SENATE AMENDED
PRIOR PRINTER'S NO. 158 PRINTER'S NO. 4166
No. 144 Session of 1985
INTRODUCED BY AFFLERBACH, IRVIS, COY, PRATT, BATTISTO, DeWEESE,
FISCHER, GREENWOOD, KOSINSKI, HALUSKA, OLIVER, PRESSMANN,
MORRIS, McHALE, FREEMAN AND LINTON, JANUARY 30, 1985
SENATOR WENGER, STATE GOVERNMENT, IN SENATE, AS AMENDED,
NOVEMBER 18, 1986
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," requiring the filing of
21 additional materials on contracts with corporations; <--
22 PROVIDING FOR REPORTING IN CONFORMITY WITH GENERALLY ACCEPTED
23 ACCOUNTING PRINCIPLES; FURTHER PROVIDING FOR THE PAYMENT OF
24 GRATUITIES TO CHILDREN OF CERTAIN VETERANS; FURTHER PROVIDING
25 FOR THE SALE OF CERTAIN UNIMPROVED LAND BY THE DEPARTMENT OF
26 TRANSPORTATION; AND CONVERTING STATE HEATING SYSTEMS TO THE
27 USE OF COAL WHICH HAS BEEN PRODUCED IN PENNSYLVANIA.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
1 SECTION 1. SECTION 617 OF THE ACT OF APRIL 9, 1929 (P.L.177, <--
2 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, ADDED
3 SEPTEMBER 27, 1978 (P.L.775, NO.149), IS AMENDED TO READ:
4 SECTION 617. FISCAL PERIOD.--(A) ALL BOOKS AND ACCOUNTS
5 KEPT BY THE AUDITOR GENERAL, THE STATE TREASURER AND THE
6 ATTORNEY GENERAL AND EVERY DEPARTMENT, BOARD AND COMMISSION
7 SHALL BE KEPT AS OF THE FISCAL YEAR OR PERIOD AND SHALL PROVIDE
8 FOR REPORTING IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING
9 PRINCIPLES. THE FISCAL YEAR SHALL BE THE PERIOD BEGINNING ON
10 JULY 1 OF EACH CALENDAR YEAR AND ENDING ON JUNE 30 OF THE
11 CALENDAR YEAR NEXT SUCCEEDING.
12 (B) THE AUDITOR GENERAL AND THE DEPARTMENT OF THE AUDITOR
13 GENERAL SHALL SUBMIT TO ANY ACCOUNTANTS APPOINTED BY THE
14 GOVERNOR FOR THE PURPOSE OF MAKING AN AUDIT OF THE AFFAIRS OF
15 THE AUDITOR GENERAL AND THE DEPARTMENT OF THE AUDITOR GENERAL
16 ALL BOOKS, PAPERS AND RECORDS IN ANY WAY PERTAINING TO SUCH
17 AFFAIRS.
18 Section 1 2. Section 1104 of the act, of April 9, 1929 <--
19 (P.L.177, No.175), known as The Administrative Code of 1929,
20 added December 9, 1980 (P.L.1333, No.244), is amended to read:
21 Section 1104. Copies of Contracts to be Furnished to the
22 State Treasurer.--(a) Whenever any department, board,
23 commission, agency, instrumentality, authority or institution of
24 the Commonwealth shall enter into any contract involving any
25 property, real, personal or mixed of any kind or description or
26 any contract for personal services where the consideration
27 involved in said contract is five thousand dollars ($5,000) or
28 more, a copy of said contract shall be furnished by the
29 contracting agency to the Treasury Department [within ten (10)
30 days after the contract is executed on behalf of the
19850H0144B4166 - 2 -
1 Commonwealth or otherwise becomes an obligation of the
2 Commonwealth]. If the contract has been executed with a
3 corporation, it shall include an attachment specifying the names
4 of the corporation's chairman of the board, chief executive
5 officer, treasurer and those individuals who held more than ten
6 per centum (10%) of the corporation's preferred or common stock
7 on the date the contract was executed.
