meets the specifications for the facilities.
11 Section 306. Exemption and nonapplicable acts.
12 The facilities authorized in this chapter are exempt from the
13 provisions of the act of March 21, 1986 (P.L.64, No.19), known
14 as the Private Prison Moratorium and Study Act.
15 Section 307. Capital projects. <--
16 (a) Authorization.--In the event that the Commonwealth
17 chooses to exercise its option to purchase the facilities, there
18 are hereby authorized additional capital projects in the
19 category of public improvement for the purpose of the facilities
20 constructed under this chapter. The total authorization for
21 these additional capital projects to be acquired by the
22 Department of General Services, its successors or assigns, and
23 to be financed by the incurring of debt, shall be $263,000,000.
24 (b) Itemization.--Additional capital projects in the
25 category of public improvement projects to be acquired by the
26 Department of General Services, its successors or assigns, and
27 to be financed by the incurring of debt, are hereby itemized,
28 together with their respective estimated financial costs, as
29 follows:
30 Total
19890H2116B3953 - 9 -
1 Project
2 Project Allocation
3 (1) Department of Corrections $263,000,000
4 (i) State Correctional Institution - Eastern
5 Pennsylvania CLEARFIELD COUNTY <--
6 (A) Program development and acquisition of
7 a 1,000-bed facility constructed under
8 lease/purchase agreement in Eastern
9 Pennsylvania CLEARFIELD COUNTY 79,000,000 <--
10 (ii) State Correctional Institution - Western
11 Pennsylvania
12 (A) Program development and acquisition of
13 a 1,000-bed facility constructed under
14 lease/purchase agreement in Western
15 Pennsylvania 79,000,000
16 (iii) State Correctional Institution - Greene
17 County
18 (A) Program development and acquisition of
19 a 1,000-bed facility constructed under
20 lease/purchase agreement in Greene
21 County 105,000,000
22 (c) Debt authorization.--The Governor, Auditor General and
23 State Treasurer are hereby authorized and directed to borrow,
24 from time to time, in addition to any authorization heretofore
25 or hereafter enacted, on the credit of the Commonwealth, subject
26 to the limitations provided in the current capital budget, money
27 not exceeding in the aggregate the sum of $158,000,000
28 $263,000,000, as may be found necessary to carry out the
29 acquisition and construction of the public improvement projects
30 specifically itemized herein.
19890H2116B3953 - 10 -
1 (d) Bonds.--The indebtedness authorized in this chapter
2 shall be incurred, from time to time, and shall be evidenced by
3 one or more series of general obligation bonds of the
4 Commonwealth in such aggregate principal amount for each series
5 as the Governor, Auditor General and State Treasurer shall
6 determine, but the latest stated maturity date shall not exceed
7 the estimated useful life of the projects being financed, as
8 stated in subsection (e).
9 (e) Estimated useful life.--The General Assembly states that
10 the estimated useful life of the public improvement projects
11 itemized herein is not less than 30 years. The maximum term of
12 the debt authorized to be incurred hereunder is 30 years.
13 (f) Appropriation.--The net proceeds of the sale of the
14 obligations herein authorized are hereby appropriated from the
15 Capital Facilities Fund to the Department of General Services in
16 the maximum amount of $263,000,000, to be used by it exclusively
17 to defray the financial cost of the public improvement projects
18 specifically itemized in this chapter. After reserving or paying
19 the expenses of the sale of the obligation, the State Treasurer
20 shall pay to the Department of General Services the moneys as
21 required and certified by it to be legally due and payable.
22 CHAPTER 5
23 MODULAR PRISON UNITS
24 Section 501. Total authorization.
25 The total authorization for the additional capital projects
26 in the category of public improvement projects itemized in
27 section 502 and to be acquired or constructed by the Department
28 of General Services, its successors or assigns, and to be
29 financed by the incurring of debt, shall be $56,488,000. The
30 total authorization for the additional capital projects in the
19890H2116B3953 - 11 -
1 category of public improvement projects itemized in section 502
2 and to be acquired or constructed by the Department of General
3 Services, its successors and assigns and to be financed from
4 insurance proceeds shall be $15,000,000. The total authorization
5 for the additional capital projects in the category of public
6 improvement projects itemized in section 502 and to be acquired
7 or constructed by the Department of General Services, its
8 successors or assigns and to be financed from current revenues
9 appropriated by the act of July 1, 1989 (P.L.801, No.3A), known
10 as the General Appropriation Act of 1989, is $726,000.
11 Section 502. Itemization of public improvement projects.
12 Additional capital projects in the category of public
13 improvement projects to be acquired or constructed by the
14 Department of General Services, its successors or assigns, and
15 to be financed by the incurring of debt, from current revenues
16 or from insurance proceeds, including the State Insurance Fund,
17 are hereby itemized, together with their respective estimated
18 financial costs, as follows:
19 Total
20 Project
21 Project Allocation
22 (1) Department of Corrections $72,214,000
23 (i) State Correctional Institution - Camp
24 Hill, Cumberland County
25 (A) Purchase and installation of modular
26 units with a capacity of approximately
27 500 beds, including site preparation 26,300,000
28 (Base Project Allocation - $23,900,000)
29 (Design and Contingencies - $2,400,000)
30 (B) Reconstruction, renovation and
19890H2116B3953 - 12 -
1 restoration of fire damage to buildings
2 and structures and renovation and
3 upgrading of the physical plant and
4 security systems 15,000,000
5 (Base Project Allocation - $12,750,000)
6 (Design and Contingencies - $2,250,000)
7 (C) Expansion of Diagnostic and
8 Classification Center 242,000
9 (Base Project Allocation - $242,000)
10 (ii) State Correctional Institution - Cresson,
11 Cambria County
12 (A) Purchase and installation of modular
13 units with a capacity of approximately
14 240 beds, including site preparation 7,465,000
15 (Base Project Allocation - $6,786,000)
16 (Design and Contingencies - $679,000)
17 (B) Construction of 52-bed modular unit
18 dormitory for drug and alcohol
19 therapeutic community 162,000
20 (Base Project Allocation - $162,000)
21 (iii) State Correctional Institution -
22 Frackville, Schuylkill County
23 (A) Purchase and installation of modular
24 units with a capacity of approximately
25 120 beds, including site preparation 3,732,000
26 (Base Project Allocation - $3,393,000)
27 (Design and Contingencies - $339,000)
28 (iv) State Correctional Institution - Mercer,
29 Mercer County
30 (A) Purchase and installation of modular
19890H2116B3953 - 13 -
1 units with a capacity of approximately
2 240 beds, including site preparation 7,685,000
3 (Base Project Allocation - $6,986,000)
4 (Design and Contingencies - $699,000)
5 (v) State Correctional Institution - Muncy,
6 Lycoming County
7 (A) Purchase and installation of modular
8 units with a capacity of approximately
9 120 beds, including site preparation 3,842,000
10 (Base Project Allocation - $3,493,000)
11 (Design and Contingencies - $349,000)
12 (B) Construction of additional housing for
13 female offenders 322,000
14 (Base Project Allocation - $322,000)
15 (vi) State Correctional Institutions -
16 Smithfield, Huntingdon County
17 (A) Purchase and installation of modular
18 units with a capacity of approximately
19 120 beds, including site preparation 3,732,000
20 (Base Project Allocation - $3,393,000)
21 (Design and Contingencies - $339,000)
22 (vii) State Correctional Institution -
23 Waynesburg, Greene County
24 (A) Purchase and installation of modular
25 units with a capacity of approximately
26 120 beds, including site preparation 3,732,000
27 (Base Project Allocation - $3,393,000)
28 (Design and Contingencies - $339,000)
29 Section 503. Special provisions.
30 (a) Purchase of units.--The Department of General Services
19890H2116B3953 - 14 -
1 may purchase the modular units authorized in section 502 from
2 either one or several manufacturers or contractors. The purchase
3 price is to include the cost of delivery to a specified,
4 prepared site.
5 (b) Site preparation.--The Department of General Services is
6 authorized to prepare, or contract for the preparation of, sites
7 at various correctional institutions selected by the Department
8 of Corrections. Site preparation includes all work to prepare
9 the actual site of installation and installation as necessary.
10 Provisions of the first paragraph of the act of May 1, 1913
11 (P.L.155, No.104), entitled "An act regulating the letting of
12 certain contracts for the erection, construction, and alteration
13 of public buildings," shall not apply to the awarding of the
14 contract for site preparation for the units.
15 (c) Construction of act.--Nothing in this chapter shall be
16 construed as changing the intended purpose of the State Regional
17 Correctional Facility at Mercer.
18 SECTION 307. LOCATION OF FACILITY. <--
19 THE LOCATION OF THE FACILITY AUTHORIZED BY THIS CHAPTER SHALL <--
20 BE APPROVED PRIOR TO THE EXECUTION OF ANY LEASE AGREEMENT BY A
21 MAJORITY VOTE OF THE COUNTY BOARD OF COMMISSIONERS OR THE COUNTY
22 COUNCIL IN COUNTIES WHICH HAVE ADOPTED A HOME RULE CHARTER AT AN
23 OPEN MEETING, PUBLIC NOTICE OF WHICH HAVING BEEN DULY ADVERTISED
24 IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JULY 3, 1986
25 (P.L.388, NO.84), KNOWN AS THE SUNSHINE ACT.
