PRINTER'S NO. 2995
No. 2304 Session of 1982
INTRODUCED BY BRANDT, MARCH 2, 1982
REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 2, 1982
AN ACT
1 Providing for the establishment and maintenance of a center to
2 provide ambulatory and inpatient services for the diagnosis,
3 evaluation, treatment and rehabilitation of persons who have
4 physical or neuro-developmental disabilities; providing for
5 the transfer from the Commonwealth to the Pennsylvania State
6 University of the functions and operations of the
7 Elizabethtown Hospital for Children and Youth; making an
8 appropriation to support the operation of the center;
9 authorizing a capital budget project, to be constructed by
10 the Department of General Services together with its
11 estimated financial cost; authorizing the incurring of debt
12 without the approval of the electors for the purpose of
13 financing the project to be constructed by the Department of
14 General Services, and making an appropriation to defray the
15 cost of the capital budget project.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Effective July 1, 1982, a center is hereby
19 established to be managed and controlled by the Pennsylvania
20 State University to provide comprehensive diagnostic and
21 treatment services for persons with physical and neuro-
22 developmental disabilities amenable to medical, surgical and
23 rehabilitative treatment.
24 Section 2. The entire management and control of the affairs
1 of the center, including, without limitation, services,
2 administration, finances and personnel, is hereby vested in the
3 Pennsylvania State University, which may exercise with respect
4 to the center all of the powers and franchises vested by law in
5 the university. The Pennsylvania State University shall, to the
6 extent financially feasible, provide a reasonable volume of
7 services to persons unable to pay therefor.
8 Section 3. Effective July 1, 1982, the functions and
9 operation of the Commonwealth of Pennsylvania at the
10 Elizabethtown Hospital for Children and Youth are hereby
11 transferred to the Pennsylvania State University to be performed
12 as a part of the functions and operations of the center
13 established in section 1.
14 Section 4. All allocations, appropriations, agreements (not
15 including collective bargaining agreements) to the extent
16 assignable, leases and personal property of every nature of the
17 Commonwealth which are used, employed or expended in connection
18 with its duties, powers or functions relating to the
19 Elizabethtown Hospital for Children and Youth are hereby
20 transferred to the Pennsylvania State University. All moneys
21 received by the university for services rendered by the
22 Commonwealth at the Elizabethtown Hospital for Children and
23 Youth prior to July 1, 1982, shall be remitted to the
24 Commonwealth and all accounts payable arising from operations
25 prior to July 1, 1982, shall be paid by the Commonwealth.
26 Nothing contained herein shall impose upon the university any
27 obligation, claim, demand or cause of action against the
28 Commonwealth arising out of or in connection with the operation
29 of the Elizabethtown Hospital for Children and Youth by the
30 Commonwealth.
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1 Section 5. (a) The Department of General Services, with
2 approval as provided by law, is hereby authorized on behalf of
3 the Commonwealth of Pennsylvania to lease for $1 to the
4 Pennsylvania State University the remaining tracts of land as a
5 unit, together with the improvements situate thereon, known as
6 the Elizabethtown Hospital for Children and Youth, situate in
7 the Township of Mount Joy, Lancaster County, in the Commonwealth
8 of Pennsylvania:
9 All those four certain tracts of land situate in the Township
10 of Mount Joy, Lancaster County, Pennsylvania, acquired by the
11 Commonwealth of Pennsylvania under and by virtue of the act of
12 May 14, 1925 (P.L.749, No.408), entitled, as amended, "An act
13 providing for the establishing and maintenance of a State
14 hospital and center to provide ambulatory and inpatient services
15 for the diagnosis, evaluation, treatment and rehabilitation of
16 children and youth under age twenty-one who have physical or
17 neuro-developmental disabilities; and making an appropriation,"
18 containing on the north side of Pennsylvania Route 230, 253.55
19 acres, more or less, including parts thereof conveyed to the
20 General State Authority and subject to the limitations on same
21 totaling 3.828 acres for Projects No. GSA 304-1, 2, 3, 4, 5, 6,
22 in the Main Hospital Complex.