8 (b) Every contract filed pursuant to subsection (a) shall
9 remain on file with the Treasury Department for a period of [one <--
10 year] FIVE YEARS or until all disbursements have been made on <--
11 the contracts, whichever is longer and shall be made available
12 for public inspection and copies made available at cost to any
13 individual who requests them.
14 (c) No contract subject to subsection (a) shall be issued by
15 any department, board, commission, agency, instrumentality,
16 authority or institution of the Commonwealth unless a copy of
17 the contract has been filed by the contracting agency with the
18 Treasury Department. The contract documents and the notice to
19 proceed shall include a statement from the Treasury Department
20 acknowledging receipt of a copy of the contract.
21 Section 2. This act shall take effect immediately. <--
22 SECTION 3. SECTION 1411(E) OF THE ACT, ADDED DECEMBER 30, <--
23 1959 (P.L.2082, NO.767), IS AMENDED TO READ:
24 SECTION 1411. STATE VETERANS' COMMISSION.--THE STATE
25 VETERANS' COMMISSION SHALL HAVE THE POWER, AND ITS DUTY SHALL
26 BE:
27 * * *
28 (E) TO CERTIFY FOR PAYMENT GRATUITIES FOR THE CHILDREN,
29 BETWEEN THE AGES OF SIXTEEN AND [TWENTY-ONE YEARS, OF TOTALLY
30 DISABLED VETERANS AND OF SOLDIERS, MARINES, FEMALE CLERKS,
19850H0144B4166 - 3 -
1 YEOMAN (FEMALE), OR MEMBERS OF THE ENLISTED NURSE CORPS OF THE
2 UNITED STATES, WHO DIE OR HAVE DIED OF SPANISH-AMERICAN WAR OR
3 WORLD WAR I. SERVICE CONNECTED DISABILITIES, AND OF TOTALLY
4 DISABLED VETERANS AND OF MEMBERS OF THE ARMED FORCES OF THE
5 UNITED STATES AND OF WOMEN'S ORGANIZATIONS OFFICIALLY CONNECTED
6 THEREWITH, WHO DIE OR HAVE DIED OF WORLD WAR II., OR THE ARMED
7 CONFLICT IN KOREA SERVICE CONNECTED DISABILITIES AS CERTIFIED
8 FROM VETERANS ADMINISTRATION RECORDS] TWENTY-THREE YEARS, OF
9 HONORABLY DISCHARGED VETERANS WHO HAVE BEEN CERTIFIED BY THE
10 UNITED STATES VETERANS' ADMINISTRATION AS HAVING WAR-TIME
11 SERVICE-CONNECTED DISABILITIES, OR PEACE-TIME COMBAT-RELATED
12 DISABILITIES AS DEFINED BY THE PENNSYLVANIA DEPARTMENT OF
13 MILITARY AFFAIRS, RATED AS TOTALLY AND PERMANENTLY DISABLED OR
14 WHO HAVE DIED OF WAR SERVICE-CONNECTED DISABILITIES, OR WHO HAVE
15 DIED OF PEACE-TIME COMBAT-RELATED DISABILITIES. THE DEPARTMENT
16 OF MILITARY AFFAIRS SHALL, BY REGULATION, ESTABLISH CRITERIA TO
17 DETERMINE ELIGIBILITY BASED ON PARTICIPATION IN A PEACE-TIME
18 COMBAT-RELATED SITUATION, WHICH SHALL INCLUDE, BUT NOT BE
19 LIMITED TO, HOSTILE FIRE OR TERRORIST ATTACK. SUCH CHILDREN MUST
