Pennsylvania Act 2004-151 — BOARD OF DIRECTORS OF THE ROUSE ESTATE ACT - ENACTMENT

Act text

BOARD OF DIRECTORS OF THE ROUSE ESTATE ACT - ENACTMENT
                 Act of Nov. 23, 2004, P.L. 1241, No. 151             Cl. 87
                                  AN ACT

     Establishing the Board of Directors of the Rouse Estate; and
        making repeals.

        WHEREAS, The act of April 5, 1862 (P.L.407, No.410), entitled
     "An act incorporating Commissioners of the Rouse estate, in
     Warren county," the act of April 18, 1864 (P.L.438, No.375),
     entitled "An act to provide for the purchase of land, and the
     erection of buildings, for the support and employment of the
     poor of Warren county," and the act of April 1866 (1867
     P.L.1412, No.1322), entitled "An act to abolish the office of
     directors of the Rouse Hospital of Warren county," incorporated
     the Commissioners of Warren County into a body corporate and
     politic, known as the Commissioners of the Rouse Estate and also
     known as the Rouse Estate, in order to administer certain
     proceeds of the estate of Henry R. Rouse for the use of the poor
     of Warren County and directed the establishment of an almshouse
     known as the Rouse Hospital of Warren County; and
        WHEREAS, The almshouse has evolved into an institution which
     provides a long-term care facility, known as the Rouse Warren
     County Home, supplemented by a certain assisted living facility
     and a day-care center and which seeks to respond to community
     needs in a manner consistent with its governmental and
     charitable purposes; and
        WHEREAS, The General Assembly has determined that the
     Commissioners of the Rouse Estate would benefit from a
     modification of its governing body in order to promote
     continuity of leadership.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Board of
     Directors of the Rouse Estate Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Board."  The Board of Directors of the Rouse Estate.
     Section 3.  Board.
        (a)  Members.--The Board of Directors of the Rouse Estate is
     hereby established and shall consist of the county commissioners
     of Warren County and two members of the community of Warren
     County. The board shall be a continuation of the Commissioners
     of the Rouse Estate originally established under the act of
     April 5, 1862 (P.L.407, No.410), entitled "An act incorporating
     Commissioners of the Rouse estate, in Warren county."
        (b)  Community positions.--Each community member of the
     board, upon appointment or election, shall serve a term of four
     years noncoincident with the terms of the county commissioners
     and shall be entitled to serve for one or more succeeding terms.
     Prior to the expiration of the term of a community member or
     upon a vacancy in a position of community member, the entire
     governing board by majority vote, which majority shall include
     at least two votes of the sitting commissioners of Warren
     County, shall elect a successor community member. If the board
     is unable to choose a successor community member, the chief
     executive officer of the Rouse Estate shall petition the Court
     of Common Pleas of Warren County, Orphans' Court Division, to
     appoint the successor community member.
        (c)  Initial appointments.--The board's community positions
     shall initially be filled by appointment by the county
     commissioners of Warren County. The initial terms of the
     community members may be less than four years or otherwise
     staggered to enhance continuity of board membership, as
     determined by the county commissioners.
     Section 4.  Bylaws.
        The board shall adopt bylaws for its governance consistent
     with this act.
     Section 5.  Construction.
        This act shall be interpreted in a manner which shall
     preserve the status of the long-term care facility known as the
     Rouse Warren County Home as a county nursing facility within the
     meaning of that term under 55 Pa. Code § 1187.2 (relating to
     definitions).
     Section 6.  Transitional provisions.
        The provisions of this act shall not affect any act done,
     liability incurred or right accrued or vested or affect any suit
     pending or to be instituted to enforce any right or penalty in
     accordance with the authority granted by law to the
     Commissioners of the Rouse Estate.
     Section 7.  Repeals.
        (a)  Absolute.--The following acts and parts of acts are
     repealed:
        Act of April 4, 1866 (1867 P.L.1412, No.1322), entitled "An
     act to abolish the office of directors of the Rouse Hospital of
     Warren county."
        (b)  Inconsistent.--The following acts are repealed insofar
     as they are inconsistent with this act:
        Act of April 5, 1862 (P.L.407, No.410), entitled "An act
     incorporating Commissioners of the Rouse estate, in Warren
     county."
        Act of April 18, 1864 (P.L.438, No.375), entitled "An act to
     provide for the purchase of land, and the erection of buildings,
     for the support and employment of the poor of Warren county."
     Section 8.  Effective date.
        This act shall take effect immediately.