PRIOR PRINTER'S NOS. 1203, 1739 PRINTER'S NO. 2049
No. 1031 Session of 1989
INTRODUCED BY ARMSTRONG, HESS, PUNT, HELFRICK, STAPLETON,
RHOADES, BRIGHTBILL, MADIGAN, CORMAN, BAKER, ANDREZESKI,
BELL, LEMMOND, SHAFFER, O'PAKE, AFFLERBACH, AND REIBMAN,
JUNE 12, 1989
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
MARCH 26, 1990
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An <--
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for the State
6 System of Higher Education to act as both lessor and lessee
7 of property; providing for the issuance of bonds; and making
8 repeals.
9 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
10 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
11 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
12 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
13 LAWS RELATING THERETO," FURTHER PROVIDING FOR THE STATE
14 SYSTEM OF HIGHER EDUCATION TO ACT AS BOTH LESSOR AND LESSEE
15 OF PROPERTY; FURTHER PROVIDING FOR MAINTENANCE PROJECTS AND
16 PROJECT CONTRACTS; FURTHER PROVIDING FOR NONDISCRIMINATION;
17 FURTHER PROVIDING FOR METHOD OF DISPOSITION OF PROPERTY; AND
18 MAKING EDITORIAL CHANGES.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 2001-A(19) of the act of March 10, 1949 <--
22 (P.L.30, No.14), known as the Public School Code of 1949, is
23 repealed.
24 Section 2. Section 2003-A of the act, added November 12,
1 1982 (P.L.660, No.188), is amended to read:
2 Section 2003-A. Purposes and General Powers.--(a) The State
3 System of Higher Education shall be part of the Commonwealth's
4 system of higher education. Its purpose shall be to provide high
5 quality education at the lowest possible cost to the students.
6 The primary mission of the system is the provision of
7 instruction for undergraduate and graduate students to and
8 beyond the master's degree in the liberal arts and sciences and
9 in applied fields, including the teaching profession. Graduate
10 instruction at the doctoral level, except for doctoral programs
11 provided for in the act of December 16, 1965 (P.L.1113, No.430),
12 known as the "Indiana University of Pennsylvania Act," only may
13 be offered jointly with Indiana University or an institution
14 chartered to offer work at the doctoral level. Programs of
15 research and service may be provided which are approved by the
16 Board of Governors, and which are consistent with the primary
17 mission of the system. Each institution shall provide
18 appropriate educational facilities, student living facilities
19 and such other facilities as deemed necessary by the board.
20 (b) The system is hereby granted and shall have and may
21 exercise all the powers necessary or convenient for the carrying
22 out of the aforesaid purposes, including, but without limiting
23 the generality of the foregoing, the following rights and
24 powers:
25 (1) To have perpetual existence as a corporation.
26 (2) To adopt, use and alter at will a corporate seal.
27 (3) To acquire, purchase, hold, lease as lessee and use any
28 property, real, personal or mixed, tangible or intangible, or
29 any interest therein, lease as lessor any property, real,
30 personal or mixed, tangible or intangible, necessary or
19890S1031B2049 - 2 -
1 desirable for carrying out the purposes of the system, and to
2 sell, [lease as lessor,] transfer and dispose of any property
3 [other than real property], real, personal or mixed, tangible or
4 intangible, or any interest therein at any time acquired by it
5 and to take, demand, receive and possess all moneys, real
6 property and goods which shall be appropriated, given or granted
7 to for the use of the system and to apply the same according to
8 the will of the donors; and by gift, purchase or devise to
9 receive, possess, enjoy and retain forever any and all real and
10 personal estate and funds, of whatsoever kind, nature or quality
11 the same may be, in special trust and confidence that the same,
12 and the profits thereof, shall be applied to and for the use and
13 purpose of endowing the system, and shall have power to receive
14 donations from any source whatever, to be exclusively devoted to
15 the purposes of the system or according to the terms of
16 donation: Provided, however, That the system shall have no power
17 at any time or in any manner, to pledge the credit or taxing
18 power of the Commonwealth, nor shall any of its obligations or
19 debts be deemed to be obligations of the Commonwealth, nor shall
20 the Commonwealth be liable for the payment of principal or
21 interest on such obligations. Nothing herein shall empower the
22 Board of Governors or the chancellor to take or receive any
23 moneys, goods or other property, real or personal, which is
24 given or granted to specific institutions.
