OFFICIAL OPINION No. 11

OFFICIAL OPINION No. 11 Appropriations-Act 146-A approved June 1, 1956-95-A approved July 19, 1957-· Eastern Pennsylvania Psychiatric Institute-Moneys collected from employees for meals 8erved in Institute's Cafeteria. All moneys collected from employees of the Eastern Pennsylvania Psychiatric Institute for meals served in the Institute's Cafeteria during the biennium begin- ning June 1, 1955, are to be paid into the General Fund and made available to the •Ibid. •We do not pass upon the problem presented where, after approval by the electorate and either before or after effectuation, the plan is partially or wholly voided by statute or court decision. It is doubtful whether the Council would have reason to reconsider on its own initiative since, practically speaking, nothing would be before it. Probably, the county board would have to initiate a new plan for consideration. 7 By the phrase "all or part of such plan" we refer to the ineffectiveness of a merger as to school districts wherein a majority of the electors have not assented to the merger. 72 OPINIONS OF THE ATTORNEY GENERAL Institute, as an appropriation, and all such moneys collected during the biennium beginning June 1, 1957, are similarly to be paid into the General Fund; and the exact amount by which the collections, including the moneys collected from the employees, exceed the amount of $23,611, is to be made available to the Institute, as an appropriation. Harrisburg, Pa., September 20, 1957. Honorable Harry Shapiro, Secretary of Welfare, Harrisburg, Penn- sylvania. Sir: You have requested an opinion as to what disposition should be made of moneys collected from employees of the Eastern Penn- sylvania Psychiatric Institute for meals served to them in the In- stitute's cafeteria. The Act of June 1, 1956, Act No. 146-A, the General Appropriation Act for the Department of Welfare for the tw-0 years beginning June 1, 1955, provides in § 1 that: "The following sums, or as much thereof as may be neces- sary, are hereby specifically appropriated* * *to the Depart- ment of Welfare * * *." Following a list of purposes and an appropriation of $143,550,000.00 for these purposes, the act provides: "* * • In addition to this sum, all moneys received from the United States government or from political subdivisions or from any other source as contributions, towards any pro- gram authorized by this act, or in payment for services and facilities furnished under any program authorized by this act, shall be paid into the General Fund and credited to the proper allocation within this appropriation." The very broad language above makes it clear that where the In- stitute follows the administrative practice of charging employees for meals the money received falls within the meaning of the words "all moneys received from * * * any other source as * * * payment for services and facilities * * " under any program authorized by this act." With this established, it is equally clear that all such money received during the biennium beginning June 1, 1955, should be paid into the General Fund and credited to the Institute. Act No. 95-A, approved July 19, 1957, the General Appropriation Act of 1957, appropriates the sum of $4,383,961.00 to the Eastern Pennsylvania Psychiatric Institute for the period of two years begin- ning June 1, 1957. Thereafter, it is provided that: OPINIONS OF THE ATTORNEY GENERAL "And in addition to the above amounts all income and all moneys collected at the several mental hospitals and paid into the general fund of the State Treasury under existing laws in excess of the amounts estimated by the Department of Revenue to be collected are hereby appropriated out of the general fund to the several mental hospitals for the same pur- pose each hospital to receive from such appropriation the exact amount by which the collections at said hospital during the said fiscal years exceed the following amount * * * * * * "Eastern Pennsylvania Psychiatric Institute . . . . $23,611" 73 As in the case of Act No. 146-A, the moneys collected in the cafeteria from employees are to be paid into the General Fund under Act No. 95-A. The sole difference is that under the 1957 act the institution is credited with not all such collections but rather with the surplus of all collections of any description (including those in question) over the statutory amount of $23,611.00. It is, therefore, our opinion and you are accordingly advised that (1) all moneys collected from employees of the Eastern Pennsylvania Psychiatric Institute for meals served in the Institute's cafeteria during the biennium beginning June 1, 1955, are to be paid into the General Fund and made available to the Institute, as an appropriation, and (2) all such moneys collected during the biennium beginning June 1, 1957, are similarly to be paid into the General Fund; and the exact amount by which the collections, including the moneys collected from employees, exceed the amount of $23,611.00, is to be made available to the Institute, as an appropriation. Very truly yours, DEPARTMENT OF JUSTICE, JEROME.H. GERBER, Deputy Attorney General. THOMAS D. McBRIDE, Attorney General.