26 FOR PRISON PROJECTS ITEMIZED IN THIS CHAPTER FOR WHICH A <--
27 LOCATION IS NOT SPECIFIED, THE DEPARTMENT OF GENERAL SERVICES
28 SHALL UPON THE TERMINATION OF THE PERIOD ALLOWED FOR SUBMISSION
29 OF PROPOSALS TO THE DEPARTMENT OF GENERAL SERVICES, NOTIFY THE
30 COUNTY BOARD OF COMMISSIONERS, OR THE COUNTY COUNCIL IN COUNTIES
19890H2116B3953 - 15 -
1 WHICH HAVE ADOPTED A HOME RULE CHARTER, OF EACH COUNTY WHERE A
2 PROPOSAL HAS BEEN RECEIVED FOR A SITE OR SITES WITHIN THE
3 COUNTY. EACH COUNTY BOARD OR COUNCIL SO NOTIFIED MAY DISAPPROVE
4 THE LOCATION OF A PRISON WITHIN THE COUNTY BY A MAJORITY VOTE
5 TAKEN WITHIN 60 DAYS FOLLOWING RECEIPT OF NOTICE FROM THE
6 DEPARTMENT. ANY SUCH COUNTY BOARD OR COUNCIL MAY WAIVE ITS RIGHT
7 TO DISAPPROVE SITES WITHIN THE COUNTY BY MAJORITY VOTE TAKEN AT
8 ANY TIME.
9 SECTION 308. REPORT TO GENERAL ASSEMBLY.
10 THE DEPARTMENT SHALL, EACH MONTH, REPORT TO THE GENERAL
11 ASSEMBLY ANY DEVIATION FROM THE CRITICAL PATH SCHEDULE FOR THE
12 FACILITY AUTHORIZED BY THIS CHAPTER AND SHALL, UPON COMPLETION
13 OF SAID FACILITY, SUBMIT A FINAL REPORT SETTING FORTH THE
14 ADVANTAGES AND DISADVANTAGES OF LEASE/PURCHASE ACQUISITION OF
15 CAPITAL FACILITIES AND MAKING RECOMMENDATIONS.
16 CHAPTER 5
17 ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
18 SECTION 501. TOTAL AUTHORIZATIONS.
19 THE TOTAL AUTHORIZATION FOR ADDITIONAL CAPITAL PROJECTS IN
20 THE CATEGORY OF PUBLIC IMPROVEMENT PROJECTS ITEMIZED IN SECTION
21 502 AND TO BE ACQUIRED OR CONSTRUCTED BY THE DEPARTMENT OF
22 GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS SHALL BE
23 $292,969,000 $235,098,000. THIS AUTHORIZATION SHALL BE ALLOCATED <--
24 AS FOLLOWS:
25 (1) THE SUM OF $277,243,000 $219,372,000 TO BE FINANCED <--
26 BY THE INCURRING OF DEBT.
27 (2) THE SUM OF $15,000,000 TO BE FINANCED FROM INSURANCE
28 PROCEEDS.
29 (3) THE SUM OF $726,000 TO BE FINANCED FROM CURRENT
30 REVENUES APPROPRIATED BY THE ACT OF JULY 1, 1989 (P.L.801,
19890H2116B3953 - 16 -
1 NO.3A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 1989.
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 INSURANCE FUND, ARE
8 HEREBY ITEMIZED, TOGETHER WITH THEIR RESPECTIVE ESTIMATED
9 FINANCIAL COSTS AS FOLLOWS:
10 TOTAL
11 PROJECT
12 PROJECT ALLOCATION
13 (1) DEPARTMENT OF CORRECTIONS $292,969,000 <--
14 (1) DEPARTMENT OF <--
15 CORRECTIONS $235,098,000
16 (I) STATE CORRECTIONAL INSTITUTION -
17 CLEARFIELD COUNTY
18 (A) DESIGN AND CONSTRUCTION OF A 1,000- <--
19 CELL FACILITY TO BE LOCATED IN
20 CLEARFIELD COUNTY 79,000,000
21 (II) STATE CORRECTIONAL INSTITUTION - GREENE
22 COUNTY
23 (A) DESIGN AND CONSTRUCTION OF A 1,000-
24 CELL FACILITY TO BE LOCATED IN GREENE
25 COUNTY 105,000,000
26 (A) PROGRAM DEVELOPMENT AND DESIGN OF A <--
27 PROTOTYPICAL 1,000-CELL FACILITY TO BE
28 USED IN CONSTRUCTION OF A FACILITY IN
29 CLEARFIELD COUNTY AND OTHER STATE
30 PRISON PROJECTS. 12,000,000
19890H2116B3953 - 17 -
1 (B) CONSTRUCTION OF A 1,000-CELL FACILITY
2 TO BE LOCATED IN CLEARFIELD COUNTY,
3 INCLUDING LAND ACQUISITION 73,000,000
4 (III) (II) STATE CORRECTIONAL INSTITUTION - <--
5 CAMP HILL, CUMBERLAND COUNTY
6 (A) PURCHASE AND INSTALLATION OF MODULAR
7 UNITS WITH A CAPACITY OF APPROXIMATELY
8 650 CELLS, INCLUDING SITE PREPARATION 31,213,000
9 (BASE PROJECT ALLOCATION - $28,092,000)
10 (DESIGN AND CONTINGENCIES - $3,121,000)
11 (B) CONSTRUCTION, RECONSTRUCTION,
12 RENOVATION AND RESTORATION OF FIRE
13 DAMAGE TO BUILDINGS AND STRUCTURES, AND
14 RENOVATION AND UPGRADING OF THE
15 PHYSICAL PLANT AND SECURITY SYSTEMS 47,400,000
16 (BASE PROJECT ALLOCATION - $42,660,000)
17 (DESIGN AND CONTINGENCIES - $4,740,000)
18 (C) EXPANSION OF DIAGNOSTIC AND
19 CLASSIFICATION CENTER 242,000
20 (BASE PROJECT ALLOCATION - $242,000)
21 (IV) (III) STATE CORRECTIONAL INSTITUTION - <--
22 CRESSON, CAMBRIA COUNTY
23 (A) PURCHASE AND INSTALLATION OF MODULAR
24 UNITS WITH A CAPACITY OF APPROXIMATELY
25 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
26 (BASE PROJECT ALLOCATION - $2,739,000)
27 (DESIGN AND CONTINGENCIES - 305,000)
28 (B) CONSTRUCTION OF A 52-BED 52-CELL <--
29 MODULAR UNIT DORMITORY FOR DRUG AND
30 ALCOHOL THERAPEUTIC COMMUNITY 162,000
19890H2116B3953 - 18 -
1 (BASE PROJECT ALLOCATION - $162,000)
2 (V) (IV) STATE CORRECTIONAL INSTITUTION - <--
3 FRACKVILLE, SCHUYLKILL COUNTY
4 (A) PURCHASE AND INSTALLATION OF MODULAR
5 UNITS WITH A CAPACITY OF APPROXIMATELY
6 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
7 (BASE PROJECT ALLOCATION - $2,739,000)
8 (DESIGN AND CONTINGENCIES - $305,000)
9 (B) CONNECT INSTITUTION SEWAGE PLANT WITH <--
10 MUNICIPAL SEWAGE SYSTEM 255,000
11 (BASE PROJECT ALLOCATION - $255,000)
12 (VI) (V) STATE CORRECTIONAL INSTITUTION - <--
13 MERCER, MERCER COUNTY
14 (A) PURCHASE AND INSTALLATION OF MODULAR
15 UNITS WITH A CAPACITY OF APPROXIMATELY
16 130 CELLS, INCLUDING SITE PREPARATION 3,044,000
17 (BASE PROJECT ALLOCATION - $2,739,000)
18 (DESIGN AND CONTINGENCIES - 305,000)
19 (B) CONSTRUCTION AND INSTALLATION OF A
20 ROAD AND FENCE 220,000
21 (BASE PROJECT ALLOCATION - $198,000)
22 (DESIGN AND CONTINGENCIES - $22,000
23 (VII) (VI) STATE CORRECTIONAL INSTITUTION - <--
24 MUNCY, LYCOMING COUNTY
25 (A) PURCHASE AND INSTALLATION OF MODULAR
26 UNITS WITH A CAPACITY OF APPROXIMATELY
27 130 CELLS, INCLUDING SITE PREPARATION 3,842,000
28 (BASE PROJECT ALLOCATION - $3,493,000)
29 (DESIGN AND CONTINGENCIES - $349,000)
30 (B) CONSTRUCTION OF ADDITIONAL HOUSING FOR
19890H2116B3953 - 19 -
1 FEMALE OFFENDERS 322,000
2 (BASE PROJECT ALLOCATION - $322,000)
3 (C) SEWAGE PLANT EXPANSION 738,000 <--
4 (BASE PROJECT ALLOCATION - $738,000)
5 (D) KITCHEN/LAUNDRY EXPANSION 576,000
6 (BASE PROJECT ALLOCATION - $576,000)
7 (VIII) (VII) STATE CORRECTIONAL INSTITUTION - <--
8 SMITHFIELD, HUNTINGDON COUNTY
9 (A) PURCHASE AND INSTALLATION OF A POTABLE
10 WATER STORAGE TANK, INCLUDING SITE
11 PREPARATION 870,000
12 (BASE PROJECT ALLOCATION - $725,000)
13 (DESIGN AND CONTINGENCIES - $145,000)
14 (IX) (VIII) STATE CORRECTIONAL INSTITUTION - <--
15 WAYNESBURG, GREENE COUNTY
16 (A) PURCHASE AND INSTALLATION OF MODULAR
17 UNITS WITH A CAPACITY OF APPROXIMATELY
18 130 CELLS, INCLUDING SITE PREPARATION 3,732,000
19 (BASE PROJECT ALLOCATION - $3,393,000)
20 (DESIGN AND CONTINGENCIES - $339,000)
21 (B) SEWAGE PLANT 505,000 <--
22 (BASE PROJECT ALLOCATION - $505,000)
23 (X) (IX) STATE CORRECTIONAL INSTITUTION - <--
24 GRATERFORD, MONTGOMERY COUNTY
25 (A) PURCHASE AND INSTALLATION OF MODULAR
26 UNITS WITH A CAPACITY OF APPROXIMATELY
27 130 CELLS, INCLUDING SITE PREPARATION 5,917,000
28 (BASE PROJECT ALLOCATION - $5,325,000)
29 (DESIGN AND CONTINGENCIES - $592,000)
30 (B) NEW KITCHEN/DINING ROOM 7,155,000 <--
19890H2116B3953 - 20 -
1 (BASE PROJECT ALLOCATION - $7,155,000)
2 (XI) (X) STATE CORRECTIONAL INSTITUTION - <--
3 HUNTINGDON, HUNTINGDON COUNTY
4 (A) PURCHASE AND INSTALLATION OF MODULAR
5 UNITS WITH A CAPACITY OF APPROXIMATELY
6 130 CELLS, INCLUDING SITE PREPARATION 5,917,000
7 (BASE PROJECT ALLOCATION - $5,325,000)
8 (DESIGN AND CONTINGENCIES - $592,000)
9 (XI) STATE CORRECTIONAL INSTITUTION - CITY OF <--
10 CHESTER
11 (A) ADDITIONAL FUNDS FOR DGS 576-7;
12 CONSTRUCTION OF A NEW PRISON FACILITY
13 TO HOUSE AND PROVIDE TREATMENT FOR DRUG
14 OFFENDERS, INCLUDING LAND ACQUISITION 31,900,000
15 (BASE PROJECT ALLOCATION - $28,710,000)
16 (DESIGN AND CONTINGENCIES - $3,190,000)