25 (4) To undertake construction, repair, renovation and
26 maintenance projects and the administration thereof, and to
27 retain design, engineering, project management and other
28 professional services in connection therewith. Retention of
29 professional services shall be accomplished by a merit selection
30 process. All other contracts in excess of five thousand dollars
19890S1031B2049 - 3 -
1 ($5,000) shall be competitively bid. Project designs shall be
2 filed with the Department of General Services for projects to be
3 erected on lands owned by the Commonwealth and projects
4 involving existing facilities erected by the Department of
5 General Services. The Department of General Services shall have
6 sixty (60) days to review such plans and advise the system
7 regarding their conformity to published standards. Nothing in
8 this clause shall be construed as amending, repealing or
9 otherwise modifying the provisions of the act of May 1, 1913
10 (P.L.155, No.104), entitled "An act regulating the letting of
11 certain contracts for the erection, construction, and alteration
12 of public buildings," or the act of August 15, 1961 (P.L.987,
13 No.442), known as the "Pennsylvania Prevailing Wage Act."
14 (5) To transfer and convey any easements or licenses
15 necessitated by any construction project which has been
16 previously authorized by the Board of Governors.
17 (6) To borrow money, make and issue negotiable notes, bonds,
18 refunding bonds and other evidences of indebtedness or
19 obligations (herein called "bonds") of the system, subject to
20 all of the following conditions and limitations:
21 (i) The bonds shall have a maturity date not longer than
22 forty (40) years from the date of issue.
23 (ii) The system, by pledge or deed of trust of all or any of
24 its revenues and receipts, may secure the payment of such bonds
25 or any part thereof.
26 (iii) The system may make such agreements with the
27 purchasers or holders of such bonds, or with others in
28 connection with any such bonds, whether issued or to be issued,
29 as the system shall deem advisable.
30 (iv) The system shall provide for the security for the bonds
19890S1031B2049 - 4 -
1 and the rights of the holders thereof.
2 (v) The system shall not issue bonds if, on the date of
3 issuance, the aggregate principal amount of bonds to be
4 outstanding shall exceed one hundred per centum (100%) of the
5 system's average gross revenues for the three (3) fiscal years
6 preceding the fiscal year in which bonds are proposed to be
7 issued, except that leases, capitalized or otherwise, entered
8 into by the system, as lessee, in connection with the
9 acquisition of real and personal property shall not be
10 considered bonds for the purposes of these limitations.
11 (vi) The system shall have no power, at any time or in any
12 manner, to pledge the credit or taxing power of the
13 Commonwealth, nor shall any of the bonds or debts of the system
14 be deemed to be obligations of the Commonwealth, nor shall the
15 Commonwealth be liable for the payment of principal or interest
16 on such bonds or other obligations.
17 (c) Collective bargaining agreements in force at the time of
18 enactment of this act shall remain in force for the term of the
19 contract. New collective bargaining agreements with professional
20 employes shall be negotiated on behalf of the system by the
21 chancellor. The board shall make a coalition bargaining
22 arrangement with the Commonwealth for the negotiation of new
23 collective bargaining agreements with noninstructional employes.
24 Section 3. Section 2003-A.1 of the act is repealed.
25 Section 4. Section 2005-A of the act is amended by adding a
26 clause to read:
27 Section 2005-A. The Chancellor.--The chief executive officer
28 of the system shall be a chancellor, who shall be employed by
29 the board in accordance with clause (1) of section 2006-A. In
30 addition to those prescribed by the board, the chancellor shall
19890S1031B2049 - 5 -
1 have the following duties:
2 * * *
3 (12) The chancellor shall take all necessary action in
4 connection with issuance of bonds and other indebtedness
5 authorized by section 2003-A.
6 Section 5. Section 2006-A(a)(9) of the act, added November
7 12, 1982 (P.L.660, No.188), is amended and the subsection is
8 amended by adding a clause to read:
9 Section 2006-A. Powers and Duties of the Board of
10 Governors.--(a) The Board of Governors shall have overall
11 responsibility for planning and coordinating the development and
12 operation of the system. The powers and duties of the Board of
13 Governors shall be:
14 * * *
15 (9) To recommend approval or disapproval of all system
16 building projects funded by appropriations provided in
17 accordance with Article XVI-B of the act of April 9, 1929
18 (P.L.343, No.176), known as "The Fiscal Code," to the Secretary
19 of the Budget [and Administration].
20 * * *
21 (16) To take all necessary action in connection with
22 issuance of bonds and other evidences of indebtedness authorized
23 by section 2003-A.
24 * * *
25 Section 6. The act is amended by adding a section to read:
26 Section 2006.1-A. Powers and Duties Relating to Bonds.--(a)
27 The bonds of the system authorized to be issued shall:
28 (1) Be authorized by resolution of the Board of Governors of
29 the system.
30 (2) Be of such series, bear such date or dates, mature at
19890S1031B2049 - 6 -
1 such time or times, not exceeding forty (40) years from their
2 respective dates.
3 (3) Bear interest, payable at such times and at such rate or
4 rates, as shall be determined by the board as necessary to issue
5 and sell the authorized bonds.
6 (4) Be in such denominations, in such form, either coupon or
7 fully registered without coupons, and carry such registration,
8 exchangeability and interchangeability privileges as the board
9 shall determine.
10 (5) Be payable in such medium of payment and at such place
11 or places as the system shall determine.
