PRIOR PRINTER'S NOS. 1132, 2064, 2076 PRINTER'S NO. 2504
No. 1027 Session of 1997
INTRODUCED BY KAISER, NAILOR, LEDERER, GORDNER, THOMAS, BELARDI,
HERSHEY, ROONEY, BAKER, WALKO, SEMMEL, GODSHALL, YOUNGBLOOD,
BIRMELIN, HORSEY, GRUITZA, ALLEN, WAUGH, BOSCOLA, ROSS,
READSHAW, HALUSKA, VAN HORNE, TANGRETTI, E. Z. TAYLOR, LYNCH,
MICHLOVIC, PRESTON, KIRKLAND, MARKOSEK, STERN, ADOLPH,
COLAFELLA, McCALL, TRELLO, A. H. WILLIAMS AND HUTCHINSON,
MARCH 19, 1997
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 27, 1997
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," further providing for
21 Commonwealth agencies, for gubernatorial appointments, for
22 boards of trustees of State institutions, for definitions
23 relating to crime victim's compensation, for the lapsing of
24 funds and for public members of licensing boards; modifying
25 and increasing the powers of the executive board; limiting
26 collective bargaining for school administrators employed by
27 cities of the first class; prohibiting certain fees for the
28 use of State property for the purpose of making commercial
29 motion pictures; imposing additional duties on the Auditor
1 General, the State Treasurer and the Attorney General;
2 authorizing the Department of Corrections to assess and
3 collect certain payments from prisoners; providing for bonds
4 for certain oil and gas wells, for timetable for the review
5 of municipal waste landfill and resource recovery facility
6 permit applications, for early intervention services and for <--
7 the powers of certain campus police; authorizing the
8 establishment of the Pennsylvania Infrastructure Bank in the
9 Department of Transportation; further providing for workers'
10 compensation assessments; restricting certain drug <--
11 substitutions; repealing provisions relating to gasoline
12 dispensing facilities and certain reports under the Health
13 Care Services Malpractice Act; and making other repeals.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. As much as relates to the Department of Education
17 in section 202 of the act of April 9, 1929 (P.L.177, No.175),
18 known as The Administrative Code of 1929, amended July 11, 1996
19 (P.L.618, No.105), is amended to read:
20 Section 202. Departmental Administrative Boards,
21 Commissions, and Offices.--The following boards, commissions,
22 and offices are hereby placed and made departmental
23 administrative boards, commissions, or offices, as the case may
24 be, in the respective administrative departments mentioned in
25 the preceding section, as follows:
26 * * *
27 In the Department of Education,
28 Board of Trustees of Thaddeus Stevens
29 [State School] College of Technology,
30 Board of Trustees of Scranton State School for the Deaf,
31 Public Service Institute Board,
32 State Board of Private Academic Schools,
33 State Board of Private Licensed Schools,
34 State Board of Education.
35 * * *
36 Section 2. Section 207.1(d)(4) of the act, amended or added
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1 November 8, 1976 (P.L.1109, No.227) and February 17, 1984
2 (P.L.75, No.14), is amended to read:
3 Section 207.1. Gubernatorial Appointments.--* * *
4 (d) The Governor shall nominate in accordance with the
5 provisions of the Constitution of the Commonwealth of
6 Pennsylvania and, by and with the advice and consent of a
7 majority of the members elected to the Senate appoint persons to
8 fill the following positions:
9 * * *
10 (4) Those members which he is authorized to appoint to the
11 Delaware Valley Regional Planning Commission, the Pennsylvania
12 Public Television Network Commission, [the State Council of <--
13 Civil Defense,] the State Farm Products Commission, the <--
14 Pennsylvania Housing Finance Agency, the Board of Trustees of
15 each State College and University, the Board of Trustees of
16 Scotland School for Veterans' Children, the Board of Trustees of
17 Thaddeus Stevens [State School] College of Technology, the State
18 Conservation Commission, the Commonwealth of Pennsylvania
19 Council on the Arts, the State Planning Board, the Pennsylvania
20 Drug, Device and Cosmetic Board, the County Board of Assistance
21 in each county, the State Board of Public Welfare, the Boards of
22 Trustees of Centers, the Board of Trustees of each Restoration
23 Center, the Board of Trustees of each State General Hospital,
24 the Board of Trustees of each State School and Hospital, the
25 Board of Trustees of each State Hospital, the State Dental
26 Council and Examining Board, the State Real Estate Commission,
27 the State Registration Board for Professional Engineers, the
28 State Boards of Examiners of Architects, Auctioneers, Nursing
29 Home Administrators and Public Accountants, the State Boards of
30 Barber Examiners, Chiropractic Examiners, Cosmetology, Funeral
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1 Directors, Medical Education and Licensure, Nurse Examiners,
2 Optometrical Examiners, Osteopathic Examiners, Pharmacy,
3 Physical Therapy Examiners, Podiatry Examiners, Veterinary
4 Medical Examiners, Landscape Architects and Motor Vehicle
5 Manufacturers, Dealers and Salesmen, the Pennsylvania Board of
6 Psychologist Examiners, the State Athletic Commission, [the <--
7 Hazardous Substance Transportation Board,] the Pennsylvania <--
8 Higher Education Assistance Agency, the Pennsylvania Historical
9 and Museum Commission, the State Tax Equalization Board, the
10 Public School Employees' Retirement Board, the State Employees'
11 Retirement Board, the Municipal Police Officers' Education and
12 Training Commission, [the Pennsylvania Nursing Home Loan Agency, <--
13 the Crime Victims Compensation Board,] the Consumer Advocate, <--
14 and the Pennsylvania Minority Business Development Authority.
