reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter B - STATEMENT OF POLICY OF OFFICE OF GENERAL COUNSEL REGARDING DEFENSE OF SUITS › Section 39.11 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the guidelines, policies and
						procedures of the General Counsel and the Office of General Counsel regarding
						matters governed by Subchapter A (relating to defense of suits against
						Commonwealth employes). This subchapter should be read in conjunction with
						Subchapter A and Management Directives 205.6 and 630.2 (relating to defense of
						suits against Commonwealth employes; and reporting of employe liability
						claims).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter B - STATEMENT OF POLICY OF OFFICE OF GENERAL COUNSEL REGARDING DEFENSE OF SUITS › Section 39.12 - Criminal cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reporting of cases.
(1)
					 Subject to §
												39.14 (relating to independent
					 agencies), when a current or former member, official or employe of the
					 executive branch of the Commonwealth is charged with a crime or is otherwise
					 the subject of a criminal investigation or prosecution arising from alleged
					 acts or omissions occurring while in the service of the Commonwealth, the
					 agency shall report the matter to the Office of General Counsel (OGC) under
					 paragraph 3a of Management Directive 205.6 (relating to defense of suits
					 against Commonwealth employe). The report, which is required to include all of
					 the circumstances known to the agency concerning the prosecution, shall be
					 directed to the deputy general counsel assigned as liaison to the agency
					 involved or, if none, to the deputy designated for that purpose by
					 OGC.
(2) The reporting requirements
					 of Management Directive 205.6 are in addition to those required under §
												§
												7.171-7.179 (relating to criminal
					 charges), if applicable to the member, official or employe of the agency
					 involved.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter B - STATEMENT OF POLICY OF OFFICE OF GENERAL COUNSEL REGARDING DEFENSE OF SUITS › Section 39.13 - Civil cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reporting of cases.
In the case of a current or former member,
					 official or employe of the executive branch of the Commonwealth sued in his
					 personal capacity in a civil action, the reporting requirements are set forth
					 in §
											39.4 (relating to employe
					 responsibility), paragraphs 3b through 3d of Management Directive 205.6
					 (relating to defense of suits against Commonwealth employes), Management
					 Directive 630.2 (relating to reporting of employe liability claims) and this
					 subchapter.
(1)
Cases involving
					 allegations or the possibility of bad faith, malicious conduct or conduct
					 otherwise outside the scope of employment.
(i) Subject to §
													39.14 (relating to independent
					 agencies) in cases which might not be fully covered by the Commonwealth's Tort
					 Liability Program, including the Automobile Liability Self-Insurance Program
					 (ALSIP), or the Employes' Liability Self-Insurance Program (ELSIP) (for
					 example-cases in which a member's, official's or employe's conduct giving rise
					 to the cause of action is alleged to have been in bad faith, malicious or
					 otherwise outside the good faith exercise of his duties or employment), the
					 member's, official's or employe's agency is required to report the civil suit
					 immediately to Office of General Counsel (OGC) as follows:
(A) The agency report to OGC shall include a
					 detailed description of the circumstances known to the agency concerning the
					 case.
(B) The agency's report shall
					 be delivered through the agency's chief counsel and directed to the deputy
					 general counsel assigned as liaison to the agency involved or, if none, to the
					 deputy general counsel designated for those purposes.
(C) The chief counsel of the agency shall
					 include with the report his recommendations regarding whether legal
					 representation should be provided by the Commonwealth and advise whether a
					 Commonwealth attorney has already undertaken the defense.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter B - STATEMENT OF POLICY OF OFFICE OF GENERAL COUNSEL REGARDING DEFENSE OF SUITS › Section 39.14 - Independent agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose and scope
.
