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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HALUSKA, ARGALL, BROWN, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DONATUCCI, GEIST, GOODMAN, HARHAI, HENNESSEY, HORNAMAN, W. KELLER, KORTZ, KOTIK, MAHONEY, MILLER, MURT, SCAVELLO, K. SMITH, STURLA AND VULAKOVICH, FEBRUARY 19, 2009 |
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| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 19, 2009 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for the sale of |
6 | unused and unnecessary lands and buildings; providing for |
7 | State reimbursement for mobile classroom facilities; and |
8 | making editorial changes. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 707 of the act of March 10, 1949 (P.L.30, |
12 | No.14), known as the Public School Code of 1949, is amended by |
13 | adding a clause to read: |
14 | Section 707. Sale of Unused and Unnecessary Lands and |
15 | Buildings.--The board of school directors of any district is |
16 | hereby vested with the necessary power and authority to sell |
17 | unused and unnecessary lands and buildings, by any of the |
18 | following methods and subject to the following provisions: |
19 | * * * |
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1 | (4.1) Notwithstanding the foregoing provision of this |
2 | section, no unused and unnecessary school building, nor any |
3 | unused and unnecessary land upon which such a building is |
4 | located, may be sold for less than fifty (50) per centum of the |
5 | fair market value of the building, or of the land and building, |
6 | as the case may be, provided the prospective purchaser submits a |
7 | plan for the building and demonstrates that the purchaser has |
8 | the financial resources to implement the plan, except that the |
9 | building, or land and building, may be donated to a political |
10 | subdivision of this Commonwealth or to a nonprofit corporation |
11 | that qualifies as an institution of purely public charity under |
12 | section 5 of the act of November 26, 1997 (P.L.508, No.55), |
13 | known as the "Institutions of Purely Public Charity Act." The |
14 | fair market value, as used in this clause, shall be determined |
15 | by a State-certified real estate appraiser who is certified |
16 | under the act of July 10, 1990 (P.L.404, No.98), known as the |
17 | "Real Estate Appraisers Certification Act," or by taking the |
18 | mean average of the fair market values as determined by two or |
19 | three such State-certified real estate appraisers. For the |
20 | purpose of this clause, no appraisal may be utilized that was |
21 | made more than one year prior to the date of sale. Any unused |
22 | and unnecessary school building that cannot be sold for at least |
23 | fifty (50) per centum of the fair market value subject to the |
24 | conditions set forth in this clause and is not donated to a |
25 | political subdivision or a nonprofit corporation pursuant to |
26 | this section shall be demolished by the school district within |
27 | ten years of its becoming unused. A school district shall not be |
28 | required to demolish any school building if: |
29 | (i) the board of school directors has determined by |
30 | resolution the building is necessary for future use by the |
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1 | school district; |
2 | (ii) the school building is maintained in accordance with |
3 | State and local building or health and safety ordinances; |
4 | (iii) the school building is located on school property with |
5 | at least one other school building that is used for the |
6 | instruction of students; or |
7 | (iv) the school building was built before 1940 and the |
8 | Pennsylvania Historical and Museum Commission determines the |
9 | school building has historic value. |
10 | * * * |
11 | Section 2. Section 2574(a) of the act, amended September 29, |
12 | 1959 (P.L.992, No.407), is amended to read: |
13 | Section 2574. Approved Reimbursable Rental for Leases |
14 | Hereafter Approved and Approved Reimbursable Sinking Fund |
15 | Charges on Indebtedness.--(a) For school building projects for |
16 | which the general construction contract is awarded subsequent to |
17 | March 22, 1956, and for approved school building projects for |
18 | which the general construction contract was awarded but for |
19 | which a lease was not approved by the Department of [Public |
20 | Instruction] Education prior to March 22, 1956, the Department |
21 | of [Public Instruction] Education shall calculate an approved |
22 | reimbursable rental or approved reimbursable sinking fund |
23 | charges. Reimbursable sinking fund charges may include charges |
24 | for temporary indebtedness within constitutional limitations, if |
25 | the indebtedness is incurred for approved [permanent] |
26 | improvements to the school plant including the cost of acquiring |
27 | a suitable site for a school building, the cost of constructing |
28 | a new school building, or the cost of providing needed additions |
29 | or alterations to existing buildings for which no bond issue is |
30 | provided and for which an approved obligation or obligations |
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1 | other than bonds have been issued and the obligation or |
2 | obligations are payable within five (5) years from the date of |
3 | issue of the obligation in equal annual installments. As used in |
4 | this section, "building" shall include a permanent structure |
5 | that contains or is attached to relocatable or modular |
6 | classrooms. The term "relocatable or modular classroom" shall |
7 | mean a classroom not of a permanent nature which meets the |
8 | criteria and specifications of the Department of Education. |
9 | Approved reimbursable rental or sinking fund charge shall |
10 | consist of that part of the annual rental or sinking fund charge |
11 | attributable to-- |
12 | (1) The cost of acquiring the land upon which the school |
13 | buildings are situate, the cost of necessary rough grading to |
14 | permit proper placement of the building upon said land and the |
15 | cost of sewage treatment plants, as required by the Department |
16 | of Health, to the extent that such costs are deemed reasonable |
17 | by the Department of [Public Instruction] Education and the |
18 | interest on such costs of acquisition, grading and sewage |
19 | treatment plants earned subsequent to date the construction |
20 | contract is awarded, and |
21 | (2) The approved building construction cost and the interest |
22 | on such construction cost. |
23 | * * * |
24 | Section 3. This act shall take effect in 60 days. |
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