15 * * *
16 Section 3. Section 401 of the act, amended July 9, 1986
17 (P.L.547, No.97), is amended to read:
18 Section 401. Boards of Trustees of State Institutions.--(a)
19 The boards of trustees of each of the State institutions
20 hereinafter mentioned shall consist of nine members, and the
21 head of the department having supervision over the institution
22 ex officio.
23 (b) The terms of each member of each such board shall be six
24 years, and until his successor is appointed and qualified.
25 (c) All members of all boards, appointed to succeed members
26 who have served six year terms, shall be appointed for terms of
27 six years from the date of the expiration of the preceding term.
28 Vacancies happening before the expiration of a term shall be
29 filled for the unexpired term.
30 (d) Five members of any such board shall constitute a
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1 quorum.
2 (e) Each such board shall annually elect a president and
3 vice-president from among its members, and a secretary and
4 treasurer who need not be members of the board. The secretary
5 and treasurer may be the same person.
6 (f) This section shall apply to:
7 Board of Trustees of Thaddeus Stevens [State School] College
8 of Technology,
9 Board of Trustees of Scranton State School for the Deaf,
10 Board of Trustees of Scotland School for Veterans' Children,
11 Board of Trustees of Pennsylvania Soldiers' and Sailors'
12 Home,
13 Board of Trustees of State Industrial Home for Women,
14 Board of Trustees of the Western Youth Development Centers,
15 Board of Trustees of the Central Youth Development Centers,
16 Board of Trustees of the Eastern Youth Development Centers,
17 Board of Trustees of Allentown State Hospital,
18 Board of Trustees of Clarks Summit State Hospital,
19 Board of Trustees of Danville State Hospital,
20 Board of Trustees of Embreeville Center,
21 Board of Trustees of Farview State Hospital,
22 Board of Trustees of Harrisburg State Hospital,
23 Board of Trustees of Mayview State Hospital,
24 Board of Trustees of Norristown State Hospital,
25 Board of Trustees of Philadelphia State Hospital,
26 Board of Trustees of Somerset State Hospital,
27 Board of Trustees of Warren State Hospital,
28 Board of Trustees of Wernersville State Hospital,
29 Board of Trustees of Woodville State Hospital,
30 Board of Trustees of Torrance State Hospital,
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1 Board of Trustees of Haverford State Hospital,
2 Board of Trustees of Ashland State General Hospital,
3 Board of Trustees of Coaldale State General Hospital,
4 Board of Trustees of Nanticoke State General Hospital,
5 Board of Trustees of Philipsburg State General Hospital,
6 Board of Trustees of Scranton State General Hospital,
7 Board of Trustees of Shamokin State General Hospital,
8 Board of Trustees of Ebensburg Center,
9 Board of Trustees of Eastern State School and Hospital,
10 Board of Trustees of Laurelton Center,
11 Board of Trustees of Pennhurst Center,
12 Board of Trustees of Polk Center,
13 Board of Trustees of Selinsgrove Center,
14 Board of Trustees of Hamburg Center,
15 Board of Trustees of Western Center,
16 Board of Trustees of White Haven Center,
17 Board of Trustees of Woodhaven Center,
18 Board of Trustees of the South Mountain Restoration Centers.
19 Section 4. The definition of "crime" in section 477 of the
20 act, amended November 17, 1995 (1st Sp.Sess., P.L.1093, No.27),
21 is amended and the section is amended by adding a definition to
22 read:
23 Section 477. Definitions.--So far as it relates to the crime
24 victim's compensation provisions, the following terms shall be
25 defined as:
26 * * *
27 "Crime" means an act, including an act resulting in injury
28 intentionally inflicted through the use of a motor vehicle,
29 which was committed:
30 (1) In Pennsylvania by a person without regard to legal
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1 exemption or defense and which would constitute a crime only as
2 defined in, proscribed by or enumerated in:
3 (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
4 § 5502 (relating to operating watercraft under influence of
5 alcohol or controlled substance) or 5502.1 (relating to homicide
6 by watercraft while operating under influence) and 75 Pa.C.S. §
7 3731 (relating to driving under influence of alcohol or
8 controlled substance) or 3735 (relating to homicide by vehicle
9 while driving under influence);
10 (ii) the act of April 14, 1972 (P.L.233, No.64), known as
11 "The Controlled Substance, Drug, Device and Cosmetic Act"; or
12 (iii) the laws of the United States.
13 (2) Against a resident of Pennsylvania which would be a
14 crime under clause (1) but for its occurrence in a state other
15 than Pennsylvania.
16 (3) Against a resident of Pennsylvania which is an act of
17 international terrorism.
18 * * *
19 "International terrorism" means activities that:
20 (1) Involve violent acts or acts dangerous to human life
21 that are a violation of the criminal laws of the United States
22 or of any state, or that would be a criminal violation if
23 committed within the jurisdiction of the United States or of any
24 state.
25 (2) Appear to be intended:
26 (i) to intimidate or coerce a civilian population;
27 (ii) to influence the policy of a government by intimidation
28 or coercion; or
29 (iii) to affect the conduct of a government by assassination
30 or kidnapping.
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1 (3) Occur primarily outside of the territorial jurisdiction
2 of the United States, or transcend national boundaries in terms
3 of the means by which they are accomplished, the persons they
4 appear intended to intimidate or coerce, or the locale in which
5 their perpetrators operate or seek asylum.