(1) Under
					 sections 216 and 709(f) of The Administrative Code of 1929 (71 P. S. §
													§
													76 and
					 249(f)), the Executive Board
					 has authority to make rules and regulations defining the expenses incurred in
					 the performance of public duties for which officers and employes of the
					 executive branch of State Government may be reimbursed. Under that authority,
					 Subchapter A (relating to defense of suits against Commonwealth employes)
					 defines those expenses relating to the defense of personal criminal and civil
					 actions asserted against Commonwealth officials and employes of an executive
					 branch agency of the Commonwealth government which might be paid by the
					 Commonwealth from any source.
(2)
					 Under Subchapter A, the General Counsel or a designee is required to determine,
					 except in the cases involving officials and employes of the Office of Attorney
					 General, the Department of Auditor General and the Treasury Department,
					 whether, in each individual case, a Commonwealth official or employe is
					 entitled to receive the benefits prescribed in that subchapter.
(3) This section is adopted to harmonize the
					 requirements of Subchapter A with the Commonwealth Attorneys Act (71 P. S. §
													§
													732-101-732-506) and other statutes
					 establishing the independence of certain agencies from the General Counsel and
					 the fiscal independence of certain executive branch agencies from the
					 Governor.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter D - SECRETARY OF EXECUTIVE BOARD › Section 39.31 - Secretary of Executive Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of Administration is designated Secretary
						of the Executive Board and is to provide the necessary staff support to review,
						analyze, recommend actions and coordinate the origination, processing and
						control of Executive Board matters.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.91 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to establish rules for
						the use of State automobiles by State officers and employes.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.92 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
State officers and employes, except those in the
						Department of Auditor General and the Treasury Department, are subject to the
						provisions contained in this subchapter as to the use of State
						automobiles.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.93 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 of General Services (Department) may assign to any department, board, or
					 commission such automobiles as may be required by it for full-time daily use,
					 and such automobiles shall be operated by employes of such departments, boards,
					 or commissions.
(b) The Department
					 shall maintain a sufficient number of automobiles not assigned to departments,
					 boards, or commissions to meet the requirements of departments, boards, or
					 commissions which do not require the full-time daily use of
					 automobiles.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.94 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings:
Agency
-The Governor; an administrative
						department, board or commission; an officer; departmental administrative board
						or commission; an authority; or another agency of the Commonwealth subject to
						The Administrative Code of 1929 (71 P. S. §
												§
												51-732), now in existence or hereafter
						created.
Personal automobile
-A passenger car,
						station wagon, van or any motorized vehicle used by an individual as a private
						conveyance.
State automobile
-An automobile or
						station wagon maintained by the Department of General Services to satisfy the
						needs of agencies.
State employe
-An officer other than a
						State officer, or an employe of the Governor's Office or of any administrative
						department, board, commission, authority, or other agency subject to The
						Administrative Code of 1929 (71 P. S. §
												§
												51-732).
State officer
-embers of the Executive
						Department, consisting of the Governor, Lieutenant Governor, Secretary of the
						Commonwealth, Attorney General, and Secretary of Education; heads of
						administrative departments; and chairpersons and members of administrative
						boards and commissions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.95 - Operation of State automobiles

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 State automobiles shall be operated only by properly licensed and responsible
					 State employes or officers. They shall be operated at all times in accordance
					 with the provisions of the Vehicle Code or other applicable regulations, laws
					 and ordinances. State automobiles shall be operated only for the conduct of
					 Commonwealth business. A State automobile may be driven between a duty location
					 and the operator's residence only if such action is appropriate and approved by
					 the Secretary of General Services except as otherwise provided for in this
					 subchapter.
(b) An operator of a
					 State automobile must abide by the procedures promulgated by the Department of
					 General Services for purchasing fuel and other services, for maintaining and
					 repairing State automobiles, and for fulfilling reporting
					 requirements.
(c) Operators of
					 State automobiles may be held pecuniarily liable for costs of operation and
					 repairs to or replacement of an automobile when it is determined that the
					 automobile was used for other than official business or has been physically
					 abused by the operator. Such a determination shall be made by the Secretary of
					 General Services.