20 HAVE LIVED IN THE COMMONWEALTH OF PENNSYLVANIA FOR FIVE YEARS
21 IMMEDIATELY PRECEDING THE DATE UPON WHICH THE APPLICATION WAS
22 FILED. CERTIFICATION BY THE STATE VETERANS' COMMISSION SHALL BE
23 MADE WHEN THE CHILDREN MEET THE FOLLOWING REQUIREMENTS:
24 (1) AS COMING WITHIN THE CLASS OF CHILDREN DESCRIBED ABOVE,
25 (2) AS ATTENDING ANY STATE OR STATE-AIDED EDUCATIONAL OR
26 TRAINING INSTITUTION OF A SECONDARY OR COLLEGE GRADE OR OTHER
27 INSTITUTION OF HIGHER EDUCATION, BUSINESS SCHOOL, TRADE SCHOOL,
28 HOSPITAL PROVIDING TRAINING FOR NURSES SCHOOL, OR INSTITUTION
29 PROVIDING COURSES IN BEAUTY CULTURE, ART, RADIO OR UNDERTAKING
30 OR EMBALMING OR SUCH OTHER EDUCATIONAL TRAINING WITHIN THIS
19850H0144B4166 - 4 -
1 COMMONWEALTH AS APPROVED BY THE STATE VETERANS' COMMISSION, AND
2 (3) AS BEING UNABLE, WITHOUT SUCH GRATUITY, TO PURSUE HIS OR
3 HER EDUCATION OR TRAINING.
4 PAYMENTS NOT EXCEEDING [TWO HUNDRED DOLLARS ($200)] FIVE
5 HUNDRED DOLLARS ($500) PER TERM OR SEMESTER PER CHILD SHALL BE
6 MADE TO SUCH INSTITUTION UPON THE SUBMISSION BY THEM OF PROOF
7 THAT THE APPLICANT IS A FULL-TIME STUDENT AND THAT BILLS HAVE
8 BEEN INCURRED OR CONTRACTED FOR MATRICULATION FEES AND OTHER
9 NECESSARY FEES, TUITION, BOARD, ROOM RENT, BOOKS AND SUPPLIES
10 FOR SUCH CHILDREN IN A DEFINITE AMOUNT FOR THE SCHOOL YEAR. SUCH
11 PROOF SHALL BE SUBMITTED TO THE STATE VETERANS' COMMISSION WHICH
12 SHALL ATTACH THE SAME TO THE REQUISITIONS PREPARED FOR PAYMENTS
13 OUT OF APPROPRIATIONS MADE FOR SUCH PURPOSE: PROVIDED, HOWEVER,
14 THAT PAYMENTS PER TERM OR SEMESTER PER CHILD ARE ADJUSTED SO
15 THAT TOTAL PAYMENTS TO SUCH INSTITUTIONS DO NOT EXCEED THE
16 AMOUNT OF THE APPROPRIATION.
17 WHEN A CHILD WITHIN THE CLASS OF CHILDREN ELIGIBLE TO RECEIVE
18 A GRATUITY AUTHORIZED BY THIS SECTION IS COMPLETING AN
19 EDUCATIONAL OR TRAINING COURSE, AND BECOMES [TWENTY-ONE] TWENTY-
20 THREE YEARS OF AGE BEFORE COMPLETING THE COURSE, THE GRATUITY
21 MAY BE PAID UNTIL THE COURSE IS COMPLETED: PROVIDED, THAT
22 GRATUITIES MAY NOT BE PAID FOR ANY CHILD FOR A LONGER PERIOD
23 THAN FOUR SCHOLASTIC YEARS AND/OR AFTER HAVING ATTAINED HIS OR
24 HER TWENTY-SEVENTH BIRTHDAY.
25 SECTION 4. SECTION 2003(E)(7) OF THE ACT, AMENDED DECEMBER
26 7, 1979 (P.L.478, NO.100), IS AMENDED TO READ:
27 SECTION 2003. MACHINERY, EQUIPMENT, LANDS AND BUILDINGS.--
28 THE DEPARTMENT OF TRANSPORTATION IN ACCORD WITH APPROPRIATIONS
29 MADE BY THE GENERAL ASSEMBLY, AND GRANTS OF FUNDS FROM FEDERAL,
