OFFICIAL OPINION No. 25

OFFICIAL OPINION No. 25 We/jore-Drng 011cl Alculwl Treot111e11t Ce11lers-G.S.A. Cunstrncli<J11 1. It is lawful for the General State Authority to construct drug and alcoholic ad- diction diagnostic and treatment centers. and in turn to lease the facilities. through the Department of Property and Supplies. to the Governor's Council on Drug and Alcohol Abuse. to use. or contract for the utilization of. the facilities as drug treatment centers. Hon. Helene Wohlgemuth, Secretary Department of Public Welfare Harrisburg, Pennsylvania and Richard E. Horman, Ph.D. Executive Director Governor's Council on Drug and Alcohol Abuse Harrisburg, Pennsylvania Dear Mrs. Wohlgemuth and Dr. Horman: Harrisburg, Pa. May 7, 1974 You have asked us whether or not the General State Authority can construct facilities to be owned by the Commonwealth and used for drug and alcohol treatment centers under existing law. Article VIII, §7 of the Pennsylvania Constitution provides in part: (4) Debt may be incurred without the approval of the elec- tors for capital projects specifically itemized in a capital budget .... * * * (c) As used in this section, debt shall mean the issued and outstanding obligations of the Commonwealth .... " 88 OPINIONS OF THE ATTORNEY GENERAL Pursuant to the foregoing authority, ~he Legislatu~e passed A~t No. 256 of 1970 providing for, inter alia, the mcurnng of debt (m the form of General Obligation Bonds of the Commonwealth) for the financing of a re~ident t:r:eatment ad~i<;tio!1 center at St. Luke's Hospital and for a diagnostic and rehab1htat10n center, both to be located in Philadelphia. Section 4 of the General State Authority Act of 1949, as amend- ed, 71 P.S. §1707.4 provides: The Authority is created for the purpose of constructing, improving, equipping, furnishing, maintaining, ac- quiring, operating ... Resident Treatment and Research Centers for Victims of Addictive Diseases operating un- der the jurisdiction and control of the Department of Public Welfare. 1 In addition, the General State Authority is specifically authoriz- ed "to lease as lessor to the Commonwealth of Pennsylvania ... or any agency, department or public body of the Com- monwealth ... any project at any time constructed by the Authori- ty." 71 P.S. §l 707.4(d). Consequently, G.S.A. is authorized to erect the two facilities in question and then lease them to the Governor's Council on Drug and Alcohol Abuse through the Department of Property and Supplies.2 If the Governor's Council is not to operate directly the two programs, it may enter into a service purchase contract with St. Luke's Hospital or any other qualified agency to supply the necessary personnel and services. Act No. 63 of April 4, 1972, P.L. 221 71 P.S. §1690.101 et seq. Accordingly, you are formally advised that it is lawful for the General State Authority to construct the facilities in question, in turn to lease the facilities to the Commonwealth through the Department of Property and Supplies, and to have the Com- monwealth utilize, or contract for the utilization of, the facilities as drug treatment and diagnostic centers. In accordance with Section 512 of The Administrative Code of 1929, 71 P.S. §192, we have referred this matter to the offices of the 1. Reorganization Plan Number 2 of 1973 transferred the functions, powers and duties of the Department of Public Welfare with regard to the supervision and licensing of special and general hospitals to the Department of Health. Subse- quently. the "prevention. treatment. rehabilitation. research, education and training aspects of drug and alcohol abuse and dependence problems" were transferred from both the Departments of Health and Public Welfare to the Governor's Council on Drug and Alcohol Abuse. (Reorganization Plan Number 4 of 1973.) 2. The Department of Property and Supplies acts as lessee for all agencies and departments of the Commonwealth as provided for in The Administrative Code of 1929, Section 2402(d), 71 P.S. § 632. OPI NIONS OF THE ATTORNEY GENERAL 89 Auditor General and State Treasurer for their views and have duly noted their comments. Sincerely yours, Patricia A. Donovan, R.S.M. Deputy Attorney General Israel Packel Attorney General