(d) An operator's
					 personal equipment shall not be installed in a State automobile.
(e) State automobiles shall not be operated
					 outside of this Commonwealth to a point beyond 300 miles from place of origin,
					 official headquarters, or residence unless authorized in advance by the head of
					 the agency to which the automobile was assigned.
(f) Operators of State automobiles shall be
					 responsible for the immediate payment of all parking and traffic
					 violations.
(g) The Pennsylvania
					 State Police are authorized and encouraged to report to the Secretary of
					 General Services the license numbers of State automobiles observed in use on
					 weekends, holidays, and before and after normal working hours. They are further
					 authorized to stop probable violators and question their authority to operate
					 at such time. Unlawful operation will result in the operator's classification
					 as irresponsible and may result in the forfeiture of any future rights to
					 operate State automobiles. The sanction of forfeiture may be avoided by a
					 showing of good cause to the Secretary of General Services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.96 - Use of personal automobiles

Current through Register Vol. 54, No. 28, July 13, 2024
The use of personal automobiles shall be governed by
						issuances of the Directives Management System. Section 2407 of The
						Administrative Code of 1929 (71 P. S. §
												637) permits reimbursement to a State officer
						or employe for the use of his own automobile on Commonwealth business.
						Reimbursement is made in accordance with Chapter 40 (relating to travel and
						subsistence).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.97 - Insurance coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commonwealth provides excess liability insurance coverage for employes who use
					 their personal vehicles for travel in the conduct of official Commonwealth
					 business. Excess means that any other valid and collectible insurance will be
					 primary. The coverage provided by the Commonwealth will be considered primary
					 if no other valid and collectible insurance was in effect. Excess liability
					 coverage is provided through the Employe Liability Self-Insurance Fund
					 administered by the Bureau of Risk and Insurance Management, Department of
					 General Services, and is limited to the coverage required on a per person-per
					 occurrence basis as defined in the Pennsylvania No-fault Motor Vehicle
					 Insurance Act (40 P. S. §
												§
												1009.101-1009.701) (Repealed).
(b) Employes using or anticipating the use of
					 their personal automobiles on Commonwealth business are advised that they
					 should notify the underwriter providing liability coverage of such use or
					 anticipated use. They shall:
(1) Certify as to
					 insurance coverage on Form OA-191, Travel Expense Voucher, when seeking
					 reimbursement for use of personal automobiles.
(2) Report accidents involving personal
					 automobiles while on Commonwealth business to their insurance underwriter and
					 the Bureau of Risk Management, Department of General Services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.98 - Permanent assignments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) State
					 officers, cabinet officers, deputy secretaries of administrative departments
					 and members of the Governor's staff of equivalent rank may retain assigned
					 automobiles in their possession at all times. Proper judgment must be exercised
					 in the use of these automobiles.
(b) State employes subject to call or certain
					 types of duties which require constant access to a State automobile may, upon
					 personal request of their agency head and approval of the Secretary of General
					 Services, retain an assigned automobile. The scope of proper use of such
					 automobiles shall be defined by the Secretary of General Services.
This section cited in 4 Pa. Code §
													73.6 (relating to permanent
						  assignment of Commonwealth motor vehicles); 4 Pa. Code §
													73.8 (relating to operation of
						  Commonwealth motor vehicles); and 4 Pa. Code § 73.12 (relating to
						  reporting).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 39 - ENTITLEMENTS FOR COMMONWEALTH EMPLOYES › Subchapter J - USE OF STATE AUTOMOBILES › Section 39.99 - Powers of the Secretary of General Services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In times of emergency, the Secretary of
					 General Services may temporarily waive such parts of this subchapter as are
					 necessary to properly respond to the emergency.
