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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, SCARNATI, EARLL, ALLOWAY, FOLMER, ORIE, EICHELBERGER, WAUGH, SOLOBAY, ERICKSON AND HUGHES, MARCH 11, 2011 |
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| REFERRED TO EDUCATION, MARCH 11, 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," in preliminary provisions, further |
6 | providing for publication of notices and proofs of |
7 | publication. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 106 of the act of March 10, 1949 (P.L.30, |
11 | No.14), known as the Public School Code of 1949, is amended to |
12 | read: |
13 | Section 106. Publication of Notices, etc.; Proofs of |
14 | Publication.--(a) Whenever, under the provisions of this act, |
15 | notice is required to be published in one newspaper, such |
16 | publication shall be made as follows: |
17 | (1) in a newspaper of general circulation as defined by the |
18 | "Newspaper Advertising Act" of May sixteen, one thousand nine |
19 | hundred twenty-nine (Pamphlet Laws 1784), printed in the |
20 | county[, unless the matter in connection with which the |
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1 | advertising is being done affects only a school district, in |
2 | which case such advertisement shall be published in a newspaper |
3 | printed in such school district, if there is such a newspaper, |
4 | and if not, then in a newspaper circulating generally in such |
5 | school district. If such notice is required to be published in |
6 | more than one newspaper, it shall be published in at least one |
7 | newspaper of general circulation, defined as aforesaid, printed, |
8 | if there be such a newspaper, or circulating generally, as above |
9 | provided, in the school district] in which the school district |
10 | is located; |
11 | (2) in a newspaper printed in the school district, if there |
12 | is such a newspaper; |
13 | (3) in a newspaper circulating generally in the school |
14 | district; |
15 | (4) in a legal newspaper designated by the rules of court of |
16 | the county in which the school district is located for the |
17 | publication of legal notices and advertisements; |
18 | (5) on the school district's official, public Internet |
19 | website using hypertext markup language (HTML) format, or an |
20 | equivalent language format; |
21 | (6) on the official, public Internet website of a newspaper |
22 | listed in paragraph (1), (2), (3) or (4), using HTML format or |
23 | an equivalent language format; or |
24 | (7) in a community paper of mass dissemination. For purposes |
25 | of this paragraph, a "community paper of mass dissemination" |
26 | shall mean a locally circulated printed publication that is at |
27 | least four pages long, is issued on at least a weekly basis and |
28 | is distributed by audited carriers to all known addresses within |
29 | a political subdivision. |
30 | [(b) When such notice relates to any proceeding or matter in |
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1 | any court, or the holding of an election for the increase of |
2 | indebtedness, or the issue and sale of bonds to be paid by |
3 | taxation, such notice, in each school district, shall also be |
4 | published in the legal newspaper, if any, designated by the |
5 | rules of court of the proper county for the publication of legal |
6 | notices and advertisements: Provided, That auditors' statements, |
7 | summaries of auditors' statements, advertisements inviting |
8 | proposals for public contracts and for bids for materials and |
9 | supplies, or lists of delinquent taxpayers, shall be published |
10 | only in newspapers of general circulation, defined as |
11 | aforesaid.] |
12 | (b.1) If notice is required to be published in more than one |
13 | publication, such publication shall be made by at least two of |
14 | the means of publication listed in subsection (a). |
15 | (b.2) A school district may determine the appropriate means |
16 | of publication from the means of publication listed in |
17 | subsection (a). |
18 | (c) Proof of publication of any notice required to be given |
19 | by the posting of handbills or statements shall be made by |
20 | attaching an original copy of such handbill or statement as |
21 | actually printed and posted to an affidavit made by the person |
22 | posting such notice. Such affiant shall not be an interested |
23 | party or an employe of any person or persons interested in the |
24 | subject matter of said notice. His affidavit shall state where |
25 | and when the notices were posted and [where] the manner in which |
26 | the notice was published [in newspapers, as aforesaid]. A |
27 | printed copy, exactly as published [in said newspaper], shall be |
28 | securely attached to a similar affidavit of the publisher or his |
29 | designated agent. |
30 | Section 2. This act shall take effect immediately. |
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