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                                                       PRINTER'S NO. 962

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 AND
           YOUNGBLOOD, MARCH 19, 2007

        REFERRED TO COMMITTEE ON EDUCATION, MARCH 19, 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
    19  section, no unused and unnecessary school building, nor any


     1  unused and unnecessary land upon which such a building is
     2  located, may be sold for less than the fair market value of the
     3  building, or of the land and building, as the case may be,
     4  except that the building, or land and building, may be donated
     5  to a political subdivision of this Commonwealth or to a
     6  nonprofit corporation that qualifies as an institution of purely
     7  public charity under section 5 of the act of November 26, 1997
     8  (P.L.508, No.55), known as the "Institutions of Purely Public
     9  Charity Act." The fair market value, as used in this clause,
    10  shall be determined by a State-certified real estate appraiser
    11  who is certified under the act of July 10, 1990 (P.L.404,
    12  No.98), known as the "Real Estate Appraisers Certification Act,"
    13  or by taking the mean average of the fair market values as
    14  determined by two or three such State-certified real estate
    15  appraisers. For the purpose of this clause, no appraisal may be
    16  utilized that was made more than one year prior to the date of
    17  sale. Any unused and unnecessary school building that cannot be
    18  sold for fair market value and is not donated to a political
    19  subdivision or a nonprofit corporation pursuant to this section
    20  shall be demolished by the school district within ten years of
    21  its becoming unused.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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