Pennsylvania Act 1911-304 — INSTITUTIONS, APPROPRIATIONS TO

Act text

INSTITUTIONS, APPROPRIATIONS TO
                  Act of Jun. 9, 1911, P.L. 736, No. 304              Cl. 72
                                  AN ACT

     Making appropriations to institutions not wholly managed by the
        Commonwealth of Pennsylvania liens on the premises of such
        institutions, for the use of the Commonwealth, and providing
        for the collection thereof.

        Section 1.  Be it enacted, &c., That all appropriations of
     money hereafter made by this Commonwealth to any benevolent,
     charitable, philanthropic, educational or eleemosynary
     institution, corporation, or unincorporated association, not
     wholly supported by this Commonwealth, and not under the
     exclusive control and management of this Commonwealth, for
     structures, erections, or other permanent improvements of any
     kind, shall be a lien as hereinafter set forth on the real
     estate upon which such structure, erection, or other permanent
     improvement is to be made.
        Section 2.  It shall be the duty of such institution,
     corporation, or unincorporated association, if it accept such
     appropriation, within sixty days after such appropriation is
     approved by the Governor, to transmit to the Auditor General of
     this Commonwealth a full and complete description of the real
     estate, and location thereof, upon which such erection,
     structure, or other permanent improvement is to be erected,
     constructed, or made.
        Section 3.  It shall be the duty of said institution,
     corporation, or unincorporated association, within sixty days
     after the approval of such appropriation by the Governor, to
     notify, in writing, the State Treasurer that it has decided to
     accept such appropriations, and if it fail so to do it shall be
     conclusively presumed to have declined the same.
        Section 4.  Upon the receipt by the State Treasurer of such
     notice of acceptance, he shall forthwith file a copy thereof
     with the Auditor General of the Commonwealth; and the Auditor
     General shall forthwith transmit to the prothonotary of the
     respective county in which aforesaid real estate may be situate
     his certificate, setting forth the amount of such appropriation,
     the location and full description of said real estate, the fact
     of such acceptance of said appropriation, and the date of
     approval thereof by the Governor.
        Section 5.  Upon receipt of such certificate by said
     prothonotary he shall forthwith enter a note of such
     certificate, in a docket provided and maintained by him for such
     purpose, at the expense of the respective county, to be known
     and marked as the "State Appropriation Docket," wherein the
     Commonwealth shall appear as plaintiff, and the respective
     institution, corporation, or unincorporated association as
     defendant; such notation to contain the locality and brief
     description of said real estate, amount of said appropriation,
     and date of approval thereof by the Governor, and date of the
     making of said notation; and shall file and keep said
     certificate as other records are filed and kept. He shall also
     prepare and maintain proper indices of said dockets, at the
     expense of the respective county aforesaid, giving the name of
     the said institution, corporation, or unincorporated
     association, amount of said appropriation, and date of entry of
     said notation in said docket, and the number of the volume and
     page thereof.
        Section 6.  Such appropriation shall be a non-interest
     bearing lien on said real estate for the term of twenty years
     from the date of such entry of said certificate in said docket,
     and, in case of public or private sale of such real estate
     during that term, shall be paid out of the proceeds thereof
     before any subsequent lien, mortgage, encumbrance, or other
     charge.
        (6 amended Aug. 24, 1963, P.L.1196, No.502)
        Section 7.  All such institutions, corporations, or
     unincorporated associations shall have the right to pay the
     amount of said liens to the State Treasurer, at any time, in
     full or in partial payments; and it shall be the duty of the
     State Treasurer to accept the same, and to forthwith transmit to
     the prothonotary of the respective county aforesaid his
     certificate, that he has received said payment or payments, and
     the date of receiving same; which certificate or certificates
     shall be forthwith filed and kept by said prothonotary with the
     other records in the case, and a notation thereof, setting forth
     the respective dates and amounts of such payments, shall be made
     by him on said dockets and indices, in the proper place; and
     when it appears that the full amount of said appropriation has
     been repaid as aforesaid to the State Treasurer, said
     prothonotary shall mark said lien as satisfied in full upon said
     dockets and indices, at the proper place. The aforesaid