6 * * *
7 Section 5. Section 614 of the act, amended August 14, 1991
8 (P.L.331, No.35), is amended to read:
9 Section 614. List of Employes to be Furnished to Certain
10 State Officers.--(a) All administrative departments, boards,
11 and commissions and the Attorney General shall on July 15 of
12 each year, transmit to the Auditor General, the State Treasurer
13 and Secretary of the Budget a complete list, and to the
14 Legislative Data Processing Center a computer tape of such list,
15 as of July 1 preceding, of the names of all persons, except day-
16 laborers, entitled to receive compensation from the Commonwealth
17 for services rendered in or to the department, board, or
18 commission, as the case may be. Such list shall show the
19 position occupied by each such person, the date of birth and
20 voting residence of such person, the salary at which or other
21 basis upon which such person is entitled to be paid, the date
22 when such person entered the service of the Commonwealth,
23 whether such person has been continuously employed by the
24 Commonwealth since that date, and all periods of service and
25 positions held as an employe of the Commonwealth, or such part
26 of such information as the Governor may prescribe.
27 (a.1) The Auditor General and the State Treasurer shall on
28 July 15 of each year transmit to the Secretary of the Budget a
29 complete list, and to the Legislative Data Processing Center a
30 computer tape of such list, as of July 1 preceding, of the names
19970H1027B2504 - 8 -
1 of all persons, except day-laborers, entitled to receive
2 compensation from the Commonwealth for services rendered in or
3 to the Auditor General or the State Treasurer, as the case may
4 be. Such list shall show the position occupied by each such
5 person, the date of birth and voting residence of such person,
6 the salary at which or other basis upon which such person is
7 entitled to be paid, the date when such person entered the
8 service of the Commonwealth, whether such person has been
9 continuously employed by the Commonwealth since that date, and
10 all periods of service and positions held as an employe of the
11 Commonwealth.
12 (b) No later than the 15th of each month thereafter, the
13 Attorney General, the heads of the several administrative
14 departments, and the several independent administrative boards
15 and commissions, shall certify to the Auditor General, the State
16 Treasurer and the Secretary of the Budget any changes in the
17 annual list of employes last transmitted to them which shall
18 have occurred during the preceding month and shall provide to
19 the Legislative Data Processing Center a computer tape of such
20 changes.
21 (b.1) No later than the fifteenth of each month thereafter,
22 the Auditor General and the State Treasurer shall certify to the
23 Secretary of the Budget any changes in the annual list of
24 employes last transmitted to them which shall have occurred
25 during the preceding month and shall provide to the Legislative
26 Data Processing Center a computer tape of such changes.
27 (c) The information received by the Auditor General, the
28 State Treasurer and the Secretary of the Budget, under this
29 section, shall be public information.
30 Section 6. Section 620 of the act, amended September 27,
19970H1027B2504 - 9 -
1 1978 (P.L.775, No.149), is amended to read:
2 Section 620. Budget Implementation Data.--(a) The Governor,
3 the Auditor General, the State Treasurer and the Attorney
4 General shall make monthly expenditure data available to the
5 Majority and Minority Chairmen of the Appropriations Committees
6 of the Senate and the House of Representatives. Monthly data
7 shall be provided within fifteen (15) days after the end of each
8 month. The monthly data shall be prepared in such a way that the
9 last monthly submission is a summary inclusive of the preceding
10 months of the fiscal year and shall be usable to establish a
11 history of expenditure file. This data, at the discretion of the
12 Majority and Minority Chairmen of the Appropriations Committees
13 of the Senate and the House of Representatives may be provided
14 either in finished reports or on computer tapes. The data shall
15 be provided by fund, by appropriation, by department and by
16 organization within each department and shall include:
17 (1) Number of filled personnel positions and their cost.
18 (2) Itemized personnel vacancies and their cost.
19 (3) New positions created and their cost.
20 (4) Wage and overtime costs.
21 (5) Allotments and expenditures for itemized personnel
22 expenses.
23 (6) Allotments and expenditures for itemized operating
24 expenses.
25 (7) Allotments and expenditures for itemized fixed assets.
26 (8) The rate of expenditures in appropriations for major
27 subsidy and grant programs during the month.
28 In addition to the above specified budgetary data, the Governor,
29 the Auditor General, the State Treasurer and the Attorney
30 General shall make available any other budgetary data as may be
19970H1027B2504 - 10 -
1 requested from time to time by the Majority and Minority
2 Chairmen of the Appropriations Committees of the Senate and the
3 House of Representatives.
4 (b) The Governor shall make monthly revenue reports to the
5 Majority and Minority Chairmen of the Appropriations Committees
6 of the Senate and the House of Representatives. The revenue
7 reports shall show the actual collection of revenue itemized by
8 source and a comparison of the actual collections with estimated
9 collections for each month. The comparison shall be accompanied
10 by an analysis which would indicate any change in collection
11 patterns which will cause a shortfall or overrun on the annual
12 estimates of more than one per centum (1%).
13 (c) The Governor, the Auditor General, the State Treasurer,
14 and the Attorney General shall cause to be prepared any other
15 revenue data as may be requested from time to time by the
16 Majority or Minority Chairmen of the Appropriations Committees
17 of the Senate or the House of Representatives.
18 Section 7. Section 621 of the act, amended or added October
19 8, 1980 (P.L.785, No.146) and July 1, 1990 (P.L.277, No.67), is
20 amended to read:
21 Section 621. Lapsing of Funds.--(a) As used in this
22 section:
23 "Contingent commitment." An authorization made by proper
24 authority for [a spending] an agency to commit [moneys] funds
25 from an appropriation which has not [as] yet been made by the
26 General Assembly. It is contingent upon the eventual passage of
27 an appropriation for the purpose [and money may not be paid out
28 or]. Neither goods or services can be delivered nor funds
29 expended until such an appropriation has been made.