12 (6) Be subject to such terms of redemption and be entitled
13 to such priorities in the revenues or receipts of the system as
14 such resolution or resolutions may provide.
15 (b) The bonds shall be signed by or shall bear the facsimile
16 signature of such officers as the board shall determine. Coupon
17 bonds shall have attached thereto interest coupons bearing the
18 facsimile signature of the Chief Fiscal Officer of the system.
19 All bonds shall be authenticated by an authenticating agent,
20 fiscal agent or trustee, as may be prescribed in such resolution
21 or resolutions.
22 (c) Any such bonds may be issued and delivered,
23 notwithstanding that one or more of the officers signing such
24 bonds or the facsimile or whose signature shall be upon such
25 bonds, the coupons, or any thereof, shall have ceased to be such
26 officer or officers at the time when such bonds shall actually
27 be delivered.
28 (d) The bonds may be sold at public or private sale for such
29 price or prices and at such rate of interest as the board shall
30 determine.
19890S1031B2049 - 7 -
1 (e) Pending the preparation of the definitive bonds, interim
2 receipts may be issued to the purchaser of such bonds and may
3 contain such terms and conditions as the system may determine.
4 (f) Any resolution or resolutions authorizing any bonds may
5 contain provisions which shall be part of the contract with the
6 holders thereof as to:
7 (1) The terms and provisions of the bonds.
8 (2) Limitations on the purposes to which the proceeds of the
9 bonds then or thereafter to be issued, or of any loan or grant
10 by the United States, may be applied.
11 (3) The setting aside of reserves or sinking funds and the
12 regulation and disposition thereof.
13 (4) Limitations on the issuance of additional bonds.
14 (5) The terms and provisions of any deed of trust or
15 indenture securing the bonds, or under which the same may be
16 issued.
17 (6) Any other or additional agreements with the holder of
18 the bonds.
19 (g) The system may enter into any deeds of trust indentures
20 or other agreements, with any bank or trust company, or other
21 person or persons in the United States having power to enter
22 into the same, including any Federal agency, as security for
23 such bonds, and may assign and pledge all or any of the revenues
24 or receipts of the system thereunder. The deed of trust,
25 indenture or other agreement may contain such provisions as may
26 be customary in such instruments, or as the system may
27 authorize, including, but without limitation, provisions as to:
28 (1) The construction, improvement, operation, maintenance
29 and repair of any project, and the duties of the system with
30 reference thereto.
19890S1031B2049 - 8 -
1 (2) The application of funds and the safeguarding of funds
2 on hand or on deposit.
3 (3) The rights and remedies of said trustee and the holders
4 of the bonds, (which may include restrictions upon the
5 individual right of action of such bondholders).
6 (4) The terms and provisions of the bonds or the resolutions
7 authorizing the issuance of the same.
8 (h) Except to the extent that the rights herein given may be
9 restricted by resolution passed before the issuance of the
10 bonds, or by the trust indenture, any holder of bonds issued
11 under the provisions of this section, or any of the coupons
12 attached thereto, and the trustee under the trust indenture, if
13 any, may either at law or in equity, by suit, action, mandamus
14 or other proceedings, protect and enforce any and all rights
15 granted hereunder or under such resolution or trust indenture
16 and may enforce and compel performance of all duties required by
17 this act or by such resolution or trust indenture to be
18 performed by the system or any officer thereof.
19 (i) All system bonds shall have all the qualities of
20 negotiable instruments under the law merchant and the negotiable
21 instruments law of the Commonwealth of Pennsylvania.
22 (j) The accomplishment by the system of the authorized
23 purposes stated in this article being for the benefit of the
24 people of the Commonwealth and for the improvement of their
25 education and prosperity, in which accomplishment the system
26 will be performing essential governmental functions, the system
27 shall not be required to pay any taxes or assessments on any
28 property acquired or used by it for the purposes provided in
29 this article, and the bonds, notes or other obligations issued
30 by the system, their transfer and the income therefrom,
19890S1031B2049 - 9 -
1 including any profits made on the sale thereof, shall at all
2 times be free from taxation within the Commonwealth.