(b) Where authority has been granted in this
					 subchapter, the Secretary of General Services may clarify these rules through
					 the Directives Management System.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 40 - TRAVEL AND SUBSISTENCE › Section 40.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes policies and defines reimbursable
					 expenses of Commonwealth officers and employes subject to section 216 of The
					 Administrative Code of 1929 (71 P.S. §
											76).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 40 - TRAVEL AND SUBSISTENCE › Section 40.3 - General policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Officers
				  and employes shall be entitled to receive reimbursement for out-of-pocket
				  expenses incurred in the performance of their duties within maximums prescribed
				  under this chapter.
(b) Maximums
				  established under this chapter are not flat allowances and only amounts
				  actually expended may be claimed.
(c) The Offices of Administration and the
				  Budget will issue, through the Directives Managements System, guidelines,
				  administrative procedures, documentation requirements, and maximum amounts of
				  reimbursement for travel and subsistence expenses of officers and employes
				  under the Governor's jurisdiction. Other agencies subject to section 216 of The
				  Administrative Code (71 P.S. §
											76) but not
				  under the Governor's jurisdiction will also adopt guidelines, administrative
				  procedures, documentation requirements, and maximum amounts of reimbursement
				  for their officers and employes. Guidelines, administrative procedures,
				  documentation requirements, and maximum amounts of reimbursement shall be
				  submitted to the Executive Board and shall become effective upon Executive
				  Board approval. In the absence of approved guidelines, the current issuance of
				  the Directives Management System pertaining to travel and subsistence shall
				  apply to officers and employes subject to this chapter.
(d) Officers and employes shall not be
				  eligible for reimbursement of meals or lodging when furnished by the
				  Commonwealth without charge or when furnished by friends or
				  relatives.
(e) Officers and
				  employes traveling on official business are expected to exercise the same care
				  in incurring expenses that a prudent person would exercise if traveling on
				  personal business. Officers and employes are liable for the repayment of
				  expenditures disallowed by the agency comptroller's office.
(f) Persons who incur expenses while
				  traveling on official Commonwealth business are to be reimbursed under this
				  chapter and guidelines established under this chapter. To preclude the
				  possibility of financial benefit, expense reimbursements received from another
				  source, such as the Federal government, a private business, an individual, or
				  other party shall be remitted to the agency comptroller's office immediately
				  upon receipt. Checks received may not be cashed, but must be endorsed to the
				  order of the Commonwealth of Pennsylvania.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 40 - TRAVEL AND SUBSISTENCE › Section 40.13 - Categories of reimbursable expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to limitations or conditions which may be imposed
					 from time to time under this chapter, the following categories of expenses are
					 reimbursable:
(1) All modes of
				  transportation are authorized consistent with and appropriate to the
				  requirements of an assignment and the efficient and economic conduct of
				  official business. All travel shall be by the most direct and expeditious route
				  considering both travel time and distance.
(2) Expenses for lodging will not be allowed
				  at the place of an officer's or employe's headquarters or residence, nor at
				  sites located within a reasonable commuting distance of headquarters or
				  residence.
(3) Expenses for
				  subsistence are reimbursable in amounts and subject to limitations as may be
				  established under this chapter.
(4)
				  Conference and convention registration fees, moving expenses required as a
				  condition of continued Commonwealth employment, telephone and telegraph,
				  registered or certified mail, money order charges incurred in the course of
				  official business, expenses incurred by Commonwealth officers and employes in
				  the course of their official duties on behalf of others, and other
				  miscellaneous expenses as may be established under this chapter shall also be
				  reimbursable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part II - EXECUTIVE BOARD › Subpart D - EXECUTIVE BOARD REGULATIONS › Chapter 40 - TRAVEL AND SUBSISTENCE › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
(
Editor's Note:
1 Pa. Code §
										3.13(b)  (relating
					 to contents of Bulletin) gives the Legislative Reference Bureau discretion to
					 exclude from publication in the Pennsylvania Bulletin classes of documents
					 which are voluminous and applicable only to Commonwealth property or contracts
					 or agency organization, management or personnel. Section
					 3.13(c)  requires
					 the Bureau to publish and codify a summary table of documents filed under
					 § 3.13(b).)