30 "Contracted repairs." All [contracted] repairs to buildings,
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1 grounds, roads, fixed and movable equipment and furniture,
2 excluding maintenance and repair work performed by State
3 employes. Repairs are defined as costs which will restore the
4 asset to that condition which will permit the effective use of
5 the asset up to but not beyond its previously determined useful
6 life.
7 "Economic development." Programs to maximize employment
8 opportunities, economic growth and development of communities
9 and the overall economic development of the Commonwealth through
10 industrial development, employability development, community
11 development, resource development, labor-management relations
12 and job training.
13 "Emergency." A situation or circumstance that threatens the
14 continued operation of government or the health, safety or lives
15 of the citizens of the Commonwealth.
16 "Encumbrance." Obligation or commitment in the form of
17 purchase orders, field purchase orders, contracts, grant
18 agreements or other authorizing documents related to unperformed
19 contracts for goods and services which are chargeable to an
20 appropriation and for which a part of the appropriation is
21 reserved.
22 "Fixed assets." Includes as machinery, equipment or
23 furniture those articles which meet the following two general
24 criteria:
25 (1) Those items that can be expected to have a useful life
26 of more than one year.
27 (2) Those items that can be used repeatedly without
28 materially changing or impairing their physical condition and
29 that can be kept in serviceable condition by normal repair,
30 maintenance or replacement of components.
19970H1027B2504 - 12 -
1 Also included in this major category of expenditure are:
2 livestock, game and poultry purchased primarily for farm stock,
3 breeding or similar use, land acquisitions, acquisitions of
4 buildings and structures, capital improvements to buildings and
5 structures and nonstructural improvements.
6 "Grants and subsidies." Includes all payments made by the
7 State to political subdivisions, individuals, institutions and
8 organizations for which no direct services are rendered to the
9 State. Also included are: awards, bounties and indemnities.
10 "Litigation." Any pending, proposed or current action or
11 matter, including arbitration and audits, subject to appeal
12 before a court of law or administrative adjudicative body, the
13 decision of which body may be appealed to a court of law.
14 "Major categories of expenditure." [Fixed assets,
15 operational expenses and personnel services] Includes personnel
16 services, operational expenses, fixed assets, grants and
17 subsidies, debt service, and fixed charges and nonexpense items.
18 "Operational expenses." Includes the cost of commodities,
19 substances or manufactured articles which are used or consumed
20 in current operation or processed in the construction or
21 manufacture of articles. [Supplies also include minor] Also
22 includes equipment, expendable tools and other articles not
23 meeting the criteria for machinery and equipment set forth in
24 the definition of "fixed assets." [This major category of
25 expenditure also] In addition, includes services performed by
26 State or outside agencies which may include the use of equipment
27 or the furnishing of commodities in connection with these
28 services under express or implied contracts.
29 "Personnel services." The cost of salaries and wages,
30 [including the State's] State share of payroll taxes and employe
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1 benefits[,] paid to or on behalf of State officials and employes
2 for services rendered and for State annuitants. Includes among
3 other things, the State share of unemployment compensation,
4 employe training and annual and sick leave payouts.
5 ["Purchase order." A written] "Procurement document." A
6 document authorizing delivery of specified items or the
7 rendering of certain services and the incurrence of a charge for
8 them. Includes purchase orders, field purchase orders, leases,
9 contracts and other authorizing documents.
10 "Purchase requisition." A written or electronic request to
11 the [purchasing officer, usually of a] central [supply]
12 purchasing agency[,] for the purchase [or delivery] of specified
13 items [or services].
14 (b) All actions relating to the encumbering of funds shall
15 be supported by complete documentation [including a detailing of
16 methods used to estimate a year-end encumbrance. Purchase
17 orders]. Procurement documents shall have a specified delivery
18 date. [Delivery of goods and services encumbered in one fiscal
19 year shall be made by August 31 of the following fiscal year,
20 except as otherwise herein provided.] Encumbrances shall be
21 expended as herein provided.
22 (c) Payments for personnel services shall be charged to the
23 fiscal year in which the expense was incurred or the liability
24 accrued.
25 (d) Payments for operational expenses and grants and
26 subsidies shall be charged as follows:
27 (1) Purchases of supplies [and services other than
28 specifically provided herein] shall be charged to the fiscal
29 year in which the actual expenses or commitment to purchase was
30 incurred. [Contracted services, consultant fees]
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1 (1.1) Contracted services and rentals, excluding General
2 State Authority rentals, shall be [prorated between fiscal
3 years] charged to the fiscal year in which the service was
4 provided or rental occurred.
5 (2) [Payment of the cost of contracted] Contracted repairs
6 shall be charged to the fiscal year in which [the obligation was
7 incurred] an encumbrance was created.
8 (3) [Payments of grants] Grants and subsidies [and
9 reimbursements for services provided or costs incurred by other
10 government units, institutions, and individuals] shall be
11 charged to the fiscal year in which funds were appropriated,
12 allocated for the purpose by the Budget Secretary [and
13 obligated] and/or encumbered.
14 (4) Except as hereinafter provided, no encumbrance for
15 operational expenses and grants or subsidies shall be made after
16 May 31 in the fiscal year to which the encumbrance is charged.
17 (5) Encumbrances for operational expenses and grants and
18 subsidies made because of purchase orders issued from purchase
19 requisitions or because of an emergency [that threatens the
20 continued operation of government or the health, safety or lives
21 of the citizens of the Commonwealth] may be created subsequent
22 to May 31[. If a purchase order is executed subsequent to June
23 15, a contingent commitment shall be established to insure the
24 payment of the bill] but not later than June 30.
