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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HALUSKA, CALTAGIRONE, COHEN, CRUZ, DALEY, HORNAMAN, MAHONEY, QUINN, SCAVELLO, VULAKOVICH, GEIST, KOTIK, MURPHY, READSHAW, STURLA, MILLER AND HESS, MARCH 9, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, MARCH 9, 2011 |
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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 | * * * |
20 | (4.1) Notwithstanding the foregoing provision of this |
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1 | section, no unused and unnecessary school building, nor any |
2 | unused and unnecessary land upon which such a building is |
3 | located, may be sold for less than fifty (50) per centum of the |
4 | fair market value of the building, or of the land and building, |
5 | as the case may be, provided the prospective purchaser submits a |
6 | plan for the building and demonstrates that the purchaser has |
7 | the financial resources to implement the plan, except that the |
8 | building, or land and building, may be donated to a political |
9 | subdivision of this Commonwealth or to a nonprofit corporation |
10 | that qualifies as an institution of purely public charity under |
11 | section 5 of the act of November 26, 1997 (P.L.508, No.55), |
12 | known as the "Institutions of Purely Public Charity Act." The |
13 | fair market value, as used in this clause, shall be determined |
14 | by a State-certified real estate appraiser who is certified |
15 | under the act of July 10, 1990 (P.L.404, No.98), known as the |
16 | "Real Estate Appraisers Certification Act," or by taking the |
17 | mean average of the fair market values as determined by two or |
18 | three such State-certified real estate appraisers. For the |
19 | purpose of this clause, no appraisal may be utilized that was |
20 | made more than one year prior to the date of sale. Any unused |
21 | and unnecessary school building that cannot be sold for at least |
22 | fifty (50) per centum of the fair market value subject to the |
23 | conditions set forth in this clause and is not donated to a |
24 | political subdivision or a nonprofit corporation pursuant to |
25 | this section shall be demolished by the school district within |
26 | ten years of its becoming unused. A school district shall not be |
27 | required to demolish any school building if: |
28 | (i) the board of school directors has determined by |
29 | resolution the building is necessary for future use by the |
30 | school district; |
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1 | (ii) the school building is maintained in accordance with |
2 | State and local building or health and safety ordinances; |
3 | (iii) the school building is located on school property with |
4 | at least one other school building that is used for the |
5 | instruction of students; or |
6 | (iv) the school building was built before 1940 and the |
7 | Pennsylvania Historical and Museum Commission determines the |
8 | school building has historic value. |
9 | * * * |
10 | Section 2. Section 2574(a) of the act, amended September 29, |
11 | 1959 (P.L.992, No.407), is amended to read: |
12 | Section 2574. Approved Reimbursable Rental for Leases |
13 | Hereafter Approved and Approved Reimbursable Sinking Fund |
14 | Charges on Indebtedness.--(a) For school building projects for |
15 | which the general construction contract is awarded subsequent to |
16 | March 22, 1956, and for approved school building projects for |
17 | which the general construction contract was awarded but for |
18 | which a lease was not approved by the Department of [Public |
19 | Instruction] Education prior to March 22, 1956, the Department |
20 | of [Public Instruction] Education shall calculate an approved |
21 | reimbursable rental or approved reimbursable sinking fund |
22 | charges. Reimbursable sinking fund charges may include charges |
23 | for temporary indebtedness within constitutional limitations, if |
24 | the indebtedness is incurred for approved [permanent] |
25 | improvements to the school plant including the cost of acquiring |
26 | a suitable site for a school building, the cost of constructing |
27 | a new school building, or the cost of providing needed additions |
28 | or alterations to existing buildings for which no bond issue is |
29 | provided and for which an approved obligation or obligations |
30 | other than bonds have been issued and the obligation or |
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1 | obligations are payable within five (5) years from the date of |
2 | issue of the obligation in equal annual installments. As used in |
3 | this section, "building" shall include a permanent structure |
4 | that contains or is attached to relocatable or modular |
5 | classrooms. The term "relocatable or modular classroom" shall |
6 | mean a classroom not of a permanent nature which meets the |
7 | criteria and specifications of the Department of Education. |
8 | Approved reimbursable rental or sinking fund charge shall |
9 | consist of that part of the annual rental or sinking fund charge |
10 | attributable to-- |
11 | (1) The cost of acquiring the land upon which the school |
12 | buildings are situate, the cost of necessary rough grading to |
13 | permit proper placement of the building upon said land and the |
14 | cost of sewage treatment plants, as required by the Department |
15 | of Health, to the extent that such costs are deemed reasonable |
16 | by the Department of [Public Instruction] Education and the |
17 | interest on such costs of acquisition, grading and sewage |
18 | treatment plants earned subsequent to date the construction |
19 | contract is awarded, and |
20 | (2) The approved building construction cost and the interest |
21 | on such construction cost. |
22 | * * * |
23 | Section 3. This act shall take effect in 60 days. |
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