(1) Administrative Circular No. 92-24, Dated July 10, 1992.
					 Commonwealth Corporate Card Program.
(2) Administrative Circular No. 92-27, Dated July 27, 1992.
					 Matters Requiring Executive Board Approval.
(3) Administrative Circular No. 92-29, Dated July 31, 1992.
					 Commonwealth Travel Center.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
						have the following meanings, unless the context clearly indicates
						otherwise:
Bureau
-The Bureau of Buildings and
						Grounds of the Department.
Department
-The Department of General
						Services of the Commonwealth.
Division
-The Surplus State Property
						Division of the Department.
Secretary
-The Secretary of the
						Department.
Surplus State property
-A term used as a
						substitute for the terms "unserviceable personal property" and "unserviceable
						property" as defined in sections 510 and 2405 of The Administrative Code of
						1929 (71 P. S. §
												§
												190
						and 635). The term includes only
						articles previously purchased by the Commonwealth or an agency of the
						Commonwealth, and paid for out of funds of the Commonwealth. Not included are
						products manufactured, grown or raised by a department, board or commission, or
						by the inmates or patients of a Commonwealth institution, or minerals, oil, gas
						or other materials taken from any property of the
						Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart establishes procedures, defines
						responsibilities, and provides specific guidance for the reporting, release,
						receipt, storage and transfer or sale of surplus State
						property.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subpart is
					 specifically directed to employes of the Division, but this subpart also
					 applies to persons involved in the control and accountability of Commonwealth
					 property.
(b) This subpart applies
					 to surplus State property transactions, regardless of their origin or
					 location.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.4 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Names of
					 persons authorized to accept and direct transfer of surplus State property
					 shall be filed with the Division.
(b) Program directors are responsible for
					 delegation of this responsibility and authority.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.5 - Reporting of surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Surplus State property generated within the departments, boards or commissions
					 throughout this Commonwealth shall be reported to the Division on Office of
					 Administration Form 551, Surplus State Property Reports. The releasing official
					 or agency will identify any compounds, mixture, element, material, equipment or
					 component which, because of its nature, is dangerous to manufacture, process,
					 store, handle or consume by printing the words HAZARDOUS MATERIAL in bold print
					 on releasing reports and identification tags associated with the property
					 transaction. If deemed necessary or appropriate, special handling instructions
					 will be attached to the report releasing the property and the identification
					 tag affixed to the hazardous item.
(b) A separate report shall be submitted for
					 each item or each lot of identical items.
(c) Each item except bulk stock, metal
					 extrusions or scrap metal, shall be tagged with an Office of Administration
					 Form 552, Surplus State Property Identification Tag.
(d) Items which are not properly tagged will
					 not be accepted, picked up or moved by the Division.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.6 - Changes to established procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Recommended changes to this subpart, including supporting
						reasons for the changes, shall be forwarded through proper administrative
						channels to the Division of the Department.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › GENERAL › Section 41.7 - Supply of forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Office of
					 Administration Forms prescribed in this subpart shall be available from the
					 Warehouse Division, Bureau of Management Services, Department of General
					 Services, Post Office Box 1365, Harrisburg, Pennsylvania 17125.
(b) Other forms shall be procured by the
					 appropriate agency.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.11 - General procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 receipt of an Office of Administration Form 551, Surplus State Property Report,
					 the Division shall perform the following:
(1)
					 Schedule items reported as surplus for inspection and verification.
(2) Determine the disposition of the property
					 and perform the necessary administration under this subpart.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.12 - Inspection of surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Division shall, insofar as practical, inspect all materials declared as
					 surplus within this Commonwealth prior to acceptance and further disposition of
					 the material.
(b) Inspection should
					 include, but not necessarily be limited to, the following:
(1) Verification of items reported on Office
					 of Administration Form 551, Surplus State Property Reports.
(2) Verification that Office of
					 Administration Form 552, Surplus State Property Identification Tags, are
					 affixed to each item, when feasible.