25 [(6) Outstanding prior year encumbrances charged to
26 operational expenses or subsidies and grants shall be reviewed
27 not later than August 31 of the current fiscal year. At that
28 time they shall be cancelled and the funds shall lapse unless
29 extended because of the material shortages, delays in production
30 schedules, strikes, arbitration, inspections, audits, acts of
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1 nature, or litigation upon complete justification of the agency
2 with the concurrence of the agency controller.]
3 (7) Encumbrances for economic development grants or projects
4 may be retained until the close of the second fiscal year
5 following the fiscal year in which the original grants or
6 projects were encumbered.
7 (e) Fixed assets shall be charged as follows:
8 (1) Purchase or cost of fixed assets shall be charged to the
9 fiscal year in which [funds for this purpose are allocated by
10 the Budget Secretary] an encumbrance was created.
11 (2) Except as hereinafter provided, no encumbrance for fixed
12 assets shall be made after [February 28] May 31 in the fiscal
13 year to which the encumbrance is charged.
14 (3) Encumbrances for fixed assets made because of purchase
15 orders issued from purchase requisitions or because of an
16 emergency [that threatens the continued operation of government,
17 or the health, safety, or lives of the citizens of the
18 Commonwealth] may be created subsequent to [February 28. If a
19 purchase order is executed subsequent to April 30, a contingent
20 commitment shall be established to insure the payment of the
21 bill unless delivery is expected prior to] May 31 but not later
22 than June 30.
23 [(4) Encumbrances for fixed assets made because of a
24 purchase order subsequent to April 30 shall be automatically
25 cancelled and the funds lapsed if delivery is not made prior to
26 June 30.
27 (5) Outstanding prior year encumbrances charged to fixed
28 assets shall be reviewed not later than September 30 of the
29 current fiscal year. At that time they shall be cancelled and
30 the funds lapsed unless extended because of material shortages,
19970H1027B2504 - 16 -
1 delays in production schedules, strikes, arbitration,
2 inspections, audits, acts of nature, or litigation upon complete
3 justification of the agency with the concurrence of the agency
4 controller.]
5 (f) Outstanding prior year encumbrances [extended in
6 accordance with the provisions of this act shall be
7 automatically] shall be cancelled as of October 31, excepting
8 encumbrances for [items being litigated or arbitrated.]:
9 construction, repairs and improvements and items being
10 litigated. In addition, a prior year encumbrance may remain
11 encumbered beyond October 31 provided the agency comptroller has
12 evidence that either the goods were provided on or before
13 October 31 or the services were provided by June 30 of the
14 previous fiscal year.
15 (g) Nothing shall preclude an agency from either encumbering
16 funds [from] against or direct charging expenditures to the
17 current fiscal year to pay for a prior year's encumbrance which
18 was cancelled under subsection (c), (d), (e) or (f).
19 (h) [Balances due to] Available balances created by the
20 liquidation or cancellation of prior year encumbrances shall be
21 lapsed. These [funds] balances shall not be transferred [to any
22 other major or minor category] between major categories of
23 expenditure and may not be used to create any new obligation.
24 (i) [Moneys from liquidation or cancellation of prior year
25 encumbrances shall be lapsed by the end of the subsequent month
26 in which the encumbrance was liquidated or cancelled, or earlier
27 at the discretion of the Budget Secretary.] Except as a result
28 of litigation, in no case shall an encumbrance be held for more
29 than the next complete [subsequent] fiscal year.
30 (j) In no case shall there be a transfer of funds from an
19970H1027B2504 - 17 -
1 encumbrance in one major category of expenditure to an
2 encumbrance in another major category of expenditure.
3 (k) All deadlines for creating encumbrances shall be
4 extended when the encumbrances apply to an appropriation
5 received after the deadlines stated herein.
6 (l) In no case shall an encumbrance be created after June 30
7 of the fiscal year in which the moneys were appropriated.
8 (m) The Secretary of the Budget shall have the power to
9 waive any of the provisions included in section 621 upon written
10 request of an agency justifying an exception to these provisions
11 which is in the best interests of the Commonwealth. When the
12 Secretary of the Budget decides to approve an agency request for
13 a waiver of these provisions, he shall submit the agency request
14 along with his own written analysis and justification for the
15 waiver of these provisions to the respective Chairmen of the
16 Majority and Minority Appropriations Committees in the House of
17 Representatives and the Senate allowing a reasonable time for
18 their review and comment.
19 [(n) During the first ten (10) days of the fiscal period
20 beginning July 1, 1990, the Comptroller of the House of
21 Representatives shall forward lapse documents to the State
22 Treasurer for at least twenty-seven million dollars
23 ($27,000,000) of prior year continuing appropriations of the
24 House of Representatives. This subsection shall expire September
25 30, 1990.]
26 Section 8. The act is amended by adding a section to read:
27 Section 625-A. Fees Prohibited.--Except for extraordinary
28 activities, no department or agency of the Commonwealth may
29 charge a fee or other cost, except the actual costs incurred by
30 the affected department or agency, for the use of State-owned
19970H1027B2504 - 18 -
1 property for the purpose of making commercial motion pictures.
2 For purposes of this section, the term "extraordinary" shall
3 mean an activity outside the normal course of business of an
4 agency or department of this Commonwealth, including, but not
5 limited to, demolition or construction projects, or any
6 combination thereof, having a total cost in excess of one
7 million dollars ($1,000,000).