23 Excepting thereout and therefrom three tracts of surplus land
24 with buildings thereon submitted under Article XXIV-A of the act
25 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
26 Code of 1929," for sale or disposition, No. 1 containing 9 acres
27 and buildings on both sides of Cassell Road; No. 2 containing a
28 lot, a residence and garage; No. 3 containing the
29 Superintendent's Residence and the surrounding land.
30 (b) The lease shall contain a provision to the effect that
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1 the term thereof shall end not later than the date that the
2 university informs the Department of General Services that the
3 leased premises will no longer be in use to perform the
4 functions and operations of the Elizabethtown Hospital for
5 Children and Youth.
6 Section 6. The Commonwealth of Pennsylvania hereby pledges
7 its financial support to the Pennsylvania State University for
8 the operation of the center at the Elizabethtown Hospital for
9 Children and Youth until the termination of the lease, as
10 provided in section 5 hereof. In the event that the Commonwealth
11 of Pennsylvania does not make annual appropriations during the
12 term of the lease to the university in amounts not less than the
13 amount appropriated for fiscal year 1981-1982 to the Department
14 of Health for the operation of the Elizabethtown Hospital for
15 Children and Youth, such amounts to escalate to reflect any
16 annual increase in the General Fund Budget of the Commonwealth,
17 the university may reduce or eliminate services of the center.
18 Section 7. (a) An additional capital budget project to be
19 constructed by the Department of General Services, its
20 successors or assigns, and to be financed by the incurring of
21 debt, is hereby itemized, together with the respective estimated
22 financial cost and the total additional amount authorized for
23 the capital budget project as follows:
24 A. Total Authorization.......................... $29,600,000
25 B. Itemization of Capital Budget Project:
26 I. Department of Education................... $29,600,000
27 A. The Pennsylvania State University, The
28 Milton S. Hershey Medical Center:
29 (1) Hospital addition, including a center
30 for rehabilitation, physical and neuro-
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1 developmental disabilities............... $29,600,000
2 (Base Construction - $25,000,000;
3 Design and Contingencies - $4,600,000)
4 (b) The Governor, Auditor General and State Treasurer are
5 hereby authorized and directed to borrow, from time to time, in
6 addition to any authorization heretofore or hereafter enacted,
7 on the credit of the Commonwealth, subject to the limitations
8 provided in the current capital budget, money not exceeding in
9 the aggregate the sum of $29,600,000 as may be found necessary
10 to carry out the construction of the capital budget project
11 specifically itemized in a capital budget.
12 (c) The indebtedness herein authorized shall be incurred
13 from time to time and shall be evidenced by one or more series
14 of general obligation bonds of the Commonwealth in such
15 aggregate principal amount for each series as the Governor,
16 Auditor General and State Treasurer shall determine, but the
17 latest stated maturity date shall not exceed 30 years from the
18 date of the bond first issued for each such series.
19 (d) The net proceeds of the sale of the obligations herein
20 authorized is hereby appropriated from the Capital Facilities
21 Fund to the Department of General Services in the maximum amount
22 of $29,600,000 to be used by it exclusively to defray the
23 financial cost of the capital budget project specifically
24 itemized in a capital budget. After reserving or paying the
25 expenses of the sale of the obligation, the State Treasurer
26 shall pay out to the Department of General Services the moneys
27 as required and certified by it to be legally due and payable.
28 (e) Whenever as determined by the Department of General
29 Services the full estimated financial cost of the capital budget
30 project itemized in subsection (a) hereof is not necessary for
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1 the proper design or construction of the project, the excess
2 fund no longer required may be allocated to increase the
3 estimated cost of any one or more of the public improvement
4 projects specifically itemized in a capital budget.
5 (f) In addition to those funds appropriated in subsection
6 (d), all moneys received from the Federal Government for the
7 construction of the capital budget project specifically itemized
8 herein are also hereby appropriated for this project. Any
9 Federal funds received for this project shall be used to offset
10 State funds allocated for this project.
11 Section 8. Upon completion of the capital budget project
12 itemized in subsection (a) hereof, the functions of the center
13 performed by the Pennsylvania State University at the
14 Elizabethtown Hospital for Children and Youth shall be
15 transferred to the capital budget project.
16 Section 9. (a) Section 2113, act of April 9, 1929,
17 (P.L.177, No.175), known as "The Administrative Code of 1929,"
18 is repealed.
19 (b) All other acts are hereby repealed insofar as they are
20 inconsistent herewith.
21 Section 10. This act shall take effect July 1, 1982, or if
22 enacted subsequent to that date, immediately.
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