30 STATE, REGIONAL, LOCAL OR PRIVATE AGENCIES, SHALL HAVE THE
19850H0144B4166 - 5 -
1 POWER, AND ITS DUTY SHALL BE:
2 * * *
3 (E) * * *
4 (7) ANY OTHER PROVISIONS OF THIS ACT TO THE CONTRARY
5 NOTWITHSTANDING, THE DEPARTMENT MAY SELL AT PUBLIC SALE ANY LAND
6 ACQUIRED BY THE DEPARTMENT IF THE SECRETARY DETERMINES THAT THE
7 LAND IS NOT NEEDED FOR PRESENT OR FUTURE TRANSPORTATION
8 PURPOSES:
9 (I) IMPROVED LAND OCCUPIED BY A TENANT OF THE DEPARTMENT
10 SHALL FIRST BE OFFERED TO THE TENANT AT ITS FAIR MARKET VALUE AS
11 DETERMINED BY THE DEPARTMENT, EXCEPT THAT IF THE TENANT IS THE
12 PERSON FROM WHOM THE DEPARTMENT ACQUIRED THE LAND, IT SHALL BE
13 OFFERED TO THE TENANT AT THE ACQUISITION PRICE, LESS COSTS,
14 EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON
15 AS A RESULT OF THE ACQUISITION OF THE LAND BY THE DEPARTMENT. IF
16 THERE IS NO TENANT AND THE PERSON FROM WHOM THE DEPARTMENT
17 ACQUIRED THE LAND DID NOT RECEIVE A REPLACEMENT HOUSING PAYMENT
18 UNDER SECTION 602-A OF THE "EMINENT DOMAIN CODE," OR UNDER
19 FORMER SECTION 304.3 OF THE ACT OF JUNE 1, 1945 (P.L.1242,
20 NO.428), KNOWN AS THE "STATE HIGHWAY LAW," THE LAND TO BE SOLD
21 SHALL FIRST BE OFFERED TO SUCH PERSON AT THE ACQUISITION PRICE,
22 LESS COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY
23 THE PERSON AS A RESULT OF THE ACQUISITION OF THE LAND BY THE
24 DEPARTMENT.
25 (II) UNIMPROVED LAND SHALL FIRST BE OFFERED TO THE PERSON
26 FROM WHOM IT WAS ACQUIRED AT ITS ACQUISITION PRICE, LESS COSTS,
27 EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE PERSON
28 AS A RESULT OF THE ACQUISITION OF THE LAND BY THE DEPARTMENT, IF
29 THE PERSON STILL RETAINS TITLE TO LAND ABUTTING THE LAND TO BE
30 SOLD. IF THE LAND ABUTTING THE LAND TO BE SOLD HAS BEEN CONVEYED
19850H0144B4166 - 6 -
1 TO ANOTHER PERSON, THE LAND TO BE SOLD SHALL FIRST BE OFFERED TO
2 THAT PERSON AT ITS FAIR MARKET VALUE AS DETERMINED BY THE
3 DEPARTMENT. HOWEVER, LAND ACQUIRED BY GIFT THAT THE SECRETARY
4 DETERMINES IS NOT NEEDED FOR PRESENT OR FUTURE TRANSPORTATION
5 PURPOSES MAY FIRST BE OFFERED TO THE DONOR FOR A NOMINAL
6 CONSIDERATION. IF THE DONOR NO LONGER EXISTS, OR IF THE DONOR
7 DOES NOT ACCEPT THE OFFER, THEN SUCH UNIMPROVED LAND OR ANY
8 PORTION THEREOF MAY BE OFFERED ON A COMPETITIVE BID BASIS
9 RESTRICTED TO OWNERS OF LAND ABUTTING THE UNIMPROVED DONATED
10 LAND. THE DEPARTMENT SHALL HAVE DISCRETION TO DIVIDE SUCH
11 DONATED UNIMPROVED LAND FOR SEPARATE COMPETITIVE BID OFFERINGS.
12 (III) NOTICE OF THE OFFER DESCRIBED IN EITHER SUBCLAUSE (I)