8 Section 9. Section 709 of the act, amended April 23, 1941
9 (P.L.21, No.13), July 20, 1968 (P.L.457, No.215), December 18,
10 1968 (P.L.1232, No.390), October 7, 1974 (P.L.673, No.225) and
11 repealed in part July 13, 1988 (P.L.530, No.94), is amended to
12 read:
13 Section 709. Executive Board.--Subject to the provisions of
14 this act, the Executive Board shall have the power:
15 (a) To standardize the qualifications for employment, and
16 all titles, salaries, and wages, of persons employed by the
17 administrative departments, boards, and commissions, except the
18 OFFICE OF ATTORNEY GENERAL, THE Department of the Auditor <--
19 General and the Treasury Department. In establishing such
20 standards the board may:
21 (1) Take into consideration the location of the work and the
22 conditions under which the service is rendered,
23 (2) Establish different standards for different kinds,
24 grades and classes of similar work or service;
25 (b) To approve or disapprove the establishment of bureaus
26 and divisions by the administrative departments, other than the
27 OFFICE OF ATTORNEY GENERAL, THE Department of the Auditor <--
28 General and the Treasury Department, and by the independent
29 administrative boards and commissions, and to investigate
30 duplication of work of the several administrative departments,
19970H1027B2504 - 19 -
1 boards, and commissions, and the efficiency of the organization
2 and administration thereof, and the better coordination of such
3 departments, boards, and commissions;
4 (c) To approve or disapprove, as provided by this act, the
5 payment of extra compensation to employes of administrative
6 departments, boards, or commissions, who are employed at fixed
7 compensation;
8 (d) To determine, from time to time, the hours when the
9 administrative offices of the State Government shall open and
10 close;
11 (e) To establish regulations concerning the entitlement to
12 leaves of absence, with pay, for employes of administrative
13 departments, boards or commissions;
14 (e.1) To determine the holidays on which the administrative
15 offices of State Government shall be closed for the purpose of
16 transacting public business;
17 (f) To make rules and regulations [defining the] providing
18 for travel, lodging and other expenses for which all officers
19 and employes of the executive branch of the State Government may
20 be reimbursed;
21 (f.1) To establish rates of per diem compensation for
22 members of departmental boards and commissions for which no
23 annual rate of compensation has been established;
24 (g) To determine by what members of independent
25 administrative boards and commissions fidelity bonds shall be
26 given, to approve or disapprove recommendations of department
27 heads, or of independent administrative boards or commissions,
28 for the bonding of officers or employes of their departments, or
29 members or officers or employes of departmental administrative
30 boards or commissions, or officers or employes of independent
19970H1027B2504 - 20 -
1 administrative boards or commissions, to fix the amounts of the
2 bonds of all such members, officers, or employes required to
3 give bond, and to require any bond or bonds to be executed by a
4 surety or sureties, even though the Commonwealth may have
5 established its own indemnity fund, as elsewhere in this act
6 provided;
7 (h) To approve or disapprove the establishment of branch
8 offices outside of the Capital city by or for administrative
9 departments, boards, or commissions;
10 (i) From time to time to determine within what limits the
11 Department of [Property and Supplies] GENERAL SERVICES shall <--
12 procure liability insurance covering claims for damages against
13 the Commonwealth, and State officers and employes, arising out
14 of the operation of State automobiles or the performance of any
15 other assigned duties and responsibilities by such officers and
16 employes;
17 (j) From time to time to determine the number and type of
18 automobiles to be purchased by the Department of [Property and <--
19 Supplies] GENERAL SERVICES, acting either on its own behalf or <--
20 as purchasing agency for any other department, except the OFFICE <--
21 OF ATTORNEY GENERAL, THE Department of the Auditor General and
22 the Treasury Department, or for any board or commission, and to
23 make rules and regulations for the use of State automobiles by
24 State officers and employes, except the OFFICE OF ATTORNEY <--
25 GENERAL, THE Department of the Auditor General and the Treasury
26 Department.
27 (k) To approve or disapprove requests for and to direct the
28 disposal of files of correspondence, reports, records or other
29 papers which are not needed for the current or anticipated
30 future operations of any administrative department, board or
19970H1027B2504 - 21 -
1 commission, and which date back a period of four years or more.
2 (l) To report to the General Assembly on an annual basis,
3 beginning May 1, 1975 and each May 1 thereafter, on all changes
4 approved or negotiated by the Executive Board in relation to
5 matters covered in sections 222(b), 222(c), 709(e) and 709(e.1),
6 the estimated costs under the existing rules and provisions and
7 the estimated costs under the new rules and provisions for the
8 next five years.
9 Section 10. Section 813(f) of the act, added March 21, 1986
10 (P.L.62, No.18), is amended to read:
11 Section 813. Public Members of Licensing Boards and
12 Commissions.
13 * * *
14 (f) A public member who fails to attend two consecutive
15 conferences conducted pursuant to subsection (e) shall forfeit
16 his seat on the board or commission of which he is a public
17 member unless the Commissioner of Professional and Occupational
18 Affairs, upon written request from the public member, finds that
19 the public member should be excused from a conference because of
20 illness [or], the death of a family member or a conflict with
21 the public member's business or work schedule.
22 * * *
23 Section 11. The act is amended by adding a section to read:
24 Section 904-B. Powers to Assess and Collect Costs.--(a)
25 When the Department of Corrections determines that there has
26 been a financial loss or cost as a result of a violation of a
27 written rule governing inmate behavior, including, but not
28 limited to, property loss or damage or use of a controlled
29 substance, the department may require the prisoner to pay to the
30 department or to the person whose property has been lost or
19970H1027B2504 - 22 -
1 damaged, the value of the property or the costs incurred in the
2 investigation and administrative review of the behavior.