17 SECTION 503. SPECIAL PROVISIONS.
18 (A) EXEMPTIONS.--THE PROJECTS ITEMIZED BY THIS CHAPTER IN <--
19 SECTION 502(1)(II)(A), (III)(A), (IV)(A), (V)(A), (VI)(A),
20 (VIII)(A), (IX)(A) AND (X)(A) ARE EXEMPT FROM THE PROVISIONS OF
21 THE FIRST PARAGRAPH OF SECTION 1 OF THE ACT OF MAY 1, 1913
22 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE LETTING OF
23 CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND ALTERATION
24 OF PUBLIC BUILDINGS."
25 (B) CONSTRUCTION OF ACT.--NOTHING IN THIS ACT SHALL BE
26 CONSTRUED AS CHANGING THE INTENDED PURPOSE OF THE STATE REGIONAL
27 CORRECTIONAL FACILITY AT MERCER.
28 (C) CONSTRUCTION MANAGEMENT SERVICES.--THE DEPARTMENT OF
29 GENERAL SERVICES MAY, TO FACILITATE PROJECT MANAGEMENT, CONFLICT
30 RESOLUTION AND TIMELY PROJECT COMPLETION, CONTRACT FOR
19890H2116B3953 - 21 -
1 CONSTRUCTION MANAGEMENT SERVICES, INCLUDING CRITICAL PATH
2 SCHEDULING FOR PROJECTS AUTHORIZED IN THIS ACT.
3 (D) INCENTIVE PAYMENTS.--THE DEPARTMENT OF GENERAL SERVICES
4 MAY DEVELOP A PROCEDURE PROVIDING FOR INCENTIVE PAYMENTS TO
5 CONTRACTORS FOR EARLY COMPLETION OF THEIR OBLIGATIONS UNDER THE
6 CONTRACTS LET PURSUANT TO THIS CHAPTER.
7 (E) INTERDEPARTMENT COMMUNICATION.--THE DEPARTMENT OF
8 GENERAL SERVICES AND THE DEPARTMENT OF CORRECTIONS SHALL DEVELOP
9 A PROCESS TO FACILITATE COMMUNICATION BETWEEN THE DEPARTMENTS,
10 CONTRACTORS AND DESIGN PROFESSIONALS TO AVOID UNNECESSARY DELAYS
11 AND TO EXPEDITE THE PROCESSING OF PROJECT DOCUMENTS FOR PROJECTS
12 AUTHORIZED IN THIS ACT.
13 (F) PROGRAM DEVELOPMENT AND DESIGN.--THE DEPARTMENT OF <--
14 GENERAL SERVICES SHALL, THROUGH A REQUEST FOR PROPOSALS,
15 CONTRACT FOR PROFESSIONAL SERVICES NEEDED TO PREPARE PLANNING
16 AND DESIGN DOCUMENTS WHICH WILL BE USED TO DEVELOP PROTOTYPE
17 SOLICITATIONS FOR PROPOSALS. SOLICITATIONS FOR PROPOSALS WILL BE
18 DEVELOPED FOR 1,000-CELL MAXIMUM SECURITY PRISONS AND 1,000-CELL
19 MEDIUM SECURITY PRISONS.
20 Section 504. Debt authorization.
21 The Governor, Auditor General and State Treasurer are hereby
22 authorized and directed to borrow, from time to time, in
23 addition to any authorization heretofore or hereafter enacted,
24 on the credit of the Commonwealth, subject to the limitations
25 provided in the current capital budget, money not exceeding in
26 the aggregate the sum of $56,488,000 $277,243,000 $219,372,000 <--
27 as may be necessary to carry out the acquisition and
28 construction of the public improvement projects specifically
29 itemized in a capital budget.
30 Section 505. Issue of bonds.
19890H2116B3953 - 22 -
1 The indebtedness authorized in this chapter shall be
2 incurred, from time to time, and shall be evidenced by one or
3 more series of general obligation bonds of the Commonwealth in
4 such aggregate principal amount for each series as the Governor,
5 Auditor General and State Treasurer shall determine, but the
6 latest stated maturity date shall not exceed the estimated
7 useful life of the projects being financed as stated in section
8 506.
9 Section 506. Estimated useful life and term of debt.
10 (a) Estimated useful life.--The General Assembly states that
11 the estimated useful life of the public improvement projects
12 itemized in this chapter is 15 30 years with the exception of <--
13 the public improvement projects itemized in section
14 502(1)(i)(B), (i)(C), (ii)(B) and (v)(B) of this chapter, <--
15 502(1)(III)(A), (IV)(A), (V)(A), (VI)(A), (VII)(A), (IX)(A), <--
16 (X)(A) AND (XI)(A), 502(1)(II)(A), (III)(A), (IV)(A), (V)(A), <--
17 (VI)(A), (VIII)(A), (IX)(A) AND (X)(A) for which the estimated
18 useful life is 30 15 years. <--
19 (b) Term of debt.--The maximum term of debt authorized to be
20 incurred under this act is 15 30 years. <--
21 Section 507. 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 $56,488,000 $277,243,000 $219,372,000, to be used by it <--
26 exclusively to defray the financial cost of the public
27 improvement projects specifically itemized in a capital budget.
28 After reserving or paying the expenses of the sale of the
29 obligation, the State Treasurer shall pay to the Department of
30 General Services the moneys as required and certified by it to
19890H2116B3953 - 23 -
1 be legally due and payable.
2 Section 508. Federal funds.
3 In addition to those funds appropriated in section 507, all
4 moneys received from the Federal Government for the projects
5 specifically itemized in this chapter are also hereby
6 appropriated for those projects.
7 Section 509. Insurance proceeds.
8 In addition to those funds appropriated in section 507, all
9 moneys received from the State Insurance Fund or from insurance
10 carriers for fire damage to be repaired, restored or
11 reconstructed for projects specifically itemized in this chapter
12 are also hereby appropriated for those projects.
13 Section 510. Current revenues.
14 The funding for the public improvement projects authorized in
15 section 502(1)(i)(C), (ii)(B) and (v)(B) 502(1)(III)(C), (IV)(B) <--
16 AND (VII)(B) 502(1)(II)(C), (III) AND (VI) was previously <--
17 appropriated to the Department of Corrections by the act of July
18 1, 1989 (P.L.801, No.3A), known as the General Appropriation Act
19 of 1989.
20 SECTION 511. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
21 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
22 NOTWITHSTANDING OTHER PROVISIONS OF LAW, NO SALARY, BENEFIT
23 OR OTHER EXPENSE RELATING TO ANY EMPLOYEE IN THE EXECUTIVE
24 DEPARTMENT SHALL BE PAID FROM THE NET PROCEEDS OF THE
25 OBLIGATIONS HEREIN AUTHORIZED AND APPROPRIATED FROM THE CAPITAL
26 FACILITIES FUND TO THE DEPARTMENT OF GENERAL SERVICES.
27 CHAPTER 7
28 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
29 Section 701. Definitions.
30 The following words and phrases when used in this chapter
19890H2116B3953 - 24 -
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Construction." The term includes the preparation of
4 drawings and specifications for facilities; erecting, building,
5 altering, remodeling, improving or extending such facilities;
6 and the inspection and supervision of the construction of such
7 facilities. The term does not include any interest in land.
8 "County." Any county of this Commonwealth.
9 "Department." The Department of Corrections of the
10 Commonwealth.
11 "Facility." The term includes any building and related
12 facility, initial equipment, machinery and utilities necessary
13 or appropriate for the criminal justice purpose for which the
14 particular facility was constructed.
15 "Local correctional facility." Any jail, prison or detention
16 facility operated by a county or jointly by more than one county
17 OR BY ANY COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF MAY 2, <--
18 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES
19 ACT OF 1945, and used for the confinement of persons for safe
20 custody. The term does not include any facility used for the
21 detention or confinement of juveniles.
22 Section 702. Referendum to authorize incurring indebtedness.
23 (a) Submission of question to electors.--The question of
24 incurring indebtedness of $200,000,000 for the repair,
25 expansion, construction, reconstruction or rehabilitation of
26 county prisons or multicounty regional prison facilities shall
27 be submitted to the electors at the next primary, municipal or
28 general election following the effective date of this chapter.
