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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 15, 2009 |
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| AN ACT |
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1 | Imposing additional requirements for closure or sale of any |
2 | State veterans home, center or school. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Veterans |
7 | Homes, Centers and Schools Emergency Preservation Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Center." The Southeastern Veterans Center, the Gino J. Merli |
13 | Veterans Center and the Southwestern Veterans Center. |
14 | "Closure." The closing, selling, leasing, transfer of |
15 | ownership or operational control of a veterans home or center or |
16 | the Scotland School for Veterans’ Children or a drastic |
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1 | reduction in educational services or staff or any other act or |
2 | omission that renders a veterans home or center or the Scotland |
3 | School for Veterans' Children inoperable. |
4 | "Department." The Department of Military and Veterans |
5 | Affairs of the Commonwealth. |
6 | "Home." The Pennsylvania Soldiers and Sailors Home, the |
7 | Hollidaysburg Veterans Home and the Delaware Valley Veterans |
8 | Home. |
9 | "School." The Scotland School for Veterans’ Children. |
10 | Section 3. Study and findings. |
11 | (a) Study.—-Prior to a proposed closure of a home, center or |
12 | school, the department shall conduct a study, in consultation |
13 | with the facilities' officials, the State Veterans' Commission |
14 | and groups representing spouses, parents or guardians of |
15 | veterans and veterans' children. |
16 | (b) Findings.--Prior to a proposed closure of a home, center |
17 | or school, the department shall: |
18 | (1) Identify the cost of all upgrades, renovations and |
19 | additions made to the facility within the last ten years. |
20 | (2) Identify the efficiency of the operations of the |
21 | home, center or school and the specific method of calculating |
22 | the per patient or the per student cost. |
23 | (3) Identify cost-saving measures needed to produce a |
24 | more cost-effective operation of the home, center or school. |
25 | (4) Identify methods as to how the Commonwealth can best |
26 | continue providing fiscal support to the home, center or |
27 | school at the facility's location. |
28 | (5) Identify marketing steps that could be taken to |
29 | improve access for veterans and veterans' children to |
30 | services provided. |
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1 | (6) Identify alternative uses of the home, center or |
2 | school facilities and acreage during summer months or other |
3 | off-peak times. |
4 | (7) Determine a timetable necessary to transfer veterans |
5 | or veterans' children if closure is authorized by the General |
6 | Assembly and the Governor. |
7 | (c) Final report.—-The department shall submit a final |
8 | report with the required findings and recommendations to the |
9 | Governor, the President pro tempore of the Senate, the Speaker |
10 | of the House of Representatives, the Veterans Affairs and |
11 | Emergency Preparedness Committee of the Senate and the Veterans |
12 | Affairs and Emergency Preparedness Committee of the House of |
13 | Representatives one year prior to any proposed closure to |
14 | provide for appropriate legislative oversight. |
15 | Section 4. Action. |
16 | (a) Review of reports.--A home, center or school shall |
17 | remain open and continue marketing and accepting applications |
18 | for veterans or veteran's children while the Veterans Affairs |
19 | and Emergency Preparedness Committee of the Senate and the |
20 | Veterans Affairs and Emergency Preparedness Committee of the |
21 | House of Representatives review the report and take recommended |
22 | appropriate action to the General Assembly. |
23 | (b) Injunction.--Any veteran or veteran's child that would |
24 | be affected by the closure of a home, center or school shall |
25 | have the right to institute an action in equity to enjoin any |
26 | person from taking any action prohibited under this act. |
27 | (c) Certification.--No home, center or school shall be |
28 | listed for sale as surplus property unless the department |
29 | delivers certification of compliance with this act to the |
30 | President pro tempore of the Senate, the Speaker of the House of |
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1 | Representatives, the Chief Clerk of the Senate and the Chief |
2 | Clerk of the House of Representatives. |
3 | (d) Single subject legislation.--No closure of any home, |
4 | center or school may occur unless the bill for closure includes |
5 | no other subject, in strict conformance with section 3 of |
6 | Article III of the Constitution of Pennsylvania. |
7 | (e) Appropriations bill or codification; limitation.--No |
8 | closure of any home, center or school may be voted on as part of |
9 | a general appropriation bill or a bill codifying or compiling |
10 | the law or part thereof. |
11 | Section 5. Effective date. |
12 | This act shall take effect immediately. |
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