(3) Removal of nonrelated and superfluous
					 materials and supplies from surplus items.
(4) Determination of whether surplus items
					 will be moved to the city of Harrisburg for transfer or sale.
(5) Determination of whether the surplus
					 items require special attention or handling.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.13 - Responsibility for surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Division shall be responsible for
					 surplus State property scheduled for movement to the warehouse in the city of
					 Harrisburg from the time it is receipted and picked up at the point of origin,
					 until it is transferred or sold.
(b) The Division will effect movement of
					 surplus State property selected for transfer to the warehouse in the city of
					 Harrisburg by utilization of employes of the Division, contract with
					 Correctional Industries, or by Work Request to the Bureau.
(c) Items not scheduled for movement to the
					 warehouse in the city of Harrisburg may not be receipted by the Division and
					 shall remain the direct and prime responsibility of the releasing agent, until
					 a property transfer or sale has been consummated.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.14 - Receipting surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Surplus State property agents shall receipt surplus property scheduled for
					 movement to the warehouse in the city of Harrisburg by affixing the date and
					 their signature to the tear-off receipt stub of the Office of Administration
					 Form 552, Surplus State Property Identification Tag.
(b) The receipt shall be delivered to the
					 appropriate representative of the releasing agency.
(c) When the services of either Correctional
					 Industries or the Bureau, are utilized to effect movement of surplus State
					 property, the procedure set forth in subsection (d) shall be used.
(d) Copy No. 2 of the Surplus State Property
					 Report, Office of Administration Form 551, stamped or preprinted with
					 sufficient data to satisfy requirements for a Temporary Receipt, will be
					 furnished to the "service" employed to move the property to the warehouse. An
					 employe or other representative from the service effecting the movement of the
					 property released as surplus, execute the temporary receipt stamped or printed
					 on Copy No. 2 of the Surplus State Property Report, and deliver it to the
					 releasing agent prior to movement of the property. The receipt portion of the
					 Surplus State Property Identification Tag, Office of Administration Form 552,
					 shall not be removed until the property is received by an employe of the
					 Surplus State Property Warehouse.
(e) When the temporary receipt procedure has
					 been utilized it shall be the responsibility of the Division, immediately upon
					 receipt of surplus property at the warehouse, to execute the receipt portion of
					 the Surplus State Property Identification Tag, Office of Administration Form
					 552, and return it through regular distribution or mail channels to the
					 property control officer or agent of the agency releasing the
					 property.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.15 - Receiving and classification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 receiving phase of a surplus property transaction shall relate to the physical
					 arrival of the property at the warehouse.
(b) Within a reasonable period of time after
					 the surplus property has been unloaded from the transporting vehicle, the
					 property shall be evaluated and classified as to its condition and proposed
					 disposition.
(c) A sale price shall
					 be established for those items determined to be surplus to Commonwealth
					 needs.
(d) If surplus property is
					 determined to be of no value then it shall be condemned in accordance with
					 Chapter 47 (relating to condemnation of surplus State property).
(e) The reverse side of Office of
					 Administration Form 552, Surplus State Property Identification Tag, shall be
					 used to post the condition and disposition status and the suggested sale price,
					 if applicable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.16 - Inventory of surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 An inventory shall be maintained of surplus State property located in the
					 warehouse.
(b) Inventory balances
					 shall be verified annually on schedules established by the Chief of the
					 Division.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › FUNCTIONS OF THE DIVISION › Section 41.17 - Review of surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
Surplus State property may not be sold until it has been
						reviewed by interested Commonwealth agencies in accordance with Chapter 43
						(relating to transfer of surplus State property).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › SCREENING OF SURPLUS PROPERTY BY THE BUREAU › Section 41.21 - Priority over surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Bureau shall be offered equipment and building materials which may be of
					 value in the maintenance and repair of Commonwealth-owned buildings, prior to
					 being released for transfer or sale.
