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        PRIOR PRINTER'S NO. 962                       PRINTER'S NO. 1444

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 848 Session of 2007


        INTRODUCED BY HALUSKA, ARGALL, CLYMER, CREIGHTON, FABRIZIO,
           HERSHEY, HORNAMAN, W. KELLER, KIRKLAND, MYERS, NAILOR,
           YOUNGBLOOD, KORTZ, FREEMAN, GEIST, COSTA AND THOMAS,
           MARCH 19, 2007

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 25, 2007

                                     AN ACT

     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.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 707 of the act of March 10, 1949 (P.L.30,
    10  No.14), known as the Public School Code of 1949, is amended by
    11  adding a clause to read:
    12     Section 707.  Sale of Unused and Unnecessary Lands and
    13  Buildings.--The board of school directors of any district is
    14  hereby vested with the necessary power and authority to sell
    15  unused and unnecessary lands and buildings, by any of the
    16  following methods and subject to the following provisions:
    17     * * *
    18     (4.1)  Notwithstanding the foregoing provision of this


     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 EIGHTY (80) PER CENTUM OF the  <--
     4  fair market value of the building, or of the land and building,
     5  as the case may be, except that the building, or land and
     6  building, may be donated to a political subdivision of this
     7  Commonwealth or to a nonprofit corporation that qualifies as an
     8  institution of purely public charity under section 5 of the act
     9  of November 26, 1997 (P.L.508, No.55), known as the
    10  "Institutions of Purely Public Charity Act." The fair market
    11  value, as used in this clause, shall be determined by a State-
    12  certified real estate appraiser who is certified under the act
    13  of July 10, 1990 (P.L.404, No.98), known as the "Real Estate
    14  Appraisers Certification Act," or by taking the mean average of
    15  the fair market values as determined by two or three such State-
    16  certified real estate appraisers. For the purpose of this
    17  clause, no appraisal may be utilized that was made more than one
    18  year prior to the date of sale. Any unused and unnecessary
    19  school building that cannot be sold for AT LEAST EIGHTY (80) PER  <--
    20  CENTUM OF THE fair market value and is not donated to a
    21  political subdivision or a nonprofit corporation pursuant to
    22  this section shall be demolished by the school district within
    23  ten years of its becoming unused. A SCHOOL DISTRICT SHALL NOT BE  <--
    24  REQUIRED TO DEMOLISH ANY SCHOOL BUILDING IF:
    25     (I)  THE BOARD OF SCHOOL DIRECTORS HAS DETERMINED BY
    26  RESOLUTION THE BUILDING IS NECESSARY FOR FUTURE USE BY THE
    27  SCHOOL DISTRICT;
    28     (II)  THE SCHOOL BUILDING IS MAINTAINED IN ACCORDANCE WITH
    29  LOCAL BUILDING OR HEALTH AND SAFETY ORDINANCES; OR
    30     (III)  THE SCHOOL BUILDING IS LOCATED ON SCHOOL PROPERTY WITH
    20070H0848B1444                  - 2 -     

     1  AT LEAST ONE OTHER SCHOOL BUILDING THAT IS USED FOR THE
     2  INSTRUCTION OF STUDENTS.
     3     * * *
     4     Section 2.  This act shall take effect in 60 days.


















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