29 (b) Certification to county boards of elections.--The
30 Secretary of the Commonwealth shall immediately certify the
19890H2116B3953 - 25 -
1 question under subsection (a) to the county boards of elections.
2 (c) Form of question.--The question shall be in
3 substantially the following form:
4 Do you favor the incurring of indebtedness by the
5 Commonwealth of $200,000,000 to repair, expand,
6 construct, reconstruct and rehabilitate county
7 prisons or multicounty regional prison facilities?
8 (d) Conduct of election.--The election shall be conducted in
9 accordance with the act of June 3, 1937 (P.L.1333, No.320),
10 known as the Pennsylvania Election Code, except that the time
11 limits for advertisement of notice of the election may be waived
12 as to the question.
13 Section 703. Authority to borrow.
14 In the event that the question of incurring indebtedness, as
15 described in section 702, is approved by a majority of those
16 voting on the question in accordance with section 7(a)(3) of
17 Article VIII of the Constitution of Pennsylvania, the Governor,
18 Auditor General and State Treasurer are hereby authorized and
19 directed to borrow, on the credit of the Commonwealth, such sum
20 or sums of money not exceeding in the aggregate the sum of
21 $200,000,000, as may be necessary to carry out the purposes of
22 this chapter.
23 Section 704. Bonds, issue, maturity, interest, etc.
24 (a) Issuance.--As evidence of the indebtedness herein
25 authorized, general obligation bonds of the Commonwealth shall
26 be issued, from time to time for such total amounts, in such
27 forms, in such denominations and subject to such terms and
28 conditions of issue, redemption and maturity, rate or rates of
29 interest and time of payment of interest as the Governor,
30 Auditor General and State Treasurer shall direct, except that
19890H2116B3953 - 26 -
1 the latest stated maturity date shall not exceed 30 years from
2 the date of the bond first issued for each such series.
3 (b) Signatures and seal.--All bonds issued under the
4 authority of this chapter shall bear facsimile signatures of the
5 Governor, the Auditor General and the State Treasurer, and a
6 facsimile of the Great Seal of the Commonwealth, and shall be
7 countersigned by two duly authorized officers of the duly
8 authorized loan and transfer agents of the Commonwealth.
9 (c) Full faith and credit.--All bonds issued in accordance
10 with the provisions of this chapter shall be direct obligations
11 of the Commonwealth and the full faith and credit of the
12 Commonwealth are hereby pledged the payment of the interest
13 thereon as the same shall become due and for the payment of the
14 principal thereof at maturity. All bonds issued under the
15 provisions of this chapter shall be exempt from taxation for
16 State and local purposes. The principal of and interest on such
17 bonds shall be payable in lawful money of the United States of
18 America.
19 (d) Form.--Bonds issued under this chapter may be issued as
20 coupon bonds or registered as to both principal and interest as
21 the issuing officials may determine. If interest coupons are
22 attached, they shall contain the facsimile signature of the
23 State Treasurer.
24 (e) Amount.--The issuing officials shall provide for the
25 amortization of the bonds issued under this chapter in
26 substantial and regular amounts over the term of the debt.
27 (f) Preparation.--The Governor, the Auditor General and the
28 State Treasurer shall proceed to have the necessary bonds
29 prepared and printed. The bonds, as soon as they are prepared
30 and printed, shall be deposited with the duly authorized loan
19890H2116B3953 - 27 -
1 and transfer agent of the Commonwealth, there to remain until
2 sold in accordance with the provisions of this chapter.
3 Section 705. Sale of bonds.
4 (a) Offering for sale.--When bonds are issued under this
5 chapter, they shall be offered for sale and shall be sold by the
6 Governor, the Auditor General and State Treasurer to the highest
7 and best bidder or bidders after due public advertisement, on
8 such terms and conditions and upon such open competitive bidding
9 as the Governor, the Auditor General and the State Treasurer
10 shall direct. The manner and character of advertisement and the
11 times of advertising shall be prescribed by the Governor, the
12 Auditor General and the State Treasurer.
13 (b) Private sale.--Any portion of any bond issue offered
14 under subsection (a) and not sold or subscribed for may be
15 disposed of by private sale by the Governor, the Auditor General
16 and the State Treasurer, in such manner and at such prices as
17 the Governor shall direct.
18 (c) Series.--When bonds are issued from time to time, the
19 bonds of each issue shall constitute a separate series to be
20 designated by the issuing officials or may be combined for sale
21 as one series with other general obligation bonds of the
22 Commonwealth.
23 Section 706. Refunding bonds.
24 The Governor, the Auditor General and the State Treasurer are
25 hereby authorized to provide, by resolution, for the issuance of
26 refunding bonds for the purpose of refunding any bonds issued
27 under the provisions of this chapter and then outstanding,
28 either by voluntary exchange with the holders of such
29 outstanding bonds with accrued interest and any premium payable
30 thereon, at maturity or at any call date. The issuance of
19890H2116B3953 - 28 -
1 refunding bonds, the maturities and other details thereof, the
2 rights of the holders thereof, and the duties of the Governor,
3 the Auditor General and the State Treasurer in respect to
4 refunding bonds shall be governed by the foregoing provisions of
5 this chapter, insofar as they may be applicable. Refunding bonds
6 may be issued by the Governor, the Auditor General and the State
7 Treasurer to refund bonds originally issued or to refund bonds
8 previously issued for refunding purposes.
9 Section 707. Registration of bonds.
10 The Auditor General shall prepare the necessary registry book
11 to be kept in the office of the duly authorized loan and
12 transfer agent of the Commonwealth for the registration of any
13 bonds, at the request of owners thereof, according to the terms
14 and conditions of issue directed by the Governor, the Auditor
15 General and the State Treasurer. All bonds which are issued
16 under this chapter without interest coupons attached shall be
17 registered in the registry books kept by the duly authorized
18 loan and transfer agent of the Commonwealth.
19 Section 708. Disposition and use of proceeds.
20 (a) Creation of Local Criminal Justice Fund.--There is
21 hereby created in the State Treasury a special fund to be known
22 as the Local Criminal Justice Fund. The proceeds realized from
23 the sale of bonds under the provisions of this chapter shall be
24 paid into this special fund and are hereby specifically
25 dedicated to the purpose of the referendum authorized by section
26 702. The moneys shall be paid periodically by the State
27 Treasurer to the department at such times and in such amounts as
28 may be necessary to satisfy the purpose of this chapter.
29 (b) Investment and earnings.--Pending their application to
30 the purposes authorized, moneys held or deposited in the Local
19890H2116B3953 - 29 -
1 Criminal Justice Fund by the State Treasurer may be invested or
2 reinvested as are other funds in the custody of the State
3 Treasurer in the manner provided by law. All earnings received
4 from the investment or deposit of such funds shall be paid into
5 the State Treasury to the credit of the Local Criminal Justice
6 Fund.
7 Section 709. Local Criminal Justice Sinking Fund.
8 All bonds issued under the authority of this chapter shall be
9 redeemed at maturity, and all interest due, from time to time,
10 on such bonds shall be paid from the Local Criminal Justice
11 Sinking Fund, which is hereby created. For the specific purpose
12 of redeeming these bonds at maturity and paying all interest
13 thereon in accordance with the information received from the
14 Governor, the General Assembly shall appropriate moneys for the
15 payment of interest on these bonds and the principal thereof at
16 maturity. All moneys paid into the Local Criminal Justice
17 Sinking Fund, and all of such moneys not necessary to pay
18 accruing interest, shall be invested by the Board of Finance and
19 Revenue in such securities as are provided by law for the
20 investment of the sinking funds of the Commonwealth.
21 Section 710. Expenses of preparation, issue and sale of bonds.
22 There is hereby appropriated to the State Treasurer, from the
23 proceeds of the bonds issued, as much of the moneys as may be
24 necessary for all costs and expenses in connection with the
25 issue of and sale and registration of bonds in connection with
26 this chapter.
27 Section 711. Temporary financing authorization.
28 (a) Temporary borrowing.--Pending the issuance of bonds of
29 the Commonwealth, the Governor, the Auditor General and the
30 State Treasurer are authorized, on the credit of the
19890H2116B3953 - 30 -
1 Commonwealth, to make temporary borrowings of such moneys as may
2 from time to time be necessary to carry out the purposes of this
3 chapter and are authorized in the name and on behalf of the
4 Commonwealth to enter into loan or credit agreements with any
5 banks or trust companies or other lending institutions or
6 persons in the United States having power to enter into the
7 same.
8 (b) Form.--All temporary borrowings made under the authority
9 of this section shall be evidenced by notes of the Commonwealth,
10 which shall be issued from time to time for such amounts, not
11 exceeding in the aggregate the sum of $200,000,000, in such form
12 and in such denominations, and subject to such terms and
13 conditions of issue, prepayment or redemption and maturity, rate
14 of interest and time of payment of interest as the issuing
15 officials shall direct. All notes issued under the authority of
16 this section shall bear the facsimile signatures of the issuing
17 officials and a facsimile of the Great Seal of the Commonwealth,
18 and shall be countersigned by two duly authorized officers of a
19 duly authorized loan and transfer agent of the Commonwealth.
20 (c) Funding and retirement.--All notes under this section
21 shall be funded and retired by the issuance and sale of bonds of
22 the Commonwealth to the extent that payment of these notes has
23 not otherwise been made or provided for.
24 (d) Proceeds.--The proceeds of all temporary borrowings
25 under this section shall be paid into the Local Criminal Justice
26 Fund.
27 Section 712. Quorum.
28 Whenever in this chapter any action is to be taken or any
29 decision is to be made by the Governor, the Auditor General and
30 the State Treasurer, and the three officers are not able to
19890H2116B3953 - 31 -
1 agree unanimously, the action or decision of the Governor and
2 either the Auditor General or the State Treasurer shall be
3 binding and final.