(b) The Bureau will furnish the Division with
					 a detailed list of equipment and materials which the Bureau desires to
					 screen.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 41 - PRELIMINARY PROVISIONS › SCREENING OF SURPLUS PROPERTY BY THE BUREAU › Section 41.22 - Transfer to Bureau

Current through Register Vol. 54, No. 28, July 13, 2024
Equipment and materials selected for transfer to the
						Bureau shall be processed in accordance with Chapter 43 (relating to transfer
						of surplus State property).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 43 - TRANSFER OF SURPLUS STATE PROPERTY › Section 43.1 - Inspection by interested Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surplus State property generated or
				  accumulated in the city of Harrisburg shall be held at the warehouse for review
				  by interested Commonwealth agencies for a period of time not to exceed 5
				  working days. Property which has not been selected for transfer during this
				  holding period shall be released for private sale or public auction.
(b) Surplus State property generated or
				  accumulated outside of the city of Harrisburg or the local area shall be held
				  at the place of origin for review and screening by interested Commonwealth
				  agencies for a period not to exceed 10 working days. Property which has not
				  been selected for transfer during this period shall be either:
(1) Moved to the Division warehouse in the
				  city of Harrisburg for further processing.
(2) Sold in place through private sale or
				  public auction.
(3) Condemned and
				  demolished or destroyed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 43 - TRANSFER OF SURPLUS STATE PROPERTY › Section 43.2 - Handling and transportation of selected property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The receiving agency shall be responsible
				  for the handling and transportation of property selected for
				  transfer.
(b) The Division
				  warehouse employes shall assist in the transfer whenever possible or
				  practical.
(c) Recipients shall
				  submit Office of Administration Form 560, Work Request, to the Bureau for the
				  movement of property from the warehouse.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 43 - TRANSFER OF SURPLUS STATE PROPERTY › Section 43.3 - Procedure for transfer of surplus property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon items being selected for transfer,
				  the warehouse section shall proceed in the following manner:
(1) Mark the item selected for transfer with
				  a Shipping Tag, Manila, 5 1/2 inches by 2 5/8 inches, Size 16, Commodity Code
				  Number 0310-0300-030. Information posted to the tag shall include: recipient,
				  Surplus State Property Identification Tag Number, date and signature of the
				  warehouse representative.
(2)
				  Remove the Surplus State Property Identification Tag, Office of Administration
				  Form 552. Post transfer information on the tag and have it signed by the
				  representative of the receiving activity.
(3) List all items selected for transfer on
				  Property Transfer/Sale Slip, PSPD Form 20. The representative of the receiving
				  activity shall sign all copies of the transfer slips. The warehouse shall
				  retain Copies No. 1 and No. 2. Copy No. 3, Property Pass, shall be returned to
				  the agency representative. Copy No. 4 shall be mailed to the institution
				  Property Officer.
(4) Inform the
				  representative of the receiving agency that the handling and transportation of
				  the property shall be their responsibility.
(5) Affix Surplus State Property
				  Identification Tags, Office of Administration Forms 552, from property which
				  has been transferred to Copy No. 1 of the Property Transfer/Sale Slip. Forward
				  Copies No. 1 and No. 2 of the Property Transfer/Sale Slip and related Surplus
				  State Property Identification Tags to the office section of the
				  Division.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 43 - TRANSFER OF SURPLUS STATE PROPERTY › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
(
Editor's Note:
1 Pa. Code §
										3.13(b)  (relating
					 to contents of Bulletin) gives the Legislative Reference Bureau discretion to
					 exclude from publication in the Pennsylvania Bulletin classes of documents
					 which are voluminous and applicable only to Commonwealth property or contracts
					 or agency organization, management or personnel. Section
					 3.13(c)  requires
					 the Bureau to publish and codify a summary table of documents filed under
					 § 3.13(b).)
(1) Administrative Circular No. 92-26, Dated July 27, 1992.