3 Section 7. This act shall take effect in 60 days.
4 SECTION 1. SECTION 2001-A(19) OF THE ACT OF MARCH 10, 1949 <--
5 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
6 JUNE 23, 1988 (P.L.457, NO.77), IS AMENDED TO READ:
7 SECTION 2001-A. DEFINITIONS.--THE FOLLOWING WORDS AND
8 PHRASES WHEN USED IN THIS ARTICLE SHALL, FOR THE PURPOSE OF THIS
9 ARTICLE, HAVE THE FOLLOWING MEANINGS, RESPECTIVELY, EXCEPT IN
10 THOSE INSTANCES WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT
11 MEANING:
12 * * *
13 (19) "MAINTENANCE PROJECTS" SHALL MEAN THOSE ACTIVITIES,
14 MATERIALS, LABOR AND CONTRACTS NECESSARY TO REPLACE, RESTORE,
15 REFURBISH OR ENHANCE REAL PROPERTY WHICH DO NOT ALTER THE
16 ARCHITECTURAL OR ENGINEERING CHARACTERISTICS OF THE STRUCTURE,
17 AS FOLLOWS: PAINTING; WINDOW REPAIR AND REPLACEMENT; ROOF REPAIR
18 AND REPLACEMENT; REPOINTING AND MASONRY REPAIR; DOWNSPOUT AND
19 GUTTERS; LANDSCAPING; ROADWAYS, PARKING FACILITIES, TRACK AND
20 ATHLETIC COURT RESURFACING AND RECONSTRUCTION; SIDEWALK AND
21 CURBING RECONSTRUCTION AND REPLACEMENT; ASBESTOS ABATEMENT (IN
22 ACCORDANCE WITH ALL STATE AND FEDERAL STATUTES AND REGULATIONS);
23 CAULKING AND INSULATION; AND REPLACEMENT, RECONSTRUCTION AND
24 CONSTRUCTION OF NON-LOAD BEARING INTERIOR WALLS. [THE DEPARTMENT
25 OF GENERAL SERVICES MAY DEFINE ADDITIONAL MAINTENANCE PROJECTS
26 ON A CASE-BY-CASE BASIS.] NO SUCH PROJECT SHALL AFFECT THE
27 STRUCTURAL INTEGRITY OF ANY EXISTING FACILITY OR UTILITY SYSTEM.
28 SECTION 2. SECTION 2003-A OF THE ACT, ADDED NOVEMBER 12,
29 1982 (P.L.660, NO.188), IS AMENDED TO READ:
30 SECTION 2003-A. PURPOSES AND GENERAL POWERS.--(A) THE STATE
19890S1031B2049 - 10 -
1 SYSTEM OF HIGHER EDUCATION SHALL BE PART OF THE COMMONWEALTH'S
2 SYSTEM OF HIGHER EDUCATION. ITS PURPOSE SHALL BE TO PROVIDE HIGH
3 QUALITY EDUCATION AT THE LOWEST POSSIBLE COST TO THE STUDENTS.
4 THE PRIMARY MISSION OF THE SYSTEM IS THE PROVISION OF
5 INSTRUCTION FOR UNDERGRADUATE AND GRADUATE STUDENTS TO AND
6 BEYOND THE MASTER'S DEGREE IN THE LIBERAL ARTS AND SCIENCES AND
7 IN APPLIED FIELDS, INCLUDING THE TEACHING PROFESSION. GRADUATE
8 INSTRUCTION AT THE DOCTORAL LEVEL, EXCEPT FOR DOCTORAL PROGRAMS
9 PROVIDED FOR IN THE ACT OF DECEMBER 16, 1965 (P.L.1113, NO.430),
10 KNOWN AS THE "INDIANA UNIVERSITY OF PENNSYLVANIA ACT," ONLY MAY
11 BE OFFERED JOINTLY WITH INDIANA UNIVERSITY OR AN INSTITUTION
12 CHARTERED TO OFFER WORK AT THE DOCTORAL LEVEL. PROGRAMS OF
13 RESEARCH AND SERVICE MAY BE PROVIDED WHICH ARE APPROVED BY THE
14 BOARD OF GOVERNORS, AND WHICH ARE CONSISTENT WITH THE PRIMARY
15 MISSION OF THE SYSTEM. EACH INSTITUTION SHALL PROVIDE
16 APPROPRIATE EDUCATIONAL FACILITIES, STUDENT LIVING FACILITIES
17 AND SUCH OTHER FACILITIES AS DEEMED NECESSARY BY THE BOARD.
18 (B) THE SYSTEM IS HEREBY GRANTED AND SHALL HAVE AND MAY
19 EXERCISE ALL THE POWERS NECESSARY OR CONVENIENT FOR THE CARRYING
20 OUT OF THE AFORESAID PURPOSES, INCLUDING, BUT WITHOUT LIMITING
21 THE GENERALITY OF THE FOREGOING, THE FOLLOWING RIGHTS AND
22 POWERS:
23 (1) TO HAVE PERPETUAL EXISTENCE AS A CORPORATION.
24 (2) TO ADOPT, USE AND ALTER AT WILL A CORPORATE SEAL.