13 OR (II) SHALL BE SENT BE CERTIFIED MAIL, OR, IF NOTICE CANNOT BE
14 SO MADE, IN THE MANNER REQUIRED FOR "IN REM" PROCEEDINGS. THE
15 OFFEREE SHALL HAVE ONE HUNDRED TWENTY (120) DAYS AFTER RECEIPT
16 OF NOTICE TO ACCEPT THE OFFER IN WRITING.
17 (IV) REVENUE FROM ANY SALE OF LAND ACQUIRED WITH MOTOR
18 LICENSE FUNDS SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND.
19 * * *
20 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
21 SECTION 2402.1. SPECIAL POWER; STATE BUILDINGS.--(A) ANY
22 HEATING SYSTEM OR HEATING UNIT INSTALLED IN A FACILITY OWNED BY
23 THE STATE OR BY A STATE-RELATED UNIVERSITY ON OR AFTER THE
24 EFFECTIVE DATE OF THIS ACT SHALL BE FUELED BY COAL.
25 (B) ANY HEATING SYSTEM SHALL BE EXEMPT FROM THE REQUIREMENT
26 OF SUBSECTION (A) IF THE DEPARTMENT OF GENERAL SERVICES
27 DETERMINES THAT THE APPLICATION OF SUBSECTION (A) TO THAT
28 HEATING SYSTEM OR HEATING UNIT WOULD VIOLATE EXISTING OR
29 REASONABLY ANTICIPATED ENVIRONMENTAL LAWS OR REGULATIONS OR
30 WOULD NOT BE COST EFFECTIVE WHEN COMPARED TO OTHER FORMS OF
19850H0144B4166 - 7 -
1 ENERGY. THE DEPARTMENT SHALL REPORT TO THE SENATE COMMITTEE ON
2 ENVIRONMENTAL RESOURCES AND ENERGY AND THE HOUSE COMMITTEE ON
3 MINES AND ENERGY MANAGEMENT OR THEIR SUCCESSOR COMMITTEES, THE
4 BASIS FOR ANY DETERMINATION THAT A HEATING SYSTEM OR HEATING
5 UNIT SHALL BE EXEMPT FROM THE REQUIREMENT OF SUBSECTION (A).
6 COGENERATION SYSTEMS USING NATURAL GAS SHALL BE EXEMPT FROM THE
7 REQUIREMENT OF SUBSECTION (A) IF THE SYSTEMS ARE IN OR BEYOND
8 THE DESIGN STAGE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
9 (C) FOR THE PURPOSES OF THIS SECTION "COAL" MEANS COAL
10 PRODUCED FROM MINES IN PENNSYLVANIA OR ANY MIXTURE OR SYNTHETIC
11 DERIVED, IN WHOLE OR IN PART, FROM COAL PRODUCED FROM MINES IN
12 PENNSYLVANIA.
13 (D) FOR THE PURPOSES OF THIS SECTION THE PHRASE "MIXTURE
14 DERIVED, IN WHOLE OR IN PART, FROM COAL" INCLUDES, BUT IS NOT
15 LIMITED TO, BOTH THE INTERMITTENT AND THE SIMULTANEOUS BURNING
16 OF NATURAL GAS WITH COAL OR A COAL DERIVATIVE IF THE
17 INTERMITTENT OR SIMULTANEOUS BURNING OF NATURAL GAS WOULD:
18 (1) LOWER THE COST OF USING COAL OR A COAL DERIVATIVE
19 PRODUCED FROM MINES IN PENNSYLVANIA; OR
20 (2) ENABLE COAL OR A COAL DERIVATIVE PRODUCED FROM MINES IN
21 PENNSYLVANIA TO BE BURNED IN COMPLIANCE WITH PRESENT AND
22 REASONABLY ANTICIPATED ENVIRONMENTAL LAWS AND REGULATIONS.
23 SECTION 6. (A) SECTION 3 OF THIS ACT, AMENDING SECTION
24 1411(E) OF THE ADMINISTRATIVE CODE OF 1929, SHALL TAKE EFFECT
25 JULY 1, 1987, AND SHALL BE APPLICABLE TO TERMS OR SEMESTERS
26 BEGINNING THEREAFTER.
27 (B) SECTION 2 OF THIS ACT, AMENDING SECTION 1104 OF THE
28 ADMINISTRATIVE CODE OF 1929, SHALL TAKE EFFECT APRIL 1, 1987.
29 (C) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
L4L71RAW/19850H0144B4166 - 8 -