					 Filing of Names With State Surplus Property Division, Department of General
					 Services.
(2) Administrative Circular No. 92-34, Dated August 24,
					 1992. Availability of State Surplus Real Property for Transfer to Commonwealth
					 Agencies-Delaware County.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › GENERAL PROVISIONS › Section 45.1 - Authority to sell surplus or unserviceable property

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is authorized to sell, either at public
						auction or private sale, those items of surplus or unserviceable furniture and
						equipment which are no longer of use to a department, board or commission of
						the Commonwealth and which have not been transferred under Chapter 43 (relating
						to transfer of surplus State property).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › GENERAL PROVISIONS › Section 45.2 - Division to conduct sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Sales of surplus State property, regardless of property location, shall be
					 conducted by employes of the Division and in accordance with this chapter and
					 the best interests of the Commonwealth.
(b) The Division shall determine the type of
					 sale to be utilized for individual or group sales transactions.
(c) Sales, except in cases of perishable
					 property, shall be advertised in accordance with section 2405 of The
					 Administrative Code of 1929 (71 P. S. §
												635). Sales may be advertised when the
					 Division deems the advertising is in the best interests of the Commonwealth in
					 view of the value of the property involved.
(d) Surplus State property shall be sold in
					 the condition in which it is received by the Division, and all sales shall be
					 "as is."
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › GENERAL PROVISIONS › Section 45.3 - Removal of property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department and the Commonwealth will not be responsible for damage to property
					 that has been sold.
(b) Surplus
					 State property which has been sold shall be removed from Commonwealth premises
					 immediately or within the time period specified by the Division or other proper
					 authority.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Private sales of surplus State property shall be accomplished by securing
					 competitive bids, by negotiation or by a predetermined fixed price. The office
					 section of the Division shall have the sole responsibility for the
					 administration of sales conducted on a competitive bid basis.
(b) Value and volume of particular items of
					 surplus property shall be given prime consideration in the selection of the
					 type of sale to be effected.
(c)
					 The Commonwealth shall reserve the right to reject all bids.
(d) Care shall be taken to insure that,
					 insofar as possible, administrative costs do not exceed the gross dollar return
					 for the sale.
(e) Surplus State
					 property sales shall be taxable transactions.
(f) Warehouse and field employes shall assist
					 as required and directed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.12 - General procedures for sales

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property, the
						warehouse or field section employes shall proceed in the following
						manner:
(1) Mark the items that have
					 been sold with a Shipping Tag, Manila, 5 1/2 inches by 2 5/8 inches, Size 16,
					 Commodity Code Number 0310-0300-030. Information posted to the tag shall
					 include: purchaser's name, Surplus State Property Identification Tag Number,
					 date of sale, and signature of the warehouse or field representative. The word
					 "Sold" and other identification requirements shall be hand stamped on blank
					 tags.
(2) Remove the Surplus State
					 Property Identification Tag, Office of Administration Form 552. Write the word
					 "Sold," the date, and actual sale price immediately above the suggested sale
					 price block on the form. The Division employe conducting the sale shall sign
					 the identification tag in the right margin to verify the sale.
(3) List all items that have been purchased
					 by an individual on Property Transfer/Sale Slips, PSPD Forms. Direct the
					 purchaser to sign and date all copies of the "Sales" slip.
(4) Individuals purchasing surplus State
					 property shall be advised that the property must be removed from the premises
					 immediately, or within the time specified by the Chief of the Division;
					 otherwise, the property shall be considered abandoned and reentered on the
					 inventory for further disposition. If purchaser has been granted additional
					 time to remove the property, the date of the last day prior to abandonment
					 action shall be entered on all copies of the Property Transfer/Sale Slip, PSPD
					 Form 20 or PSSP Form 80. The purchaser shall initial the posted date to
					 indicate that he is aware of the time limit. Further, the purchaser shall be
					 advised that moneys paid for property and subsequently abandoned will be
					 forfeited as liquidated damages.