Bill Text: PA HB1713 | 2009-2010 | Regular Session | Introduced


Bill Title: Imposing additional requirements for closure or sale of any State veterans home, center or school.

Sponsorship: Slight Partisan Bill (Democrat 18-10)

Status: (Introduced - Dead) 2009-06-22 - Re-committed to APPROPRIATIONS [HB1713 Detail]

Download: Pennsylvania-2009-HB1713-Introduced.html

  

 

    

PRINTER'S NO.  2155

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1713

Session of

2009

  

  

INTRODUCED BY BARBIN, KORTZ, WATERS, OLIVER, MELIO, FAIRCHILD, KAUFFMAN, GEORGE, BROWN, MURPHY, DONATUCCI, PETRARCA, BOBACK, GOODMAN, GRUCELA, HESS, HORNAMAN, PARKER, PASHINSKI, PHILLIPS, SWANGER AND WATSON, JUNE 15, 2009

  

  

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 15, 2009  

  

  

  

AN ACT

  

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Imposing additional requirements for closure or sale of any

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State veterans home, center or school.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Veterans

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Homes, Centers and Schools Emergency Preservation Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Center." The Southeastern Veterans Center, the Gino J. Merli

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Veterans Center and the Southwestern Veterans Center.

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"Closure."  The closing, selling, leasing, transfer of

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ownership or operational control of a veterans home or center or

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the Scotland School for Veterans’ Children or a drastic

 


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reduction in educational services or staff or any other act or

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omission that renders a veterans home or center or the Scotland

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School for Veterans' Children inoperable.

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"Department."  The Department of Military and Veterans

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Affairs of the Commonwealth.

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"Home."  The Pennsylvania Soldiers and Sailors Home, the

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Hollidaysburg Veterans Home and the Delaware Valley Veterans

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Home.

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"School."  The Scotland School for Veterans’ Children.

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Section 3.  Study and findings.

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(a)  Study.—-Prior to a proposed closure of a home, center or

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school, the department shall conduct a study, in consultation

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with the facilities' officials, the State Veterans' Commission

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and groups representing spouses, parents or guardians of

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veterans and veterans' children.

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(b)  Findings.--Prior to a proposed closure of a home, center

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or school, the department shall:

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(1)  Identify the cost of all upgrades, renovations and

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additions made to the facility within the last ten years.

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(2)  Identify the efficiency of the operations of the

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home, center or school and the specific method of calculating

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the per patient or the per student cost.

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(3)  Identify cost-saving measures needed to produce a

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more cost-effective operation of the home, center or school.

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(4)  Identify methods as to how the Commonwealth can best

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continue providing fiscal support to the home, center or

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school at the facility's location.

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(5)  Identify marketing steps that could be taken to

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improve access for veterans and veterans' children to

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services provided.

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(6)  Identify alternative uses of the home, center or

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school facilities and acreage during summer months or other

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off-peak times.

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(7) Determine a timetable necessary to transfer veterans

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or veterans' children if closure is authorized by the General

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Assembly and the Governor.

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(c)   Final report.—-The department shall submit a final

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report with the required findings and recommendations to the

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Governor, the President pro tempore of the Senate, the Speaker

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of the House of Representatives, the Veterans Affairs and

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Emergency Preparedness Committee of the Senate and the Veterans

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Affairs and Emergency Preparedness Committee of the House of

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Representatives one year prior to any proposed closure to

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provide for appropriate legislative oversight.

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Section 4.  Action.

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(a)  Review of reports.--A home, center or school shall

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remain open and continue marketing and accepting applications

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for veterans or veteran's children while the Veterans Affairs

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and Emergency Preparedness Committee of the Senate and the

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Veterans Affairs and Emergency Preparedness Committee of the

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House of Representatives review the report and take recommended

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appropriate action to the General Assembly.

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(b)  Injunction.--Any veteran or veteran's child that would

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be affected by the closure of a home, center or school shall

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have the right to institute an action in equity to enjoin any

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person from taking any action prohibited under this act.

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(c)  Certification.--No home, center or school shall be

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listed for sale as surplus property unless the department

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delivers certification of compliance with this act to the

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President pro tempore of the Senate, the Speaker of the House of

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Representatives, the Chief Clerk of the Senate and the Chief

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Clerk of the House of Representatives.

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(d)  Single subject legislation.--No closure of any home,

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center or school may occur unless the bill for closure includes

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no other subject, in strict conformance with section 3 of

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Article III of the Constitution of Pennsylvania.

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(e)  Appropriations bill or codification; limitation.--No

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closure of any home, center or school may be voted on as part of

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a general appropriation bill or a bill codifying or compiling

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the law or part thereof.

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Section 5.  Effective date.

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This act shall take effect immediately.

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