Bill Text: PA HB455 | 2011-2012 | Regular Session | Introduced

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Bill Title: In powers and duties in general, further providing for sale of real estate and grants of rights-of-way or other rights over or in real estate.

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Introduced - Dead) 2011-02-04 - Referred to STATE GOVERNMENT [HB455 Detail]

Download: Pennsylvania-2011-HB455-Introduced.html

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PRINTER'S NO. 426
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 455 Session of2011
INTRODUCED BY PETRI, BAKER, CALTAGIRONE, GEIST, GODSHALL, HENNESSEY, MARSHALL, MILLARD, MILLER, MOUL, MURT, PICKETT, RAPP, SCAVELLO, SWANGER, VULAKOVICH AND CLYMER, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 2011
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in powers and duties in
general, further providing for sale of real estate and grants
of rights-of-way or other rights over or in real estate.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 514(a) of the act of April 9, 1929 (P.L.
177, No.175), known as The Administrative Code of 1929, amended
December 3, 1970 (P.L.834, No.275), is amended to read:
Section 514. Sale of Real Estate and Grants of Rights of Way
or Other Rights Over or in Real Estate; Tapping Water Lines of
Institutions and Sanatoria.--(a) (1) Except as otherwise in
this act expressly provided, a department, board, or commission,
shall not sell or exchange any real estate belonging to the
Commonwealth, or grant any easement, right of way, or other
interest over or in such real estate, without specific authority
from the General Assembly so to do, [but a] provided that, prior
to enactment by the General Assembly of any legislation
authorizing the sale or exchange of real estate owned by the
Commonwealth, the Department of General Services shall obtain
two appraisals of the real property from an independent
appraiser that include the property's fair market lease value
and the property's fair market sale value, identify any known or
suspected environmental conditions on the property and review
information obtained from the proposed grantee through the
submission of an application form prepared by the department,
which contains the following information:
(i) the name and address of the proposed grantee;
(ii) if the proposed grantee is a business entity, the
entity number, the names of each officer, partner or trustee of
the proposed grantee, the names of each individual with an
ownership interest in the business entity and the financial
structure of the business entity and any affiliates,
intermediaries, subsidiaries or holding companies; and
(iii) the intended use of the property by the proposed
grantee.
(2) The information in the application form shall be
affirmed by the proposed grantee, under penalty of perjury. The
Department of General Services shall provide the Chief Clerk of
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the Senate and the Chief Clerk of the House of Representatives
with a copy of the appraisals and the application and shall
certify to the proposed grantee that the copies have been
transmitted to the General Assembly.
(3) The deed of conveyance for the property may include a
condition that the property shall be used only for the purposes
enumerated in the application form or may exclude certain uses
as recommended by the Department of General Services and as
determined by the General Assembly.
(4) A department, board, or commission may, with the
approval of the Governor, grant a license to any public service
corporation to place upon, in, or over, any dry or submerged
land or bridge of or maintained by the Commonwealth, any public
service line, if such line will enable any State building or
State institution to receive better service, or if such line is
necessary for the service of the public and it is necessary or
reasonably required to cross the Commonwealth's land to afford
such service or if the running of such line over a bridge will
be more economical than the erection of a separate bridge for
the line. Every such license shall be revocable for reasonable
cause upon six months' written notice by the Commonwealth, and
also after like notice for violation of such proper terms and
conditions as the department, board, or commission, with the
approval of the Governor, shall prescribe when the license
issues. Unless any such line is primarily for the benefit of a
State building or State institution, the license shall provide
for the payment to the Commonwealth of compensation for the use
of its property in such amount as the department, board, or
commission granting it shall, with the approval of the Governor,
prescribe.
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(5) But nothing herein contained shall authorize the
Commonwealth to impose and collect from any municipality or
township any compensation for a license granted to such
municipality or township for the running of a public service
line over any such bridge.
(6) This section shall be deemed the exclusive system for
the granting of licenses, consents and permits to place public
service lines upon, in or over any dry or submerged lands of the
Commonwealth. In the case of submerged lands such licenses shall
be granted only by the Department of Environmental Resources,
and the permit shall prescribe such terms and conditions as
shall be deemed necessary by the board to protect the interests
of the public. In the case of dry lands, licenses shall be
issued by the department, board or commission having the
management of such lands.
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Section 2. This act shall take effect in 60 days.
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