     defendants shall pay said prothonotary the sum of five dollars
     for satisfaction of said liens, and the sum of fifty cents for
     each partial payment credited as aforesaid; to be taxed as
     costs, and collected when said lien is satisfied as aforesaid.
        Section 7.1.  If the institution, corporation or
     unincorporated association is a hospital or museum and shall
     utilize said real estate and erections, constructions and other
     permanent improvements aforesaid for the purpose for which the
     appropriation was made for the term of twenty years from the
     date of entry of said certificate in said docket and shall so
     certify to the prothonotary upon affidavit of the chief officer
     of said hospital or museum, the prothonotary shall mark said
     lien as satisfied in full upon said docket and indices. The
     hospital or museum shall pay the prothonotary the sum of five
     dollars for satisfactions of said lien. A copy of said
     certification shall be transmitted to the State Treasurer by
     such hospital or museum.
        The provisions of this section shall apply to all such liens
     heretofore or hereafter created, whether under authority of the
     act herein amended or under the authority of any act making a
     specific appropriation to any such institution.
        (7.1 amended June 11, 1965, P.L.127, No.88)
        Section 7.2.  A grant of State funds hereinbefore and
     hereafter made to a nonprofit, nonsectarian corporation for
     establishment of a mental health diagnostic and treatment center
     shall not be a lien on the real estate of such corporation and
     any liens heretofore created on account of grants for such
     centers may be satisfied in the manner provided in section 7.1
     of this act, whether or not the term of twenty years has
     expired.
        (7.2 amended Aug. 12, 1969, P.L.230, No.93)
        Section 8.  Should, at any time before said lien is paid in
     full and satisfied as aforesaid, the said institution,
     corporation, or unincorporated association fail to utilize said
     real estate, and erections, constructions, and other permanent
     improvements aforesaid, for the purpose for which said
     appropriations were made, the Commonwealth, at the relation of
     the Attorney General, shall have the right to sell said real
     estate, erections, constructions, and other improvements
     aforesaid in the same manner and with the same effect as lands
     sold on mortgages.
        (8 repealed in part Apr. 28, 1978, P.L.202, No.53)
        Section 9.  In cases where real estate owned by institutions,
     corporations, or unincorporated associations, which have
     received appropriations of money made by the Commonwealth for
     the structures, erections, or permanent improvements of any
     kind, and for which the Commonwealth shall have a lien as herein
     provided, or as provided by any other act of Assembly, shall be
     sold or taken by eminent domain, and other property of equal or
     greater value be acquired by such institutions, corporations, or
     unincorporated associations, the Auditor General shall, upon the
     entry of a lien upon such acquired property in favor of the
     Commonwealth for an amount equal to that theretofore existing,
     release the real estate from the lien to which it was
     theretofore subject.
        In cases where any such structures, erections, or
     improvements, are destroyed or damaged by fire or other
     casualty, against which insurance is carried by the institution,
     corporation, or unincorporated association, the proceeds of such
     insurance, if carried for the benefit of the Commonwealth to
     protect its lien, may, with the consent of the Department of
     Welfare, be expended for the rebuilding and reequipping, or the
     repair, as the case may be, of the property covered by the lien
     of the Commonwealth, or of any part thereof. Any such insurance
     proceeds made payable to the Commonwealth are hereby
     appropriated to the Department of Welfare for such purposes. In
     all such cases the original lien shall continue and shall attach
     to the new construction, equipment or repairs.
        (9 amended Mar. 8, 1943, P.L.15, No.5)
        Section 10.  The provisions of the act shall not apply to
     appropriations made to land grant colleges of Pennsylvania, as
     defined by the Act of Congress, approved the second day of July,
     one thousand eight hundred sixty-two (12 Statute 503) granting
     public land to the several states for educational purposes, and
     subsequent Acts of Congress related thereto, in order further to
     carry into effect the act of the legislature of Pennsylvania,
     approved the first day of April, one thousand eight hundred
     sixty-three (Pamphlet Laws 213) and subsequent acts of the
     legislature of Pennsylvania, accepting the provisions and
     conditions of said Acts of Congress and pledging the faith of
     the State to carry the same into effect.
        (10 added May 11, 1949, P.L.1126, No.335)