25 (3) TO ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE AND USE ANY
26 PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR
27 ANY INTEREST THEREIN, LEASE AS LESSOR ANY PROPERTY, REAL,
28 PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, NECESSARY OR
29 DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE SYSTEM, AND TO
30 SELL, [LEASE AS LESSOR,] TRANSFER AND DISPOSE OF ANY PROPERTY
19890S1031B2049 - 11 -
1 [OTHER THAN REAL PROPERTY OR ANY INTEREST THEREIN AT ANY TIME
2 ACQUIRED BY IT AND] ACQUIRED BY GIFT, GRANT, DEVISE OR BEQUEST,
3 WHETHER THE PROPERTY IS REAL, PERSONAL OR MIXED, TANGIBLE OR
4 INTANGIBLE, OR ANY INTEREST THEREIN; TO TAKE, DEMAND, RECEIVE
5 AND POSSESS ALL MONEYS, REAL PROPERTY AND GOODS WHICH SHALL BE
6 APPROPRIATED, GIVEN OR GRANTED TO FOR THE USE OF THE SYSTEM AND
7 TO APPLY THE SAME ACCORDING TO THE WILL OF THE DONORS; [AND] TO
8 SELL, TRANSFER AND DISPOSE OF REAL PROPERTY ACQUIRED BY AND
9 TITLED TO THE SYSTEM UPON APPROVAL BY THE GENERAL ASSEMBLY AS
10 PROVIDED IN SECTION 2018-A; AND BY GIFT, PURCHASE OR DEVISE TO
11 RECEIVE, POSSESS, ENJOY AND RETAIN FOREVER ANY AND ALL REAL AND
12 PERSONAL ESTATE AND FUNDS, OF WHATSOEVER KIND, NATURE OR QUALITY
13 THE SAME MAY BE, IN SPECIAL TRUST AND CONFIDENCE THAT THE SAME,
14 AND THE PROFITS THEREOF, SHALL BE APPLIED TO AND FOR THE USE AND
15 PURPOSE OF ENDOWING THE SYSTEM, AND SHALL HAVE POWER TO RECEIVE
16 DONATIONS FROM ANY SOURCE WHATEVER, TO BE EXCLUSIVELY DEVOTED TO
17 THE PURPOSES OF THE SYSTEM OR ACCORDING TO THE TERMS OF
18 DONATION: PROVIDED, HOWEVER, THAT THE SYSTEM SHALL HAVE NO POWER
19 AT ANY TIME OR IN ANY MANNER, TO PLEDGE THE CREDIT OR TAXING
20 POWER OF THE COMMONWEALTH, NOR SHALL ANY OF ITS OBLIGATIONS OR
21 DEBTS BE DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH, NOR SHALL
22 THE COMMONWEALTH BE LIABLE FOR THE PAYMENT OF PRINCIPAL OR
23 INTEREST ON SUCH OBLIGATIONS. NOTHING HEREIN SHALL EMPOWER THE
24 BOARD OF GOVERNORS OR THE CHANCELLOR TO TAKE OR RECEIVE ANY
25 MONEYS, GOODS OR OTHER PROPERTY, REAL OR PERSONAL, WHICH IS
26 GIVEN OR GRANTED TO SPECIFIC INSTITUTIONS.
27 (C) COLLECTIVE BARGAINING AGREEMENTS IN FORCE AT THE TIME OF
28 ENACTMENT OF THIS ACT SHALL REMAIN IN FORCE FOR THE TERM OF THE
29 CONTRACT. NEW COLLECTIVE BARGAINING AGREEMENTS WITH PROFESSIONAL
30 EMPLOYES SHALL BE NEGOTIATED ON BEHALF OF THE SYSTEM BY THE
19890S1031B2049 - 12 -
1 CHANCELLOR. THE BOARD SHALL MAKE A COALITION BARGAINING
2 ARRANGEMENT WITH THE COMMONWEALTH FOR THE NEGOTIATION OF NEW
3 COLLECTIVE BARGAINING AGREEMENTS WITH NONINSTRUCTIONAL EMPLOYES.
4 SECTION 3. SECTION 2003-A.1 OF THE ACT, ADDED JUNE 23, 1988
5 (P.L.457, NO.77), IS AMENDED TO READ:
6 SECTION 2003-A.1. [CONTRACTS FOR MAINTENANCE PROJECTS]
7 PROJECT CONTRACTS.--(A) THE STATE SYSTEM OF HIGHER EDUCATION IS
8 HEREBY AUTHORIZED TO EXECUTE AND ADMINISTER CONTRACTS [WITHOUT
9 REGARD TO THE SOURCE OF FUNDS NECESSARY FOR THE PERFORMANCE OF
10 MAINTENANCE PROJECTS TO THE EXTENT THAT THE AGGREGATE PROJECT
11 COST FOR SINGLE OR MULTIPLE CONTRACTED WORK DOES NOT EXCEED ONE
12 HUNDRED THOUSAND DOLLARS ($100,000). THIS LIMIT SHALL BE
13 ADJUSTED ANNUALLY IN ACCORDANCE WITH THE COMPOSITE CONSTRUCTION
14 COST INDEX ESTABLISHED BY THE FEDERAL DEPARTMENT OF COMMERCE.
15 PRIOR TO BIDDING, A CONTRACT WHICH EXCEEDS THE AMOUNT ANNUALLY
16 AUTHORIZED BY THIS SECTION SHALL BE PRESENTED TO THE DEPARTMENT
17 OF GENERAL SERVICES FOR NINETY (90) DAYS FOR REVIEW AND APPROVAL
18 OR DISAPPROVAL. ALL CONTRACTS, REGARDLESS OF THEIR AMOUNT, SHALL
19 BE RECORDED WITH THE DEPARTMENT OF GENERAL SERVICES PRIOR TO
20 BIDDING.] FOR CONSTRUCTION, REPAIR, RENOVATION AND MAINTENANCE
21 PROJECTS WITHIN THE MEANING OF SECTION 2401.1 OF THE ACT OF
22 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
23 CODE OF 1929," INCLUDING ALL ASPECTS OF PROJECT MANAGEMENT,
24 DESIGN AND CONSTRUCTION AND LEGAL AND ADMINISTRATIVE SERVICES
25 RELATED TO AND NECESSARY FOR THE COMPLETION OF SUCH PROJECTS,
26 EXCEPT CAPITAL PROJECTS WHICH ARE FUNDED BY COMMONWEALTH GENERAL
27 OBLIGATION BONDS, CAPITAL APPROPRIATIONS OR PURSUANT TO ARTICLE
28 XVI-B OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS
29 "THE FISCAL CODE," UNLESS DELEGATED BY THE DEPARTMENT OF GENERAL
30 SERVICES TO THE SYSTEM.
19890S1031B2049 - 13 -
1 [(B) UPON THE REQUEST OF THE DEPARTMENT OF GENERAL SERVICES,
2 THE STATE SYSTEM OF HIGHER EDUCATION SHALL PROVIDE UPDATED
3 PLANS, DRAWINGS AND SPECIFICATIONS FOR ANY CONTRACTED WORK.
4 (C) FOR ANY PROJECTS OR CONTRACTS INVOLVING ARCHITECTURAL OR
5 ENGINEERING CONSIDERATIONS OR WHICH MAY AFFECT STRUCTURAL
6 INTEGRITY, CONTRACT SPECIFICATIONS MUST BE REVIEWED AND APPROVED
7 BY THE DEPARTMENT OF GENERAL SERVICES.
8 (D) UPON THE REQUEST OF THE STATE SYSTEM OF HIGHER
9 EDUCATION, THE DEPARTMENT OF GENERAL SERVICES SHALL EXECUTE AND
10 ADMINISTER, WITHOUT CHARGE, CONTRACTS FOR MAINTENANCE PROJECTS.]
11 (B) THE SYSTEM SHALL REVIEW THE WORK, EXPERIENCE AND
12 QUALIFICATIONS OF ARCHITECTS AND ENGINEERS SEEKING CONTRACTS
13 FROM THE SYSTEM UNDER THIS SECTION, AND ON THE BASIS OF MERIT,
14 SELECT AND APPOINT ARCHITECTS AND ENGINEERS FOR THE DESIGN,
15 CONTRACT ADMINISTRATION AND AT THE SYSTEM'S DISCRETION,
16 INSPECTION OF A PROJECT AUTHORIZED BY THIS SECTION. THE BOARD
17 SHALL GIVE PUBLIC NOTICE IN THE MANNER PROVIDED BY LAW OF
18 PROJECTS WHICH REQUIRE THE SERVICES OF ARCHITECTS AND ENGINEERS.
19 THE BOARD SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSIDERATION OF
20 THE FOLLOWING FACTORS IN THE SELECTION OF ARCHITECTS AND
21 ENGINEERS:
22 (1) EQUITABLE DISTRIBUTION OF CONTRACTS AMONG QUALIFIED
23 ARCHITECTS AND ENGINEERS;
24 (2) CAPABILITY TO PERFORM THE DESIGN AND CONSTRUCTION
25 SERVICES FOR THE CONTRACT BEING CONSIDERED;