4 Section 713. Information to General Assembly.
5 It shall be the duty of the Governor to include in every
6 budget submitted to the General Assembly full information
7 relating to the issuance of bonds under the provisions of this
8 chapter, and the status of the sinking funds of the Commonwealth
9 for the payment of the interest on those bonds and the principal
10 thereof at maturity.
11 Section 714. Grants to counties.
12 The department shall, by regulation, establish procedures to
13 implement the purposes of this chapter and to make grants to
14 counties OR ANY COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF <--
15 MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
16 AUTHORITIES ACT OF 1945, for the repair, expansion,
17 construction, reconstruction, rehabilitation and improvement of
18 local correctional facilities or multicounty regional prison
19 facilities. These procedures shall include, at a minimum, the
20 following:
21 (1) Applications shall be made to the department by the
22 county or counties requesting the grant.
23 (2) Any grant approved by the department must be matched
24 by funding in a like amount by the county from county funds,
25 except that, if any Federal funding should become available
26 for the construction of local correctional facilities, then
27 both the department and county shares shall be reduced in
28 like proportion.
29 (3) Grants shall be available only for the repair,
30 expansion, construction, reconstruction, rehabilitation and
19890H2116B3953 - 32 -
1 improvement of local correctional facilities or multicounty
2 regional prison facilities.
3 (4) Priority in the grant process shall be given to <--
4 those counties which have expanded their prison facilities
5 within five years of the date of the application and which
6 are presently at or exceeding 115% of rated capacity. Under
7 no circumstances shall any such grant exceed $1,000,000.
8 (4) PRIORITY IN THE GRANT PROCESS SHALL BE GIVEN TO <--
9 THOSE COUNTIES WHICH HAVE EXPANDED THEIR PRISON FACILITIES
10 WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS CHAPTER AND
11 WHICH ARE PRESENTLY AT OR EXCEEDING 115% OF RATED CAPACITY.
12 (5) COUNTIES WHICH HAVE EXPANDED THEIR PRISON FACILITIES
13 WITHIN FIVE YEARS PRECEDING THE EFFECTIVE DATE OF THIS
14 CHAPTER SHALL BE ELIGIBLE FOR A GRANT TO DEFRAY THE COSTS OF
15 SUCH EXPANSION. SUCH A GRANT, NOT TO EXCEED THE AMOUNT OF
16 $1,000,000, SHALL BE AVAILABLE ONLY FOR PROJECTS WHICH
17 OTHERWISE WOULD MEET THE REQUIREMENTS OF THIS CHAPTER AND
18 SUCH A GRANT WOULD NOT PRECLUDE ANY SUCH COUNTY FROM APPLYING
19 FOR OR RECEIVING A GRANT FOR CONSTRUCTION WHICH IS PROCEEDING
20 AS OF THE EFFECTIVE DATE OF THIS CHAPTER OR COMMENCES AFTER
21 THE EFFECTIVE DATE OF THIS CHAPTER.
22 (6) COUNTIES WHICH ARE IN THE PROCESS OF EXPANDING THEIR
23 PRISON FACILITIES AS OF THE EFFECTIVE DATE OF THIS CHAPTER
24 SHALL ALSO RECEIVE PRIORITY IN THE GRANT PROCESS.
25 Section 715. Multicounty regional prison facilities.
26 (a) Authorization to counties.--Any county or counties or
27 any county authority created pursuant to the act of May 2, 1945
28 (P.L.382, No.164), known as the Municipality Authorities Act of
29 1945, are authorized to acquire, hold, construct, finance,
30 improve, maintain, operate, own or lease, either in the capacity
19890H2116B3953 - 33 -
1 of lessor or lessee, any county or multicounty regional prison
2 facility for the purpose of incarcerating their own inmates and
3 inmates of other counties. A county or multicounty regional
4 prison facility may also house Commonwealth inmates.
5 (b) Prison services contracts.--The Commonwealth and any
6 county may enter into contracts with any county or multicounty
7 regional prison facility authorized under subsection (a) for the
8 incarceration of State or county inmates and all services
9 necessary, appropriate or incident to the housing and care of
10 such inmates.
11 Section 716. Appropriation.
12 (a) Appropriation to fund.--The sum of $200,000,000, or as
13 much thereof as is able to be borrowed by temporary financing or
14 by bonds, is hereby appropriated to the Local Criminal Justice
15 Fund for the purposes set forth in this chapter. The General
16 Assembly may make appropriations from time to time to the Local
17 Criminal Justice Fund or to the department to carry out the
18 purposes of this chapter, which appropriations shall be
19 continuing appropriations and shall not lapse.
20 (b) Other sources of funds.--In addition to the moneys
21 appropriated from time to time by the General Assembly for its
22 work, the department is authorized to make application for and
23 expend such Federal grants as may be available and may also
24 receive and expend contributions from other public, quasi-public
25 or private sources as may become available.
26 CHAPTER 7 <--
27 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
28 SECTION 701. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
19890H2116B3953 - 34 -
1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 "CONSTRUCTION." THE TERM INCLUDES THE PREPARATION OF
3 DRAWINGS AND SPECIFICATIONS FOR FACILITIES; ERECTING, BUILDING,
4 ALTERING, REMODELING, IMPROVING OR EXTENDING SUCH FACILITIES;
5 AND THE INSPECTION AND SUPERVISION OF THE CONSTRUCTION OF SUCH
6 FACILITIES. THE TERM DOES NOT INCLUDE ANY INTEREST IN LAND.
7 "COUNTY." ANY COUNTY OF THIS COMMONWEALTH.
