AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, further
6providing for publication of notices and proofs of
7publication.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 106 of the act of March 10, 1949 (P.L.30,
11No.14), known as the Public School Code of 1949, is amended to
12read:

13Section 106. Publication of Notices, etc.; Proofs of
14Publication.--(a) Whenever, under the provisions of this act,
15notice is required to be published in one newspaper, such
16publication 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
19hundred twenty-nine (Pamphlet Laws 1784), printed in the
20county[, unless the matter in connection with which the

1advertising is being done affects only a school district, in
2which case such advertisement shall be published in a newspaper
3printed in such school district, if there is such a newspaper,
4and if not, then in a newspaper circulating generally in such
5school district. If such notice is required to be published in
6more than one newspaper, it shall be published in at least one
7newspaper of general circulation, defined as aforesaid, printed,
8if there be such a newspaper, or circulating generally, as above
9provided, in the school district] in which the school district 
10is located;

11(2) in a newspaper printed in the school district, if there
12is such a newspaper;

13(3) in a newspaper circulating generally in the school
14district;

15(4) in a legal newspaper designated by the rules of court of
16the county in which the school district is located for the
17publication of legal notices and advertisements;

18(5) on the school district's official, public Internet
19website using hypertext markup language (HTML) format, or an
20equivalent language format;

21(6) on the official, public Internet website of a newspaper
22listed in paragraph (1), (2), (3) or (4), using HTML format or
23an equivalent language format; or

24(7) in a community paper of mass dissemination. For purposes 
25of this paragraph, a "community paper of mass dissemination" 
26shall mean a locally circulated printed publication that is at 
27least four pages long, is issued on at least a weekly basis and 
28is distributed by audited carriers to all known addresses within 
29a political subdivision.

30[(b) When such notice relates to any proceeding or matter in 

1any court, or the holding of an election for the increase of 
2indebtedness, or the issue and sale of bonds to be paid by 
3taxation, such notice, in each school district, shall also be 
4published in the legal newspaper, if any, designated by the 
5rules of court of the proper county for the publication of legal 
6notices and advertisements: Provided, That auditors' statements, 
7summaries of auditors' statements, advertisements inviting 
8proposals for public contracts and for bids for materials and 
9supplies, or lists of delinquent taxpayers, shall be published 
10only in newspapers of general circulation, defined as 
11aforesaid.]

12(b.1) If notice is required to be published in more than one
13publication, such publication shall be made by at least two of
14the means of publication listed in subsection (a).

15(b.2) A school district may determine the appropriate means
16of publication from the means of publication listed in
17subsection (a).

18(c) Proof of publication of any notice required to be given
19by the posting of handbills or statements shall be made by
20attaching an original copy of such handbill or statement as
21actually printed and posted to an affidavit made by the person
22posting such notice. Such affiant shall not be an interested
23party or an employe of any person or persons interested in the
24subject matter of said notice. His affidavit shall state where
25and when the notices were posted and [where] the manner in which
26the notice was published [in newspapers, as aforesaid]. A
27printed copy, exactly as published [in said newspaper], shall be
28securely attached to a similar affidavit of the publisher or his
29designated agent.

30Section 2. This act shall take effect immediately.