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| PRIOR PRINTER'S NO. 957 | PRINTER'S NO. 979 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, PICCOLA, PILEGGI, HUGHES, FOLMER, RAFFERTY, EICHELBERGER, ALLOWAY, WAUGH, YUDICHAK, ERICKSON, D. WHITE, YAW AND EARLL, MARCH 31, 2011 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 5, 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 grounds and buildings, further |
6 | providing for acquisition and for administration; and | <-- |
7 | providing for lease approval. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 731 of the act of March 10, 1949 (P.L.30, | <-- |
11 | No.14), known as the Public School Code of 1949, amended June |
12 | 27, 1973 (P.L.75, No.34), is amended to read: |
13 | Section 1. Section 703 of the act of March 10, 1949 (P.L.30, | <-- |
14 | No.14), known as the Public School Code of 1949, amended June 1, |
15 | 1972 (P.L.325, No.89), is amended to read: |
16 | Section 703. Acquisition of Buildings, Sites for School |
17 | Buildings and Playgrounds, and Disposing Thereof.--In order to |
18 | comply with the provisions of this act, and subject to the |
19 | conditions thereof, the board of school directors of each |
20 | district is hereby vested with the necessary power and authority |
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1 | to acquire, in the name of the district, by purchase, lease, |
2 | gift, devise, agreement, condemnation, or otherwise, any and all |
3 | schools and real estate, either vacant or occupied, including |
4 | lands theretofore occupied by streets and alleys which have been |
5 | vacated by municipal authorities, and to acquire by purchase, |
6 | lease, gift or devise, other buildings approved for school use |
7 | by the Department of Education as the board of school directors |
8 | may deem necessary to furnish school buildings or other suitable |
9 | sites for proper school purposes for said district or to enlarge |
10 | the grounds of any school property held by such district, and to |
11 | sell, convey, transfer, dispose of, or abandon the same, or any |
12 | part thereof, as the board of school directors may determine. |
13 | Approval of the Department of Education for school buildings and |
14 | playgrounds on any school construction project that is not |
15 | eligible for State reimbursement shall not be required. |
16 | Section 2. Section 731 of the act, amended June 27, 1973 |
17 | (P.L.75, No.34), is amended to read: |
18 | Section 731. Approval by Department of Plans, etc., of |
19 | Buildings; Exceptions.--(a) The Department of Education, with |
20 | respect to construction or reconstruction of public school |
21 | buildings, shall have the power and its duties shall be: |
22 | (1) To review all projects, plans and specifications for |
23 | school building construction or reconstruction, and to make |
24 | recommendations thereon to the General Assembly and the |
25 | Governor; |
26 | (2) To assist school districts in preplanning construction |
27 | and reconstruction projects, and offer such architectural, |
28 | engineering and financial advice as will enable the project to |
29 | comply with the standards prescribed by the State Board of |
30 | Education; |
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1 | (3) To hold hearings on any or all projects and subpoena |
2 | witnesses, administer oaths, take testimony and compel the |
3 | production of documents relevant to any investigation; |
4 | (4) To act as liaison between the public, local school |
5 | officials, the General Assembly, and the Governor on school |
6 | building construction and reconstruction projects; |
7 | (5) To receive and investigate complaints from the public or |
8 | other source concerning any school building construction or |
9 | reconstruction project; |
10 | (6) To conduct investigations on any phase of school |
11 | building construction or reconstruction projects. |
12 | (7) To, in conjunction with the State Board of Education, do |
13 | all of the following: |
14 | (i) Conduct a review of the process by which the department |
15 | is meeting the requirements of this section. |
16 | (ii) Make recommendations to: |
17 | (A) eliminate the backlog waiting for review; |
18 | (B) increase efficiency of the process; and |
19 | (C) ensure ease of compliance with the requirements for |
20 | those entities that must comply with them. |
21 | (iii) Promulgate temporary regulations to implement the |
22 | recommendations under subparagraph (ii). Regulations under this |
23 | subparagraph are subject to all of the following: |
24 | (A) The regulations shall be exempt from: |
25 | (I) sections 201, 202 and 203 of the act of July 31, 1968 |
26 | (P.L.769, No.240), referred to as the Commonwealth Documents |
27 | Law; and |
28 | (II) the act of June 25, 1982 (P.L.633, No.181), known as |
29 | the "Regulatory Review Act." |
30 | (B) The regulations shall expire on the earlier of: |
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1 | (I) the effective date of regulations under subparagraph |
2 | (iv); or |
3 | (II) eighteen months from the effective date of this |
4 | paragraph. |
5 | (iv) Promulgate regulations to implement recommendations |
6 | under subparagraph (ii). |
7 | (b) The Department of Education shall employ engineers, |
8 | architects, financial advisors, and such other staff personnel |
9 | as may be necessary for the proper performance of the duties of |
10 | the Department with respect to construction or reconstruction of |
11 | public school buildings. |
12 | (c) [No] Except as set forth in subsection (f), no public | <-- |
13 | school building shall be contracted for, constructed, or |
14 | reconstructed, in any school district of the second, third, or |
15 | fourth class until the plans and specifications therefor have |
16 | been approved by the Department of Education. |
17 | (d) When ordinary repairs are proposed, such as plastering, |
18 | painting, replacement of floors, improvement of school grounds, |
19 | repairing or providing walks, roadways or retaining walls, the |
20 | cost of which in districts of the second class or in districts |
21 | of the third and fourth class will not exceed fifteen thousand |
22 | dollars ($15,000) per building, no approval shall be required. |
23 | Where any structural change is involved, such as moving or |
24 | adding doors, windows, partitions, making additions or any |
25 | excavations, or any work which may affect the safety or health |
26 | of the pupils, or any work which comes under the jurisdiction of |
27 | another department of the Commonwealth, approval of the |
28 | Department of Education shall be required regardless of the cost |
29 | of such structural change. |
30 | (e) No school building shall be purchased by any school |
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1 | district until such purchase shall have been approved by the |
2 | Department of Education. Such approval shall not be given unless |
3 | the school building to be purchased and any approved structural |
4 | changes or renovations meet the standards required to operate |
5 | public school buildings of a similar age currently in use in the |
6 | Commonwealth. |
7 | (f) Approval of the Department of Education for projects, | <-- |
8 | plans and specifications for school construction projects not |
9 | eligible for reimbursement from the Commonwealth shall not be |
10 | required. |
11 | Section 3. Section 731.1 of the act, added December 6, 1972 |
12 | (P.L.1445, No.323), is amended to read: |
13 | Section 731.1. Approval of Lease Agreements.--[No] Except as |
14 | set forth in subsection (b), no building facilities for school |
15 | use authorized under the provisions of section 703.1, shall be |
16 | leased by any school district until such lease agreement has |
17 | been approved by the Department of Education. Such approval |
18 | shall not be given unless the building facilities to be leased |
19 | meet the standards required to operate public school buildings |
20 | in use in the Commonwealth. |
21 | (b) Department approval of a lease agreement shall not be |
22 | required for a lease agreement which does not qualify for |
23 | Commonwealth reimbursement. |
24 | Section 2 4. This act shall take effect immediately. | <-- |
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