8 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
9 COMMONWEALTH.
10 "FACILITY." THE TERM INCLUDES ANY BUILDING AND RELATED
11 FACILITY, INITIAL EQUIPMENT, MACHINERY AND UTILITIES NECESSARY
12 OR APPROPRIATE FOR THE CRIMINAL JUSTICE PURPOSE FOR WHICH THE
13 PARTICULAR FACILITY WAS CONSTRUCTED.
14 "LOCAL CORRECTIONAL FACILITY." ANY JAIL, PRISON OR DETENTION
15 FACILITY OPERATED BY A COUNTY OR JOINTLY BY MORE THAN ONE COUNTY
16 AND USED FOR THE CONFINEMENT OF PERSONS FOR SAFE CUSTODY. THE
17 TERM DOES NOT INCLUDE ANY FACILITY USED FOR THE DETENTION OR
18 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 OR THE
24 PURCHASE OF ELECTRONIC MONITORING EQUIPMENT FOR ALTERNATIVE
25 SENTENCING PROGRAMS SHALL BE SUBMITTED TO THE ELECTORS AT THE
26 NEXT PRIMARY, MUNICIPAL OR GENERAL ELECTION FOLLOWING THE
27 EFFECTIVE DATE OF THIS CHAPTER.
28 (B) CERTIFICATION TO COUNTY BOARDS OF ELECTIONS.--THE
29 SECRETARY OF THE COMMONWEALTH SHALL IMMEDIATELY CERTIFY THE
30 QUESTION UNDER SUBSECTION (A) TO THE COUNTY BOARDS OF ELECTIONS.
19890H2116B3953 - 35 -
1 (C) FORM OF QUESTION.--THE QUESTION SHALL BE IN
2 SUBSTANTIALLY THE FOLLOWING FORM:
3 DO YOU FAVOR THE INCURRING OF INDEBTEDNESS BY THE
4 COMMONWEALTH OF $200,000,000 TO REPAIR, EXPAND,
5 CONSTRUCT, RECONSTRUCT AND REHABILITATE COUNTY
6 PRISONS OR MULTICOUNTY REGIONAL PRISON FACILITIES OR
7 FUND CAPITAL NEEDS TO CREATE OR EXPAND COUNTY
8 ALTERNATIVE SENTENCING OR TREATMENT PROGRAMS?
9 (D) CONDUCT OF ELECTION.--THE ELECTION SHALL BE CONDUCTED IN
10 ACCORDANCE WITH THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320),
11 KNOWN AS THE PENNSYLVANIA ELECTION CODE, EXCEPT THAT THE TIME
12 LIMITS FOR ADVERTISEMENT OF NOTICE OF THE ELECTION MAY BE WAIVED
13 AS TO THE QUESTION.
14 SECTION 703. AUTHORITY TO BORROW.
15 IN THE EVENT THAT THE QUESTION OF INCURRING INDEBTEDNESS, AS
16 DESCRIBED IN SECTION 702, IS APPROVED BY A MAJORITY OF THOSE
17 VOTING ON THE QUESTION IN ACCORDANCE WITH SECTION 7(A)(3) OF
18 ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA, THE GOVERNOR,
19 AUDITOR GENERAL AND STATE TREASURER ARE HEREBY AUTHORIZED AND
20 DIRECTED TO BORROW, ON THE CREDIT OF THE COMMONWEALTH, SUCH SUM
21 OR SUMS OF MONEY NOT EXCEEDING IN THE AGGREGATE THE SUM OF
22 $200,000,000, AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
23 THIS CHAPTER.
24 SECTION 704. BONDS, ISSUE, MATURITY, INTEREST, ETC.
25 (A) ISSUANCE.--AS EVIDENCE OF THE INDEBTEDNESS HEREIN
26 AUTHORIZED, GENERAL OBLIGATION BONDS OF THE COMMONWEALTH SHALL
27 BE ISSUED, FROM TIME TO TIME FOR SUCH TOTAL AMOUNTS, IN SUCH
28 FORMS, IN SUCH DENOMINATIONS AND SUBJECT TO SUCH TERMS AND
29 CONDITIONS OF ISSUE, REDEMPTION AND MATURITY, RATE OR RATES OF
30 INTEREST AND TIME OF PAYMENT OF INTEREST AS THE GOVERNOR,
19890H2116B3953 - 36 -
1 AUDITOR GENERAL AND STATE TREASURER SHALL DIRECT, EXCEPT THAT
2 THE LATEST STATED MATURITY DATE SHALL NOT EXCEED 30 YEARS FROM
3 THE DATE OF THE BOND FIRST ISSUED FOR EACH SUCH SERIES.
4 (B) SIGNATURES AND SEAL.--ALL BONDS ISSUED UNDER THE
5 AUTHORITY OF THIS CHAPTER SHALL BEAR FACSIMILE SIGNATURES OF THE
6 GOVERNOR, THE AUDITOR GENERAL AND THE STATE TREASURER, AND A
7 FACSIMILE OF THE GREAT SEAL OF THE COMMONWEALTH, AND SHALL BE
8 COUNTERSIGNED BY TWO DULY AUTHORIZED OFFICERS OF THE DULY
9 AUTHORIZED LOAN AND TRANSFER AGENTS OF THE COMMONWEALTH.
10 (C) FULL FAITH AND CREDIT.--ALL BONDS ISSUED IN ACCORDANCE
11 WITH THE PROVISIONS OF THIS CHAPTER SHALL BE DIRECT OBLIGATIONS
12 OF THE COMMONWEALTH AND THE FULL FAITH AND CREDIT OF THE
13 COMMONWEALTH ARE HEREBY PLEDGED THE PAYMENT OF THE INTEREST
14 THEREON AS THE SAME SHALL BECOME DUE AND FOR THE PAYMENT OF THE
15 PRINCIPAL THEREOF AT MATURITY. ALL BONDS ISSUED UNDER THE
16 PROVISIONS OF THIS CHAPTER SHALL BE EXEMPT FROM TAXATION FOR
17 STATE AND LOCAL PURPOSES. THE PRINCIPAL OF AND INTEREST ON SUCH
18 BONDS SHALL BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF
19 AMERICA.
20 (D) FORM.--BONDS ISSUED UNDER THIS CHAPTER MAY BE ISSUED AS
21 COUPON BONDS OR REGISTERED AS TO BOTH PRINCIPAL AND INTEREST AS
22 THE ISSUING OFFICIALS MAY DETERMINE. IF INTEREST COUPONS ARE
23 ATTACHED, THEY SHALL CONTAIN THE FACSIMILE SIGNATURE OF THE
24 STATE TREASURER.
25 (E) AMOUNT.--THE ISSUING OFFICIALS SHALL PROVIDE FOR THE
26 AMORTIZATION OF THE BONDS ISSUED UNDER THIS CHAPTER IN
27 SUBSTANTIAL AND REGULAR AMOUNTS OVER THE TERM OF THE DEBT.
28 (F) PREPARATION.--THE GOVERNOR, THE AUDITOR GENERAL AND THE
29 STATE TREASURER SHALL PROCEED TO HAVE THE NECESSARY BONDS
30 PREPARED AND PRINTED. THE BONDS, AS SOON AS THEY ARE PREPARED
19890H2116B3953 - 37 -
1 AND PRINTED, SHALL BE DEPOSITED WITH THE DULY AUTHORIZED LOAN
2 AND TRANSFER AGENT OF THE COMMONWEALTH, THERE TO REMAIN UNTIL
3 SOLD IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
4 SECTION 705. SALE OF BONDS.
5 (A) OFFERING FOR SALE.--WHEN BONDS ARE ISSUED UNDER THIS
6 CHAPTER, THEY SHALL BE OFFERED FOR SALE AND SHALL BE SOLD BY THE
7 GOVERNOR, THE AUDITOR GENERAL AND STATE TREASURER TO THE HIGHEST
8 AND BEST BIDDER OR BIDDERS AFTER DUE PUBLIC ADVERTISEMENT, ON
9 SUCH TERMS AND CONDITIONS AND UPON SUCH OPEN COMPETITIVE BIDDING
10 AS THE GOVERNOR, THE AUDITOR GENERAL AND THE STATE TREASURER
11 SHALL DIRECT. THE MANNER AND CHARACTER OF ADVERTISEMENT AND THE
12 TIMES OF ADVERTISING SHALL BE PRESCRIBED BY THE GOVERNOR, THE
13 AUDITOR GENERAL AND THE STATE TREASURER.
14 (B) PRIVATE SALE.--ANY PORTION OF ANY BOND ISSUE OFFERED
15 UNDER SUBSECTION (A) AND NOT SOLD OR SUBSCRIBED FOR MAY BE
16 DISPOSED OF BY PRIVATE SALE BY THE GOVERNOR, THE AUDITOR GENERAL
17 AND THE STATE TREASURER, IN SUCH MANNER AND AT SUCH PRICES AS
18 THE GOVERNOR SHALL DIRECT.
19 (C) SERIES.--WHEN BONDS ARE ISSUED FROM TIME TO TIME, THE
20 BONDS OF EACH ISSUE SHALL CONSTITUTE A SEPARATE SERIES TO BE
21 DESIGNATED BY THE ISSUING OFFICIALS OR MAY BE COMBINED FOR SALE
22 AS ONE SERIES WITH OTHER GENERAL OBLIGATION BONDS OF THE
23 COMMONWEALTH.
24 SECTION 706. REFUNDING BONDS.
25 THE GOVERNOR, THE AUDITOR GENERAL AND THE STATE TREASURER ARE
26 HEREBY AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR THE ISSUANCE OF
27 REFUNDING BONDS FOR THE PURPOSE OF REFUNDING ANY BONDS ISSUED
28 UNDER THE PROVISIONS OF THIS CHAPTER AND THEN OUTSTANDING,
29 EITHER BY VOLUNTARY EXCHANGE WITH THE HOLDERS OF SUCH
30 OUTSTANDING BONDS WITH ACCRUED INTEREST AND ANY PREMIUM PAYABLE
19890H2116B3953 - 38 -
1 THEREON, AT MATURITY OR AT ANY CALL DATE. THE ISSUANCE OF
2 REFUNDING BONDS, THE MATURITIES AND OTHER DETAILS THEREOF, THE
3 RIGHTS OF THE HOLDERS THEREOF, AND THE DUTIES OF THE GOVERNOR,
4 THE AUDITOR GENERAL AND THE STATE TREASURER IN RESPECT TO
5 REFUNDING BONDS SHALL BE GOVERNED BY THE FOREGOING PROVISIONS OF
6 THIS CHAPTER, INSOFAR AS THEY MAY BE APPLICABLE. REFUNDING BONDS
7 MAY BE ISSUED BY THE GOVERNOR, THE AUDITOR GENERAL AND THE STATE
8 TREASURER TO REFUND BONDS ORIGINALLY ISSUED OR TO REFUND BONDS
9 PREVIOUSLY ISSUED FOR REFUNDING PURPOSES.
10 SECTION 707. REGISTRATION OF BONDS.
11 THE AUDITOR GENERAL SHALL PREPARE THE NECESSARY REGISTRY BOOK
12 TO BE KEPT IN THE OFFICE OF THE DULY AUTHORIZED LOAN AND
13 TRANSFER AGENT OF THE COMMONWEALTH FOR THE REGISTRATION OF ANY
14 BONDS, AT THE REQUEST OF OWNERS THEREOF, ACCORDING TO THE TERMS
15 AND CONDITIONS OF ISSUE DIRECTED BY THE GOVERNOR, THE AUDITOR
16 GENERAL AND THE STATE TREASURER. ALL BONDS WHICH ARE ISSUED
17 UNDER THIS CHAPTER WITHOUT INTEREST COUPONS ATTACHED SHALL BE
18 REGISTERED IN THE REGISTRY BOOKS KEPT BY THE DULY AUTHORIZED
19 LOAN AND TRANSFER AGENT OF THE COMMONWEALTH.
