PRIOR PRINTER'S NO. 962 PRINTER'S NO. 1444
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. A12L24SFL/20070H0848B1444 - 3 -