26 (3) GEOGRAPHIC PROXIMITY OF THE ARCHITECT OR ENGINEER TO THE
27 PROPOSED FACILITY;
28 (4) ABILITY OF THE ARCHITECT OR ENGINEER TO FURNISH THE
29 NECESSARY AVAILABLE MANPOWER TO PERFORM THE SERVICES REQUIRED BY
30 THE PROJECT; AND
19890S1031B2049 - 14 -
1 (5) ANY OTHER RELATED CIRCUMSTANCES PECULIAR TO THE PROPOSED
2 CONTRACT.
3 (C) ALL CONTRACTS, OTHER THAN CONTRACTS FOR THE RETENTION OF
4 ARCHITECTS AND ENGINEERS, AUTHORIZED BY THIS SECTION WHICH
5 EXCEED FIVE THOUSAND DOLLARS ($5,000) SHALL BE ADVERTISED IN THE
6 MANNER PROVIDED BY LAW AND COMPETITIVELY BID AND AWARDED TO THE
7 LOWEST RESPONSIBLE BIDDER.
8 (D) THE POWER AND AUTHORITY GRANTED BY THIS SECTION SHALL
9 NOT BE EXERCISED BY THE SYSTEM, THE BOARD OR AN INSTITUTION FOR
10 A PROJECT TO MODIFY, REPAIR OR RENOVATE ANY FACILITY ERECTED BY
11 THE DEPARTMENT OF GENERAL SERVICES UNLESS PRIOR WRITTEN NOTICE
12 SETTING FORTH THE NATURE, SCOPE, EXTENT AND DESCRIPTION OF SUCH
13 PROJECT HAS BEEN GIVEN TO THE DEPARTMENT OF GENERAL SERVICES.
14 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AMENDING,
15 REPEALING OR OTHERWISE MODIFYING THE PROVISIONS OF THE ACT OF
16 MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE
17 LETTING OF CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND
18 ALTERATION OF PUBLIC BUILDINGS," OR THE ACT OF AUGUST 15, 1961
19 (P.L.987, NO.442), KNOWN AS THE "PENNSYLVANIA PREVAILING WAGE
20 ACT."
21 (F) THE SYSTEM IS AUTHORIZED TO TRANSFER AND CONVEY ANY
22 EASEMENTS OR LICENSES NECESSITATED BY ANY CONSTRUCTION PROJECT
23 WHICH HAS BEEN PREVIOUSLY AUTHORIZED BY THE BOARD.
24 SECTION 4. SECTION 2006-A(A)(8) AND (9) OF THE ACT, AMENDED
25 OR ADDED NOVEMBER 12, 1982 (P.L.660, NO.188) AND JULY 10, 1986
26 (P.L.1270, NO.117), ARE AMENDED TO READ:
27 SECTION 2006-A. POWERS AND DUTIES OF THE BOARD OF
28 GOVERNORS.--(A) THE BOARD OF GOVERNORS SHALL HAVE OVERALL
29 RESPONSIBILITY FOR PLANNING AND COORDINATING THE DEVELOPMENT AND
30 OPERATION OF THE SYSTEM. THE POWERS AND DUTIES OF THE BOARD OF
19890S1031B2049 - 15 -
1 GOVERNORS SHALL BE:
2 * * *
3 (8) TO ESTABLISH GENERAL PERSONNEL POLICIES UNDER WHICH THE
4 INSTITUTIONS SHALL OPERATE CONSISTENT WITH MERIT PRINCIPLES; TO
5 DETERMINE EQUIVALENT DEGREE AND TEACHING EXPERIENCE
6 QUALIFICATIONS FOR APPOINTMENT OR PROMOTION OF FACULTY EMPLOYES
7 WITHIN THE CLASSIFICATIONS ENUMERATED IN THE ACT OF JANUARY 18,
8 1952 (1951 P.L.2111, NO.600), REFERRED TO AS THE STATE COLLEGE
9 FACULTY COMPENSATION LAW, TO INCLUDE, BUT NOT BE LIMITED TO, THE
10 DEGREES OF JURIS DOCTOR AND MASTER OF FINE ARTS; AND TO ENTER
11 INTO COLLECTIVE BARGAINING AGREEMENTS PURSUANT TO THE ACT OF
12 JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE
13 RELATIONS ACT," IN ACCORDANCE WITH SECTION [2008-A] 2003-A OF
14 THIS ACT.
15 (9) TO RECOMMEND APPROVAL OR DISAPPROVAL OF ALL SYSTEM
16 BUILDING PROJECTS TO THE SECRETARY OF [BUDGET AND
17 ADMINISTRATION.] THE BUDGET WHICH ARE NOT WITHIN THE CONTRACTING
18 AUTHORITY OF THE SYSTEM UNDER SECTION 2003-A.1.
19 * * *
20 SECTION 5. SECTION 2014-A OF THE ACT, ADDED NOVEMBER 12,
21 1982 (P.L.660, NO.188), IS AMENDED TO READ:
