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-- 22 (P.L.30, No.14), known as the Public School Code of 1949, is 23 repealed. 24 Section 2.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. D27L24RZ/19890S1031B2049 - 18 -