20 SECTION 708. DISPOSITION AND USE OF PROCEEDS.
21 (A) CREATION OF LOCAL CRIMINAL JUSTICE FUND.--THERE IS
22 HEREBY CREATED IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN
23 AS THE LOCAL CRIMINAL JUSTICE FUND. THE PROCEEDS REALIZED FROM
24 THE SALE OF BONDS UNDER THE PROVISIONS OF THIS CHAPTER SHALL BE
25 PAID INTO THIS SPECIAL FUND AND ARE HEREBY SPECIFICALLY
26 DEDICATED TO THE PURPOSE OF THE REFERENDUM AUTHORIZED BY SECTION
27 702. THE MONEYS SHALL BE PAID PERIODICALLY BY THE STATE
28 TREASURER TO THE DEPARTMENT AT SUCH TIMES AND IN SUCH AMOUNTS AS
29 MAY BE NECESSARY TO SATISFY THE PURPOSE OF THIS CHAPTER.
30 (B) INVESTMENT AND EARNINGS.--PENDING THEIR APPLICATION TO
19890H2116B3953 - 39 -
1 THE PURPOSES AUTHORIZED, MONEYS HELD OR DEPOSITED IN THE LOCAL
2 CRIMINAL JUSTICE FUND BY THE STATE TREASURER MAY BE INVESTED OR
3 REINVESTED AS ARE OTHER FUNDS IN THE CUSTODY OF THE STATE
4 TREASURER IN THE MANNER PROVIDED BY LAW. ALL EARNINGS RECEIVED
5 FROM THE INVESTMENT OR DEPOSIT OF SUCH FUNDS SHALL BE PAID INTO
6 THE STATE TREASURY TO THE CREDIT OF THE LOCAL CRIMINAL JUSTICE
7 FUND.
8 SECTION 709. LOCAL CRIMINAL JUSTICE SINKING FUND.
9 ALL BONDS ISSUED UNDER THE AUTHORITY OF THIS CHAPTER SHALL BE
10 REDEEMED AT MATURITY, AND ALL INTEREST DUE, FROM TIME TO TIME,
11 ON SUCH BONDS SHALL BE PAID FROM THE LOCAL CRIMINAL JUSTICE
12 SINKING FUND, WHICH IS HEREBY CREATED. FOR THE SPECIFIC PURPOSE
13 OF REDEEMING THESE BONDS AT MATURITY AND PAYING ALL INTEREST
14 THEREON IN ACCORDANCE WITH THE INFORMATION RECEIVED FROM THE
15 GOVERNOR, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEYS FOR THE
16 PAYMENT OF INTEREST ON THESE BONDS AND THE PRINCIPAL THEREOF AT
17 MATURITY. ALL MONEYS PAID INTO THE LOCAL CRIMINAL JUSTICE
18 SINKING FUND, AND ALL OF SUCH MONEYS NOT NECESSARY TO PAY
19 ACCRUING INTEREST, SHALL BE INVESTED BY THE BOARD OF FINANCE AND
20 REVENUE IN SUCH SECURITIES AS ARE PROVIDED BY LAW FOR THE
21 INVESTMENT OF THE SINKING FUNDS OF THE COMMONWEALTH.
22 SECTION 710. EXPENSES OF PREPARATION, ISSUE AND SALE OF BONDS.
23 THERE IS HEREBY APPROPRIATED TO THE STATE TREASURER, FROM THE
24 PROCEEDS OF THE BONDS ISSUED, AS MUCH OF THE MONEYS AS MAY BE
25 NECESSARY FOR ALL COSTS AND EXPENSES IN CONNECTION WITH THE
26 ISSUE OF AND SALE AND REGISTRATION OF BONDS IN CONNECTION WITH
27 THIS CHAPTER.
28 SECTION 711. TEMPORARY FINANCING AUTHORIZATION.
29 (A) TEMPORARY BORROWING.--PENDING THE ISSUANCE OF BONDS OF
30 THE COMMONWEALTH, THE GOVERNOR, THE AUDITOR GENERAL AND THE
19890H2116B3953 - 40 -
1 STATE TREASURER ARE AUTHORIZED, ON THE CREDIT OF THE
2 COMMONWEALTH, TO MAKE TEMPORARY BORROWINGS OF SUCH MONEYS AS MAY
3 FROM TIME TO TIME BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS
4 CHAPTER AND ARE AUTHORIZED IN THE NAME AND ON BEHALF OF THE
5 COMMONWEALTH TO ENTER INTO LOAN OR CREDIT AGREEMENTS WITH ANY
6 BANKS OR TRUST COMPANIES OR OTHER LENDING INSTITUTIONS OR
7 PERSONS IN THE UNITED STATES HAVING POWER TO ENTER INTO THE
8 SAME.
9 (B) FORM.--ALL TEMPORARY BORROWINGS MADE UNDER THE AUTHORITY
10 OF THIS SECTION SHALL BE EVIDENCED BY NOTES OF THE COMMONWEALTH,
11 WHICH SHALL BE ISSUED FROM TIME TO TIME FOR SUCH AMOUNTS, NOT
12 EXCEEDING IN THE AGGREGATE THE SUM OF $200,000,000, IN SUCH FORM
13 AND IN SUCH DENOMINATIONS, AND SUBJECT TO SUCH TERMS AND
14 CONDITIONS OF ISSUE, PREPAYMENT OR REDEMPTION AND MATURITY, RATE
15 OF INTEREST AND TIME OF PAYMENT OF INTEREST AS THE ISSUING
16 OFFICIALS SHALL DIRECT. ALL NOTES ISSUED UNDER THE AUTHORITY OF
17 THIS SECTION SHALL BEAR THE FACSIMILE SIGNATURES OF THE ISSUING
18 OFFICIALS AND A FACSIMILE OF THE GREAT SEAL OF THE COMMONWEALTH,
19 AND SHALL BE COUNTERSIGNED BY TWO DULY AUTHORIZED OFFICERS OF A
20 DULY AUTHORIZED LOAN AND TRANSFER AGENT OF THE COMMONWEALTH.
21 (C) FUNDING AND RETIREMENT.--ALL NOTES UNDER THIS SECTION
22 SHALL BE FUNDED AND RETIRED BY THE ISSUANCE AND SALE OF BONDS OF
23 THE COMMONWEALTH TO THE EXTENT THAT PAYMENT OF THESE NOTES HAS
24 NOT OTHERWISE BEEN MADE OR PROVIDED FOR.
25 (D) PROCEEDS.--THE PROCEEDS OF ALL TEMPORARY BORROWINGS
26 UNDER THIS SECTION SHALL BE PAID INTO THE LOCAL CRIMINAL JUSTICE
27 FUND.
28 SECTION 712. QUORUM.
29 WHENEVER IN THIS CHAPTER ANY ACTION IS TO BE TAKEN OR ANY
30 DECISION IS TO BE MADE BY THE GOVERNOR, THE AUDITOR GENERAL AND
19890H2116B3953 - 41 -
1 THE STATE TREASURER, AND THE THREE OFFICERS ARE NOT ABLE TO
2 AGREE UNANIMOUSLY, THE ACTION OR DECISION OF THE GOVERNOR AND
3 EITHER THE AUDITOR GENERAL OR THE STATE TREASURER SHALL BE
4 BINDING AND FINAL.
5 SECTION 713. INFORMATION TO GENERAL ASSEMBLY.
6 IT SHALL BE THE DUTY OF THE GOVERNOR TO INCLUDE IN EVERY
7 BUDGET SUBMITTED TO THE GENERAL ASSEMBLY FULL INFORMATION
8 RELATING TO THE ISSUANCE OF BONDS UNDER THE PROVISIONS OF THIS
9 CHAPTER, AND THE STATUS OF THE SINKING FUNDS OF THE COMMONWEALTH
10 FOR THE PAYMENT OF THE INTEREST ON THOSE BONDS AND THE PRINCIPAL
11 THEREOF AT MATURITY.
12 SECTION 714. GRANTS TO COUNTIES.
13 THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH PROCEDURES TO
14 IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO MAKE GRANTS TO
15 COUNTIES FOR THE REPAIR, EXPANSION, CONSTRUCTION,
16 RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF LOCAL
17 CORRECTIONAL FACILITIES OR MULTICOUNTY REGIONAL PRISON
18 FACILITIES OR THE PURCHASE OF ELECTRONIC MONITORING EQUIPMENT
19 FOR ALTERNATIVE SENTENCING PROGRAMS. THESE PROCEDURES SHALL
20 INCLUDE, AT A MINIMUM, THE FOLLOWING:
21 (1) APPLICATIONS SHALL BE MADE TO THE DEPARTMENT BY THE
22 COUNTY OR COUNTIES REQUESTING THE GRANT.
23 (2) ANY GRANT APPROVED BY THE DEPARTMENT MUST BE MATCHED
24 BY FUNDING IN A LIKE AMOUNT BY THE COUNTY FROM COUNTY FUNDS,
25 EXCEPT THAT, IF ANY FEDERAL FUNDING SHOULD BECOME AVAILABLE
26 FOR THE CONSTRUCTION OF LOCAL CORRECTIONAL FACILITIES, THEN
27 BOTH THE DEPARTMENT AND COUNTY SHARES SHALL BE REDUCED IN
28 LIKE PROPORTION.
29 (3) GRANTS SHALL BE AVAILABLE ONLY FOR THE REPAIR,
30 EXPANSION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND
19890H2116B3953 - 42 -
1 IMPROVEMENT OF LOCAL CORRECTIONAL FACILITIES OR MULTICOUNTY
2 REGIONAL PRISON FACILITIES OR THE PURCHASE OF ELECTRONIC
3 MONITORING EQUIPMENT FOR ALTERNATIVE SENTENCING PROGRAMS.
4 (4) PRIORITY IN THE GRANT PROCESS SHALL BE GIVEN TO
5 THOSE COUNTIES WHICH HAVE EXPANDED THEIR PRISON FACILITIES
6 WITHIN FIVE YEARS OF THE DATE OF THE APPLICATION AND WHICH
7 ARE PRESENTLY AT OR EXCEEDING 115% OF RATED CAPACITY. UNDER
8 NO CIRCUMSTANCES SHALL ANY SUCH GRANT EXCEED $1,000,000.
9 SECTION 715. MULTICOUNTY REGIONAL PRISON FACILITIES.
10 (A) AUTHORIZATION TO COUNTIES.--ANY COUNTY OR COUNTIES OR
11 ANY COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF MAY 2, 1945
12 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES ACT OF
13 1945, ARE AUTHORIZED TO ACQUIRE, HOLD, CONSTRUCT, FINANCE,
14 IMPROVE, MAINTAIN, OPERATE, OWN OR LEASE, EITHER IN THE CAPACITY
15 OF LESSOR OR LESSEE, ANY COUNTY OR MULTICOUNTY REGIONAL PRISON
16 FACILITY FOR THE PURPOSE OF INCARCERATING THEIR OWN INMATES AND
17 INMATES OF OTHER COUNTIES. A COUNTY OR MULTICOUNTY REGIONAL
18 PRISON FACILITY MAY ALSO HOUSE COMMONWEALTH INMATES.
19 (B) PRISON SERVICES CONTRACTS.--THE COMMONWEALTH AND ANY
20 COUNTY MAY ENTER INTO CONTRACTS WITH ANY COUNTY OR MULTICOUNTY
21 REGIONAL PRISON FACILITY AUTHORIZED UNDER SUBSECTION (A) FOR THE
22 INCARCERATION OF STATE OR COUNTY INMATES AND ALL SERVICES
23 NECESSARY, APPROPRIATE OR INCIDENT TO THE HOUSING AND CARE OF
24 SUCH INMATES.
25 SECTION 716. APPROPRIATION.
26 (A) APPROPRIATION TO FUND.--THE SUM OF $200,000,000, OR AS