22 SECTION 2014-A. NONDISCRIMINATION [POLICY].--NO PERSON SHALL
23 BE DENIED MATRICULATION AT ANY SYSTEM INSTITUTION OR A POSITION
24 AS A GOVERNOR, TRUSTEE, FACULTY MEMBER, OR EMPLOYE OF THE
25 SYSTEM, OR [STUDENT WITH THE SYSTEM OR ITS CONSTITUENT
26 INSTITUTIONS] THE OPPORTUNITY TO CONTRACT WITH THE SYSTEM OR ITS
27 CONSTITUENT INSTITUTIONS BECAUSE OF [HIS] RACE, COLOR, RELIGION,
28 [CREED, ANCESTRY,] AGE, SEX, NATIONAL ORIGIN, HANDICAP OR
29 POLITICAL [PARTY] AFFILIATION. THE BOARD SHALL DEVELOP AND
30 PROMULGATE BY REGULATION A PLAN ASSURING EQUAL OPPORTUNITY IN
19890S1031B2049 - 16 -
1 EDUCATIONAL ACCESS, EMPLOYMENT AND CONTRACTING. THE PLAN SHALL
2 PROVIDE FOR NONDISCRIMINATION AND COMPLIANCE WITH RESPECT TO
3 CONTRACTING PRACTICES FOR THE SYSTEM, ITS CONSTITUENT
4 INSTITUTIONS AND THEIR CONTRACTORS, SUBCONTRACTORS, ASSIGNEES,
5 LESSEES, AGENTS, VENDORS AND SUPPLIERS.
6 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
7 SECTION 2018-A. METHOD OF DISPOSITION; CONSIDERATION BY THE
8 GENERAL ASSEMBLY.--(A) WHENEVER THE SYSTEM DEEMS THAT IT IS
9 NECESSARY OR DESIRABLE TO SELL, TRANSFER OR DISPOSE OF REAL
10 PROPERTY ACQUIRED BY AND TITLED TO IT, IT SHALL REQUEST
11 AUTHORIZATION FROM THE GENERAL ASSEMBLY TO SELL, TRANSFER OR
12 DISPOSE OF SAID REAL PROPERTY; AND FROM TIME TO TIME, AS
13 NECESSARY, THE SYSTEM SHALL SUBMIT TO THE CHIEF CLERK OF THE
14 HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE
15 REQUESTS TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY ACQUIRED
16 BY AND TITLED TO THE SYSTEM FOR CONSIDERATION BY THE GENERAL
17 ASSEMBLY.
18 (B) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
19 DISPOSE OF REAL PROPERTY TRANSMITTED TO THE GENERAL ASSEMBLY
20 SHALL BE PROPOSED AS A RESOLUTION, AND SHALL BE PLACED ON THE
21 CALENDAR OF EACH HOUSE FOR THE NEXT LEGISLATIVE DAY FOLLOWING
22 ITS RECEIPT, AND SHALL BE CONSIDERED BY EACH HOUSE WITHIN THIRTY
23 CALENDAR DAYS OF CONTINUOUS SESSION OF THE GENERAL ASSEMBLY.
24 (C) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
25 DISPOSE OF REAL PROPERTY SHALL TAKE EFFECT IF IT IS APPROVED BY
26 A MAJORITY VOTE OF THE DULY ELECTED MEMBERSHIP OF EACH HOUSE
27 DURING SUCH THIRTY-DAY PERIOD, OR MAY BE DISAPPROVED BY EITHER
28 HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY ELECTED
29 MEMBERSHIP OF EACH HOUSE.
30 (D) NO RESOLUTION SHALL BE EFFECTIVE:
19890S1031B2049 - 17 -
1 (1) UNLESS IT DESIGNATES THE NUMBER OF THE REQUEST FOR
2 AUTHORIZATION TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY AND
3 THE DATE ON WHICH IT WAS TRANSMITTED TO THE GENERAL ASSEMBLY; OR
4 (2) IF IT SPECIFIES MORE THAN ONE REQUEST FOR AUTHORIZATION
5 TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY EXCEPT AS
6 OTHERWISE PROVIDED BY SUBSECTION (G) OF THIS SECTION.
7 (E) THE EFFECTIVE DATE OF EACH REQUEST FOR AUTHORIZATION TO
8 SELL, DISPOSE OR TRANSFER REAL PROPERTY SHALL BE THE DATE OF
9 APPROVAL OF THE LAST OF THE TWO HOUSES TO ACT. UPON THE
10 EXPIRATION OF THE THIRTY-DAY PERIOD AFTER THE DELIVERY OF THE
11 REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
12 PROPERTY TO THE TWO HOUSES OF THE GENERAL ASSEMBLY AND THE
13 FAILURE TO ACT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
14 EACH REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
15 PROPERTY SHALL BECOME EFFECTIVE.
16 (F) FOR THE PURPOSES OF SUBSECTION (B) OF THIS SECTION:
17 (1) CONTINUITY OF SESSION SHALL BE CONSIDERED AS BROKEN ONLY
18 BY AN ADJOURNMENT OF THE GENERAL ASSEMBLY SINE DIE.
19 (2) IN THE COMPUTATION OF THE THIRTY-DAY PERIOD, THERE SHALL
20 BE EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION
21 BECAUSE OF AN ADJOURNMENT OF MORE THAN TEN DAYS TO A DAY
22 CERTAIN.
23 (G) ANY PROVISION OF THE REQUEST FOR AUTHORIZATION TO SELL,
24 DISPOSE OR TRANSFER REAL PROPERTY MAY, UNDER PROVISIONS
25 CONTAINED THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE
26 DATE ON WHICH THE REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
27 DISPOSE OF REAL PROPERTY OTHERWISE TAKES EFFECT.
28 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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