3 (b) The department shall develop written procedures relating
4 to the determination, assessment and collection of the costs of
5 losses due to inmate misconduct. When the procedures have been
6 adopted by the department, the provisions of 2 Pa.C.S. Ch. 5
7 Subch. A (relating to practice and procedure of Commonwealth
8 agencies) shall not apply to proceedings conducted by the
9 department under this section.
10 (c) The department may deduct from an inmate's institutional
11 account the amount of any judgment, court-ordered costs or
12 assessments against the inmate under subsection (a). Notice of
13 the deduction shall be provided to the inmate by certified mail
14 or personal notice.
15 Section 12. Section 1321(a) of the act, added July 11, 1996
16 (P.L.619, N0.105), is amended to read:
17 Section 1321. Collective Bargaining.--(a) School
18 administrators employed by a city of the first class shall,
19 through labor organizations or other representatives designated
20 by fifty per centum (50%) or more of such school administrators,
21 have the right to bargain collectively with their public
22 employers concerning the terms and conditions of their
23 employment, including compensation, hours, working conditions[,
24 retirement, pension] and other benefits, and shall have the
25 right to an adjustment or settlement of their grievances or
26 disputes in accordance with the terms of this section.
27 * * *
28 Section 13. The act is amended by adding sections to read:
29 Section 1934-A. Bonds for Certain Wells.--No bond or bond
30 substitute shall be required for any well drilled prior to April
19970H1027B2504 - 23 -
1 18, 1985, where such well would have otherwise been subject to
2 the bonding requirements of section 215 or 603.1 of the act of
3 December 19, 1984 (P.L.1140, No.223), known as the "Oil and Gas
4 Act."
5 Section 1935-A. Timetable for Review of Municipal Waste
6 Landfill and Resource Recovery Facility Permit Applications.--
7 Upon the request of an applicant, the Department of
8 Environmental Protection shall establish a timetable in which
9 the department shall review and approve or deny any permit
10 application for a municipal waste landfill or resource recovery
11 facility. The department shall establish a reasonable timetable
12 for the approval or denial of the permit application in
13 consultation with the permit applicant and the governing body of
14 any county and other municipality within which the facility is
15 located and shall publish a notice regarding the timetable in
16 the Pennsylvania Bulletin.
17 Section 2015. Pennsylvania Infrastructure Bank.--(a) There
18 is hereby established a special fund in the Department of
19 Transportation to be known as the Pennsylvania Infrastructure
20 Bank. The fund shall be administered by the Department of
21 Transportation and the Secretary of Transportation STATE <--
22 TREASURER shall be the treasurer-custodian of the fund. All
23 moneys in the fund are hereby appropriated to the Department of
24 Transportation for the purposes specified in this section. The
25 Department of Transportation STATE TREASURER is authorized to <--
26 hold and to disburse in accordance with this section all Federal
27 and State money deposited in the fund. The Department of
28 Transportation is also authorized to use money in the Highway
29 and Safety Improvements appropriation in the Motor License Fund
30 to provide payments as authorized by Federal law, including
19970H1027B2504 - 24 -
1 matching funds, for the Pennsylvania Infrastructure Bank.
2 (b) The Department of Transportation is authorized to:
3 (1) make loans to or enter into leases with qualified
4 borrowers to finance the costs of qualified projects and to
5 acquire, hold and sell borrower obligations evidencing the
6 loans;
7 (2) enter into guaranties secured solely by or purchase
8 insurance or other credit enhancement through amounts on deposit
9 in the fund;
10 (3) enter into contracts, arrangements and agreements to
11 provide assistance through amounts on deposit in the fund. The
12 Department of Transportation shall determine the form and
13 content of any borrower obligation, including the terms and rate
14 of interest on any loans or leases;
15 (4) enter into contracts, arrangements and agreements with
16 other persons and execute and deliver all trust agreements, loan
17 agreements and other instruments necessary or convenient to the
18 exercise of the powers granted by this section;
19 (5) enter into grant cooperative, operating and other
20 agreements with the United States relating to the fund;
21 (6) establish and collect fees, charges and interest;
22 (7) establish fiscal controls and accounting procedures for
23 the fund;
24 (8) adopt regulations, procedures or guidelines for the bank
25 and for accounting procedures by qualified borrowers for
26 financial assistance and projects; and
27 (9) establish accounts and subaccounts in the fund as
28 necessary and invest moneys held in the fund.
29 (c) The Department of Transportation is authorized to take
30 any actions required by Federal law or regulation in order to
19970H1027B2504 - 25 -
1 qualify as a State Infrastructure Bank and to receive Federal
2 funds made available to State Infrastructure Banks.
3 (d) The Department of Transportation shall not be authorized
4 to be a bank, trust company, insurance company or dealer in
5 securities subject to any Federal or State banking or insurance
6 regulating agency or any securities, securities exchange or
7 securities dealers' law.
8 Section 2218. Workers' Compensation Assessment.--Effective
9 July 1, 1997 1998, the assessments for the maintenance of the <--
10 Subsequent Injury Fund, the Workmen's Compensation Supersedeas
11 Fund and the Workmen's Compensation Administration Fund under
12 sections 306.2, 443 and 446 of the act of June 2, 1915 (P.L.736,
13 No.338), known as the "Workers' Compensation Act," shall no
14 longer be imposed on insurers but shall be imposed, collected
15 and remitted through insurers in accordance with regulations
16 promulgated by the Department of Labor and Industry.
17 Section 2336. Early Intervention Services.--(a) The <--
18 Department of Public Welfare is hereby directed to withdraw any
19 application submitted to the Federal Government for Federal
20 approval to change the use of medical assistance funds for early
21 intervention services for infants and toddlers with
22 disabilities.