27 MUCH THEREOF AS IS ABLE TO BE BORROWED BY TEMPORARY FINANCING OR
28 BY BONDS, IS HEREBY APPROPRIATED TO THE LOCAL CRIMINAL JUSTICE
29 FUND FOR THE PURPOSES SET FORTH IN THIS CHAPTER. THE GENERAL
30 ASSEMBLY MAY MAKE APPROPRIATIONS FROM TIME TO TIME TO THE LOCAL
19890H2116B3953 - 43 -
1 CRIMINAL JUSTICE FUND OR TO THE DEPARTMENT TO CARRY OUT THE
2 PURPOSES OF THIS CHAPTER, WHICH APPROPRIATIONS SHALL BE
3 CONTINUING APPROPRIATIONS AND SHALL NOT LAPSE.
4 (B) OTHER SOURCES OF FUNDS.--IN ADDITION TO THE MONEYS
5 APPROPRIATED FROM TIME TO TIME BY THE GENERAL ASSEMBLY FOR ITS
6 WORK, THE DEPARTMENT IS AUTHORIZED TO MAKE APPLICATION FOR AND
7 EXPEND SUCH FEDERAL GRANTS AS MAY BE AVAILABLE AND MAY ALSO
8 RECEIVE AND EXPEND CONTRIBUTIONS FROM OTHER PUBLIC, QUASI-PUBLIC
9 OR PRIVATE SOURCES AS MAY BECOME AVAILABLE.
10 CHAPTER 9
11 CONSTRUCTION OF NEW PRISON
12 Section 901. Total authorization.
13 The total authorization for the additional capital project in
14 the category of public improvement projects itemized in section
15 902 and to be acquired or constructed by the Department of
16 General Services, its successors or assigns, and to be financed
17 by the incurring of debt, shall be $20,000,000 $5,500,000. <--
18 Section 902. Itemization of public improvement project.
19 Additional capital project in the category of public
20 improvement projects to be acquired or constructed by the
21 Department of General Services, its successors or assigns, and
22 to be financed by the incurring of debt, is hereby itemized,
23 together with its respective estimated financial cost, as
24 follows:
25 Total
26 Project
27 Project Allocation
28 (1) State Correctional Institution - <--
29 Wernersville, Berks County
30 (i) Design and Construction of a 500-Bed
19890H2116B3953 - 44 -
1 Medium Security Prison for Drug and Alcohol
2 Treatment 20,000,000
3 (Base Project Allocation - $16,000,000)
4 (Design and Contingencies - $4,000,000)
5 (1) DRUG AND ALCOHOL TREATMENT FACILITY, FOREST <--
6 COUNTY
7 (I) DESIGN AND CONSTRUCTION OF A FACILITY
8 UNDER THE CONTROL OF THE PENNSYLVANIA BOARD
9 OF PROBATION AND PAROLE FOR DRUG AND
10 ALCOHOL TREATMENT 5,500,000
11 (BASE PROJECT ALLOCATION - $4,500,000)
12 (DESIGN AND CONTINGENCIES - $1,000,000)
13 Section 903. Debt authorization.
14 The Governor, Auditor General and State Treasurer are hereby
15 authorized and directed to borrow, from time to time, in
16 addition to any authorization heretofore or hereafter enacted,
17 on the credit of the Commonwealth, subject to the limitations
18 provided in the current Capital Budget, money not exceeding in
19 the aggregate the sum of $20,000,000 $5,500,000 as may be <--
20 necessary to carry out the acquisition and construction of the
21 public improvement projects specifically itemized in a capital
22 budget.
23 Section 904. Issue of bonds.
24 The indebtedness authorized in this chapter shall be
25 incurred, from time to time, and shall be evidenced by one or
26 more series of general obligation bonds of the Commonwealth in
27 such aggregate principal amount for each series as the Governor,
28 Auditor General and State Treasurer shall determine, but the
29 latest stated maturity date shall not exceed the estimated
30 useful life of the project being financed as stated in section
19890H2116B3953 - 45 -
1 905.
2 Section 905. Estimated useful life and term of debt.
3 (a) Estimated useful life.--The General Assembly states that
4 the estimated useful life of the public improvement projects
5 itemized in this chapter is 30 years.
6 (b) Term of debt.--The maximum term of the debt authorized
7 to be incurred under this chapter is 30 years.
8 Section 906. Appropriation.
9 The net proceeds of the sale of the obligations authorized in
10 this chapter are hereby appropriated from the Capital Facilities
11 Fund to the Department of General Services in the maximum amount
12 of $20,000,000 $5,500,000 to be used by it exclusively to defray <--
13 the financial cost of the public improvement projects
14 specifically itemized in a capital budget. After reserving or
15 paying the expenses of the sale of the obligation, the State
16 Treasurer shall pay to the Department of General Services the
17 moneys as required and certified by it to be legally due and
18 payable.
19 Section 907. Federal funds.
20 In addition to those funds appropriated in section 906, all
21 moneys received from the Federal Government for the project
22 specifically itemized in this chapter are also hereby
23 appropriated for those projects.
24 SECTION 908. PAYMENT OF EMPLOYEES' SALARIES, BENEFITS AND <--
25 EXPENSES PROHIBITED FROM CAPITAL FACILITIES FUND.
26 NOTWITHSTANDING OTHER PROVISIONS OF LAW, NO SALARY, BENEFIT
27 OR OTHER EXPENSE RELATING TO ANY EMPLOYEE IN THE EXECUTIVE
28 DEPARTMENT SHALL BE PAID FROM THE NET PROCEEDS OF THE
29 OBLIGATIONS HEREIN AUTHORIZED AND APPROPRIATED FROM THE CAPITAL
30 FACILITIES FUND TO THE DEPARTMENT OF GENERAL SERVICES.
19890H2116B3953 - 46 -
1 CHAPTER 11
2 MULTICOUNTY REGIONAL PRISON FACILITIES <--
3 SECTION 1101. AUTHORIZATION.
4 A COUNTY OR COUNTY AUTHORITY CREATED PURSUANT TO THE ACT OF
5 MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
6 AUTHORITIES ACT OF 1945, IS AUTHORIZED TO ACQUIRE, HOLD,
7 CONSTRUCT, FINANCE, IMPROVE, MAINTAIN, OPERATE, OWN OR LEASE,
8 EITHER IN THE CAPACITY OF LESSOR OR LESSEE, ANY COUNTY OR
9 MULTICOUNTY REGIONAL PRISON FACILITY FOR THE PURPOSE OF
10 INCARCERATING THEIR OWN INMATES AND INMATES OF OTHER COUNTIES. A
11 COUNTY OR MULTICOUNTY REGIONAL PRISON FACILITY MAY ALSO HOUSE
12 COMMONWEALTH INMATES.
13 SECTION 1102. PRISON SERVICES CONTRACTS.
14 NOTWITHSTANDING THE PROVISIONS OF THE ACT OF JULY 12, 1972
15 (P.L.762, NO.180), REFERRED TO AS THE INTERGOVERNMENTAL
16 COOPERATION LAW, THE COMMONWEALTH AND ANY COUNTY MAY ENTER INTO
17 CONTRACTS WITH ANY COUNTY OR WITH ANY COUNTY AUTHORITY CREATED
18 PURSUANT TO THE ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS
19 THE MUNICIPALITY AUTHORITIES ACT OF 1945, FOR THE INCARCERATION
20 OF STATE OR COUNTY INMATES AND ALL SERVICES NECESSARY,
21 APPROPRIATE OR INCIDENT TO THE HOUSING AND CARE OF SUCH INMATES.
22 CHAPTER 13
23 MISCELLANEOUS PROVISIONS
24 SECTION 1101 1301. MILITARY INSTALLATION LIMITATION. <--
25 FOR THE PROJECTS ITEMIZED IN THIS ACT, CIVILIAN PRISONERS,
26 EITHER PENDING TRIAL OR APPEAL OR AFTER SENTENCING, SHALL NOT BE
27 INCARCERATED AT ANY MILITARY RESERVATION, BASE OR FACILITY,
28 WHETHER OWNED BY THE FEDERAL OR STATE GOVERNMENT, ON A TEMPORARY
29 OR PERMANENT BASIS.
30 SECTION 1102. LIMITED NONSEVERABLE PROVISIONS. <--
19890H2116B3953 - 47 -
1 THE PROVISIONS OF CHAPTERS 3, 5 AND 9 OF THIS ACT ARE
2 NONSEVERABLE. IF ANY PROVISION OF CHAPTER 3, 5 OR 9 OF THIS ACT
3 OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
4 INVALID, THE REMAINING PROVISIONS OR APPLICATIONS OF CHAPTERS
5 3, 5 AND 9 OF THIS ACT ARE VOID. THE GENERAL RULE RELATING TO
6 SEVERABILITY SHALL APPLY TO THE REMAINDER OF THIS ACT.
7 Section 1101 1103 1302. Repeals. <--
8 The act of December 21, 1989 (P.L.683, No.89), entitled "An
9 act providing for capital projects for the Department of
10 Corrections; providing for the issuance of bonds; and making an
11 appropriation," is repealed.
12 Section 1102 1104 1303. Retroactivity. <--
13 The provisions of Chapters 5 and 7 CHAPTER 5 AND SECTION 714 <--
14 of this act shall be retroactive to December 21, 1989.
15 Section 1103 1105 1304. Effective date. <--
16 This act shall take effect immediately.
K13L72DGS/19890H2116B3953 - 48 -