23 (b) The Department of Public Welfare is hereafter prohibited
24 from applying for Federal approval to change the use of medical
25 assistance funds for early intervention services for infants and
26 toddlers with disabilities without prior, written approval of
27 the Public Health and Welfare Committee of the Senate and the
28 Health and Human Services Committee of the House of
29 Representatives.
30 Section 2416.1. Campus Police Powers and Duties.--(a)
19970H1027B2504 - 26 -
1 Campus police shall have the power and their duty shall be:
2 (1) to enforce good order on the grounds and in the
3 buildings of the college or university;
4 (2) to protect the grounds and buildings of the college or
5 university;
6 (3) to exclude all disorderly persons from the grounds and
7 buildings of the college or university;
8 (4) to adopt whatever means may be necessary for the
9 performance of their duties;
10 (5) to exercise the same powers as are now or may hereafter
11 be exercised under authority of law or ordinance by the police
12 of the municipalities wherein the college or university is
13 located, including, but not limited to, those powers conferred
14 pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal
15 police jurisdiction);
16 (6) to prevent crime, investigate criminal acts, apprehend,
17 arrest and charge criminal offenders and issue summary citations
18 for acts committed on the grounds and in the buildings of the
19 college or university and carry the offender before the proper
20 alderman, justice of the peace, magistrate or bail commissioner
21 and prefer charges against him under the laws of this
22 Commonwealth. Except when acting pursuant to 42 Pa.C.S. Ch. 89
23 Subch. D, campus police shall exercise these powers and perform
24 these duties only on the grounds or within 500 yards of the
25 grounds of the college or university. For the purposes of
26 applying the provisions of 42 Pa.C.S. Ch. 89 Subch. D, the
27 grounds and within 500 yards of the grounds of the college or
28 university shall constitute the primary jurisdiction of the
29 campus police;
30 (7) to order off the grounds and out of the buildings of the
19970H1027B2504 - 27 -
1 college or university all vagrants, loafers, trespassers and
2 persons under the influence of liquor and, if necessary, remove
3 them by force and, in case of resistance, carry such offenders
4 before an alderman, justice of the peace, bail commissioner or
5 magistrate; and
6 (8) to arrest any person who damages, mutilates or destroys
7 the trees, plants, shrubbery, turf, grass plots, benches,
8 buildings and structures or commits any other offense on the
9 grounds and in the buildings of the college or university and
10 carry the offender before the proper alderman, justice of the
11 peace, bail commissioner or magistrate and prefer charges
12 against him under the laws of this Commonwealth.
13 (b) Campus police and municipalities are authorized to enter
14 into an agreement with the municipality wherein the college or
15 university is located to exercise concurrently those powers and
16 to perform those duties conferred pursuant to a cooperative
17 police service agreement in accordance with 42 Pa.C.S. § 8953
18 (relating to Statewide municipal police jurisdiction). When so
19 acting, the campus police of the college or university shall
20 have the same powers, immunities and benefits granted to police
21 officers in 42 Pa.C.S. Ch. 89 Subch. D.
22 (c) When acting within the scope of the authority of this
23 section, campus police are at all times employes of the college
24 or university and shall be entitled to all of the rights and
25 benefits accruing therefrom.
26 (d) As used in this section:
27 "Campus police" means all law enforcement personnel employed
28 by a State-aided or State-related college or university who have
29 successfully completed a campus police course of training
30 approved under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
19970H1027B2504 - 28 -
1 police education and training).
2 "College" or "university" means all State-aided or State-
3 related colleges and universities.
4 "Grounds" means all lands and buildings owned, controlled,
5 leased or managed by a college or university.
6 Section 14. A statutory reference to the Thaddeus Stevens
7 State School of Technology shall be deemed to be a reference to
8 the Thaddeus Stevens College of Technology.
9 Section 15. (a) The following acts and parts of acts are
10 repealed:
11 Section 6.7(a), (b), (c), (d), (e), (f) and (g) of the act of
12 January 8, 1960 (1959 P.L.2119, No.787), known as the Air
13 Pollution Control Act.
14 The first two sentences of section 841-A(c) of the act of
15 October 15, 1975 (P.L.390, No.111), known as the Health Care
16 Services Malpractice Act.
17 Section 512(b) of the act of July 28, 1988 (P.L.556, No.101),
18 known as the Municipal Waste Planning, Recycling and Waste
19 Reduction Act.
20 (b) The following acts and parts of acts are repealed to the
21 extent specified:
22 Act of June 2, 1915 (P.L.736, No.338), known as the Workers'
23 Compensation Act insofar as it is inconsistent with section 2218
24 of the act.
25 Section 2416 of the act of April 9, 1929 (P.L.177, No.175),
26 known as The Administrative Code of 1929, insofar as it is
27 inconsistent with section 2416.1 of the act.
28 (c) All other acts and parts of acts are repealed insofar as
29 they are inconsistent with this act.
30 Section 16. The Department of Health shall, within 30 days <--
19970H1027B2504 - 29 -
1 after the effective date of this act, prepare and publish in the
2 Pennsylvania Bulletin a list of drug products that have a narrow
3 therapeutic range, as identified by the Food and Drug
4 Administration and for which a generic drug has not been
5 approved for use in this Commonwealth as of the effective date
6 of this act, which require careful patient titration and
7 monitoring for safe and effective use. No substitution or
8 interchange of these drug formulations shall be made without
9 written or appropriately documented oral or electronic
10 concurrence of the prescriber.
11 Section 17. This act shall take effect July 1, 1997, or
12 immediately, whichever is later.
13 SECTION 16. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
L16L71JS/19970H1027B2504 - 30 -